[Senate Document 105-12]
[From the U.S. Government Publishing Office]



105th Congress                                                 Document
                               SENATE

1st Session                                                      105-12
_______________________________________________________________________


 
                   SENATE ELECTION LAW GUIDEBOOK 1998

                               ----------                              

             A COMPILATION OF SENATE CAMPAIGN INFORMATION,
               INCLUDING FEDERAL AND STATE LAWS GOVERNING
                  ELECTION TO THE UNITED STATES SENATE

                               ----------                              

                         JOHN WARNER, Chairman

                 COMMITTEE ON RULES AND ADMINISTRATION
                          UNITED STATES SENATE

                       REVISED TO JANUARY 1, 1998





                November 5, 1997.--Ordered to be printed



                   SENATE ELECTION LAW GUIDEBOOK 1998



105th Congress                                                 Document
                                  SENATE

1st Session                                                      105-12
_______________________________________________________________________


                          SENATE ELECTION LAW

                               GUIDEBOOK

                                  1998

                               __________

             A COMPILATION OF SENATE CAMPAIGN INFORMATION,
               INCLUDING FEDERAL AND STATE LAWS GOVERNING
                  ELECTION TO THE UNITED STATES SENATE

                               __________

                         JOHN WARNER, Chairman

                 COMMITTEE ON RULES AND ADMINISTRATION

                          UNITED STATES SENATE

                       REVISED TO JANUARY 1, 1998





                November 5, 1997.--Ordered to be printed


                 COMMITTEE ON RULES AND ADMINISTRATION

                    JOHN WARNER, Virginia, Chairman
JESSE HELMS, North Carolina          WENDELL H. FORD, Kentucky
TED STEVENS, Alaska                  ROBERT C. BYRD, West Virginia
MITCH McCONNELL, Kentucky            DANIEL K. INOUYE, Hawaii
THAD COCHRAN, Mississippi            DANIEL PATRICK MOYNIHAN, New York
RICK SANTORUM, Pennsylvania          CHRISTOPHER J. DODD, Connecticut
DON NICKLES, Oklahoma                DIANNE FEINSTEIN, California
TRENT LOTT, Mississippi              ROBERT G. TORRICELLI, New Jersey
KAY BAILEY HUTCHISON, Texas

                   Grayson Winterling, Staff Director
                     Bruce E. Kasold, Chief Counsel
      Kennie L. Gill, Democratic Staff Director and Chief Counsel
                              ----------                              

                         SENATE RESOLUTION 143

                   In the Senate of the United States

                            November 5, 1997

    Resolved, That the Committee on Rules and Administration 
hereby is directed to prepare a revised edition of the Senate 
Election Law Guidebook, Senate document 104-12, and that such 
document shall be printed as a Senate document.
    Sec. 2. There shall be printed 600 additional copies of the 
document specified in section 1 of this resolution for the use 
of the Committee on Rules and Administration.
    Attest:
                                                Gary Sisco,
                                                         Secretary.
  

                                 CAVEAT

                              ----------                              


    It is of paramount importance to check with the appropriate 
secretary of state or state board of elections when questions 
arise about the various state statutory materials contained in 
this publication. Questions about dates and filing information 
should also be directed to the secretary of state or state 
election office, since changes in this area of law occur 
frequently.
  

                                PREFACE

                              ----------                              

    The 1998 publication contains a comprehensive compilation 
of constitutional and Federal statutory provisions and State 
election laws relating to the nomination and election of 
candidates to the United States Senate.
    This Guidebook is designed as a ready reference, giving the 
highlights of the provisions of Federal and State laws 
pertaining to the election of Senators. It is anticipated that 
it will be of benefit to senatorial candidates, to the 
Committee on Rules and Administration, and to the public in 
general. The detailed citations will afford opportunity for 
reference to the statutory provisions if one should require 
complete information on any given subject.
    This revision of the Senate Election Law Guidebook was 
prepared at the direction to the Committee on Rules and 
Administration by L. Paige Whitaker, John Contrubis, Margaret 
M. Lee, Jack Maskell, legislative attorneys, and paralegals 
Gloria P. Sugars and M. Ann Wolfe, coordinator, under the 
supervision of Richard C. Ehlke, chief, American Law Division, 
Congressional Research Service, Library of Congress.
    An acknowledgement is made to Lana R. Slack, professional 
staff member of the Senate Committee on Rules and 
Administration, for her assistance in the research and 
preparation of this publication.


                            C O N T E N T S

                              ----------                              
                                                                   Page
Caveat...........................................................   iii
Preface..........................................................     v
Important Election Dates.........................................  xiii
The United States Senate.........................................     1

PART I: CONSTITUTIONAL AND FEDERAL STATUTORY PROVISIONS AND OTHER 
  RELATED MATERIALS REGULATING THE NOMINATIONS AND ELECTIONS OF 
                          U.S. SENATORS

A. Federal Constitutional Provisions Relating to the Elections of 
  Senators.......................................................     9
    Composition of Senate........................................     9
    Vacancies....................................................     9
    Qualifications...............................................     9
    Conduct of Elections.........................................     9
    Dual Office Holding..........................................     9
    Ban on Poll Tax..............................................    10
    Eighteen-Year-Old Vote.......................................    10
    Pay of Senators..............................................    10
B. Selected Laws Relating to the Elections of Senators (Title 2, 
  U.S. Code).....................................................    11
    2 U.S.C. Sec. 1. Time for Election of Senators...............    11
    2 U.S.C. Sec. 1a. Election To Be Certified By Governor.......    11
    2 U.S.C. Sec. 1b. Countersignature of Certificate of Election    11
    2 U.S.C. Sec. 7. Time of Election............................    11
    2 U.S.C. Sec. 8. Vacancies...................................    11
    2 U.S.C. Sec. 21. Oath of Senators...........................    12
    2 U.S.C. Sec. 22. Oath of President of Senate................    12
    2 U.S.C. Sec. 23. Presiding Officer of Senate May Administer 
      Oaths......................................................    12
    2 U.S.C. Sec. 24. Secretary of Senate or Assistant Secretary 
      May Administer Oaths.......................................    12
    2 U.S.C. Sec. 31-2. Gifts and travel.........................    12
    2 U.S.C. Sec. 33. Senators' Salaries.........................    14
    2 U.S.C. Sec. 36. Salaries of Senators.......................    14
    2 U.S.C. Sec. 39. Deductions for Absence.....................    15
    2 U.S.C. Sec. 40. Deductions for Withdrawal..................    15
    2 U.S.C. Sec. 40a. Deductions for Delinquent Indebtedness....    15
    2 U.S.C. Sec. 43d. Organizational Expenses of Senator-elect..    16
    2 U.S.C. Sec. 46a-1. Senate Revolving Fund for Stationery 
      Allowances, Availability of Unexpended Balances, 
      Withdrawals................................................    17
C. Campaign Financing, Reporting and Disclosure (Title 2, U.S. 
  Code)..........................................................    18
    2 U.S.C. Sec. 431. Definitions...............................    18
    2 U.S.C. Sec. 432. Organization of Political Committees......    24
    2 U.S.C. Sec. 433. Registration of Political Committees; 
      Statements.................................................    27
    2 U.S.C. Sec. 434. Reporting Requirements....................    28
    2 U.S.C. Sec. 437. Reports on Convention Financing...........    36
    2 U.S.C. Sec. 437c. Federal Election Commission..............    37
    2 U.S.C. Sec. 437d. Powers of the Commission.................    39
    2 U.S.C. Sec. 437f. Advisory Opinions........................    41
    2 U.S.C. Sec. 437g. Enforcement..............................    42
    2 U.S.C. Sec. 437h. Judicial Review..........................    47
    2 U.S.C. Sec. 438. Administrative Provisions.................    47
    2 U.S.C. Sec. 439. Statements Filed With State Officers......    50
    2 U.S.C. Sec. 439a. Use of Contributed Amounts for Certain 
      Purposes...................................................    51
    2 U.S.C. Sec. 439c. Authorization of Appropriations..........    51
    2 U.S.C. Sec. 441a. Limitations on Contributions and 
      Expenditures...............................................    52
    2 U.S.C. Sec. 441b. Contributions or Expenditures by National 
      Banks, Corporations, or Labor Organizations................    57
    2 U.S.C. Sec. 441c. Contributions by Government Contractors..    59
    2 U.S.C. Sec. 441d. Publication and Distribution of 
      Statements and Solicitations...............................    60
    2 U.S.C. Sec. 441e. Contributions by Foreign Nationals.......    60
    2 U.S.C. Sec. 441f. Prohibition on Contributions in Name of 
      Another....................................................    61
    2 U.S.C. Sec. 441g. Limitation on Contribution of Currency...    61
    2 U.S.C. Sec. 441h. Fraudulent Misrepresentation of Campaign 
      Authority..................................................    61
    2 U.S.C. Sec. 442. Authority to Procure Technical Support and 
      Other Services and Incur Travel Expenses, Payment of Such 
      Expenses...................................................    62
    2 U.S.C. Sec. 451. Extension of Credit by Regulated 
      Industries; Regulations....................................    62
    2 U.S.C. Sec. 452. Prohibition Against Use of Certain Federal 
      Funds for Election Activities..............................    63
    2 U.S.C. Sec. 453. State Laws Affected.......................    63
    2 U.S.C. Sec. 454. Partial Invalidity........................    63
    2 U.S.C. Sec. 455. Period of Limitations.....................    63
D. Financial Disclosure Requirements of Federal Personnel (Title 
  5, U.S. Code)..................................................    65
    5 U.S.C. App. Sec. 101. Persons Required to File.............    65
    5 U.S.C. App. Sec. 102. Contents of Reports..................    68
    5 U.S.C. App. Sec. 103. Filing of Reports....................    78
    5 U.S.C. App. Sec. 104. Failure to File or Filing False 
      Reports....................................................    80
    5 U.S.C. App. Sec. 105. Custody of and Public Access to 
      Reports....................................................    81
    5 U.S.C. App. Sec. 106. Review of Reports....................    83
    5 U.S.C. App. Sec. 107. Confidential Reports and other 
      Additional Requirements....................................    85
    5 U.S.C. App. Sec. 108. Authority of Comptroller General.....    86
    5 U.S.C. App. Sec. 109. Definitions..........................    86
    5 U.S.C. App. Sec. 110. Notice of Actions Taken to Comply 
      with Ethics Agreements.....................................    89
    5 U.S.C. App. Sec. 111. Administration of Provisions.........    90
E. Political Activities: Federal Employees (Title 5, U.S. Code)..    91
    5 U.S.C. Sec. 7321. Political Participation..................    91
    5 U.S.C. Sec. 7322. Definitions..............................    91
    5 U.S.C. Sec. 7323. Political Activity Authorized; 
      Prohibitions...............................................    92
    5 U.S.C. Sec. 7324. Political Activities on Duty; Prohibition    93
    5 U.S.C. Sec. 7325. Political Activity Permitted; Employees 
      Residing in Certain Municipalities.........................    94
    5 U.S.C. Sec. 7326. Penalties................................    94
    5 U.S.C. Sec. 7351. Gifts to Superiors.......................    94
    5 U.S.C. Sec. 7353. Gifts to Federal Employees...............    95
F. Political Activities: State and Local Employees (Title 5, U.S. 
  Code)..........................................................    97
    5 U.S.C. Sec. 1501. Definitions..............................    97
    5 U.S.C. Sec. 1502. Influencing Elections; Taking Part in 
      Political Campaigns; Prohibitions; Exceptions..............    97
    5 U.S.C. Sec. 1503. Nonpartisan Candidacies Permitted........    98
    5 U.S.C. Sec. 1504. Investigations; Notice of Hearing........    98
    5 U.S.C. Sec. 1505. Hearings; Adjudications; Notice of 
      Determinations.............................................    98
    5 U.S.C. Sec. 1506. Orders; Withholding Loans or Grants; 
      Limitations................................................    99
    5 U.S.C. Sec. 1507. Subpenas and Depositions.................    99
    5 U.S.C. Sec. 1508. Judicial Review..........................   100
G. Limitations on Outside Employment and Elimination of Honoraria 
  (Title 5, U.S. Code)...........................................   102
    5 U.S.C. App. Sec. 501. Outside Earned Income Limitation.....   102
    5 U.S.C. App. Sec. 502. Limitations on Outside Employment....   103
    5 U.S.C. App. Sec. 503. Administration.......................   104
    5 U.S.C. App. Sec. 504. Civil Penalties......................   104
    5 U.S.C. App. Sec. 505. Definitions..........................   104
H. Criminal Code Provisions (Title 18, U.S. Code)................   106
    18 U.S.C. Sec. 203. Compensation to Members of Congress, 
      Officers, and Others in Matters Affecting the Government...   106
    18 U.S.C. Sec. 210. Offer to Procure Appointive Public Office   107
    18 U.S.C. Sec. 211. Acceptance or Solicitation to Obtain 
      Appointive Public Office...................................   108
    18 U.S.C. Sec. 592. Troops at Polls..........................   108
    18 U.S.C. Sec. 593. Interference by Armed Forces.............   108
    18 U.S.C. Sec. 594. Intimidation of Voters...................   109
    18 U.S.C. Sec. 595. Interference by Administrative Employees.   109
    18 U.S.C. Sec. 596. Polling Armed Forces.....................   110
    18 U.S.C. Sec. 597. Expenditures to Influence Voting.........   110
    18 U.S.C. Sec. 598. Coercion by Appropriations...............   110
    18 U.S.C. Sec. 599. Promise of Appointment by Candidate......   111
    18 U.S.C. Sec. 600. Promise of Employment or Other Benefit...   111
    18 U.S.C. Sec. 601. Deprivation of Employment or Other 
      Benefit....................................................   111
    18 U.S.C. Sec. 602. Solicitation of Political Contributions..   112
    18 U.S.C. Sec. 603. Making Political Contributions...........   113
    18 U.S.C. Sec. 604. Solicitation From Persons on Relief......   113
    18 U.S.C. Sec. 605. Disclosure of Names of Persons on Relief.   113
    18 U.S.C. Sec. 606. Intimidation to Secure Political 
      Contributions..............................................   114
    18 U.S.C. Sec. 607. Place of Solicitation....................   114
    18 U.S.C. Sec. 608. Absent Uniformed Services Voters and 
      Overseas Voters............................................   114
    18 U.S.C. Sec. 609. Use of Military Authority to Influence 
      Vote of Member of Armed Forces.............................   114
    18 U.S.C. Sec. 610. Coercion of Political Activity...........   115
I. Use of Franked Mail (Title 39, U.S. Code).....................   116
    39 U.S.C. Sec. 3201. Definitions.............................   116
    39 U.S.C. Sec. 3210. Franked Mail Transmitted by the Vice 
      President, Members of Congress, and Congressional Officials   116
    39 U.S.C. Sec. 3211. Public Documents........................   121
    39 U.S.C. Sec. 3212. Congressional Record Under Frank of 
      Members of Congress........................................   122
    39 U.S.C. Sec. 3213. Seeds and Reports From Department of 
      Agriculture................................................   122
    39 U.S.C. Sec. 3215. Lending or Permitting Use of Frank 
      Unlawful...................................................   122
    39 U.S.C. Sec. 3216. Reimbursement for Franked Mailings......   122
    39 U.S.C. Sec. 3218. Franked Mail for Survivors of Members of 
      Congress...................................................   124
    39 U.S.C. Sec. 3219. Mailgrams...............................   124
    2 U.S.C. Sec. 502. Select Committee on Ethics of the Senate..   124
    Regulations Governing Franked Mail (Senate Committee on Rules 
      and Administration)........................................   126
J. Communications Media (Title 47, U.S. Code)....................   139
    47 U.S.C. Sec. 312. Administrative Sanctions.................   139
    47 U.S.C. Sec. 315. Candidates for Public Office.............   139

 PART II. PERTINENT STANDING RULES OF THE SENATE RELATING TO THE 
                       ELECTION OF SENATORS

 A. Rule II, Presentation of Credentials and Questions of Privilege.143
 B. Rule III, Oaths.................................................144
 C. Rule XXXIV, Public Financial Disclosure.........................145
 D. Rule XXXV, Gifts................................................146
 E. Rule XXXVI, Outside Earned Income...............................152
 F. Rule XXXVII, Conflict of Interest...............................152
 G. Rule XXXVIII, Prohibition of Unofficial Office Accounts.........155
 H. Rule XXXIX, Foreign Travel......................................156
 I. Rule XL, Franking Privilege and Radio and Television Studios....157
 J. Rule XLI, Political Fund Activity; Definitions..................158
 K. Rule XLIII, Representation by Members...........................160
 L. S. Res. 28, Tape Duplication of Senate Proceedings..............160

PART III. STATE ELECTION LAWS RELATING TO CANDIDATES FOR THE U.S. 
                              SENATE

Alabama..........................................................   163
Alaska...........................................................   164
Arizona..........................................................   166
Arkansas.........................................................   167
California.......................................................   169
Colorado.........................................................   171
Connecticut......................................................   172
Delaware.........................................................   174
Florida..........................................................   175
Georgia..........................................................   177
Hawaii...........................................................   179
Idaho............................................................   181
Illinois.........................................................   182
Indiana..........................................................   183
Iowa.............................................................   184
Kansas...........................................................   185
Kentucky.........................................................   187
Louisiana........................................................   188
Maine............................................................   190
Maryland.........................................................   191
Massachusetts....................................................   193
Michigan.........................................................   194
Minnesota........................................................   196
Mississippi......................................................   197
Missouri.........................................................   198
Montana..........................................................   200
Nebraska.........................................................   201
Nevada...........................................................   203
New Hampshire....................................................   204
New Jersey.......................................................   205
New Mexico.......................................................   206
New York.........................................................   208
North Carolina...................................................   210
North Dakota.....................................................   211
Ohio.............................................................   212
Oklahoma.........................................................   214
Oregon...........................................................   215
Pennsylvania.....................................................   218
Rhode Island.....................................................   219
South Carolina...................................................   220
South Dakota.....................................................   222
Tennessee........................................................   222
Texas............................................................   224
Utah.............................................................   225
Vermont..........................................................   226
Virginia.........................................................   228
Washington.......................................................   229
West Virginia....................................................   232
Wisconsin........................................................   233
Wyoming..........................................................   235

     PART IV. CAMPAIGN ACTIVITIES BY CONGRESSIONAL EMPLOYEES

A. General Campaign Activities...................................   239
    1. Campaigning and Official Duties...........................   240
    2. False Claims, Fraud and Theft: Federal Criminal Law.......   247
    3. Running for Elective Office...............................   251
B. Campaign Funds and Finances...................................   253
    1. Political Contributions...................................   253
    2. Fundraising Dinners and Testimonials......................   257
    3. Campaign Fund Activity by Senate Employees................   258
    4. Campaign Activity in a Federal Building...................   260
C. Quick Reference List of Specific Campaign Prohibitions........   263
    1. General...................................................   263
    2. Soliciting or Receiving Campaign Contributions............   263
    3. Making Political Contributions............................   264

  PART V. SUMMARY OF THE EFFECT OF NEW ETHICS LAWS ON THE SENATE

A. Gifts.........................................................   267
B. Outside Earned Income and Honoraria...........................   269
C. Financial Interests: Conflicts and Disclosure.................   271
D. Post-employment, ``Revolving Door,'' Restrictions.............   272
E. Campaign Funds and Official Expenses..........................   273
F. Campaign Funds and Personal Use...............................   273

 PART VI. QUALIFICATIONS OF MEMBERS OF CONGRESS FOR ELIGIBILITY 
                            FOR OFFICE

 A. Introduction and Background.....................................277
 B. State Residence Requirements....................................279
 C. Definition of Inhabitancy.......................................280
 D. Holding Public Office and Eligibility for Congressional Office..282
 E. Subversive Activities and Eligibility for Congress..............283
 F. Felony Conviction and Eligibility for Congress..................284
 G. Eligibility of Congressional Candidates After Defeat in Primary 
    Election........................................................284
 H. State Requirements for Obtaining Ballot Access..................285
 I. Recall of Members of Congress...................................287
 J. Issue of Term Limitations of Members of Congress................289
                    IMPORTANT ELECTION DATES IN 1998

               A. General Election Date: November 3, 1998

      B. Congressional Primary Dates Chronologically *

------------------------------------------------------------------------
                    State            Primary date         Runoff date   
------------------------------------------------------------------------
   Texas                        Mar. 10             Apr. 14             
   Illinois                     Mar. 17             ..................  
   Indiana                      May 5               ..................  
   North Carolina               May 5               June 2              
   Ohio                         May 5               ..................  
   Nebraska                     May 12              ..................  
   West Virginia                May 12              ..................  
   Arkansas                     May 19              June 9              
   Oregon                       May 19              ..................  
   Pennsylvania                 May 19              ..................  
   Idaho                        May 26              ..................  
   Kentucky                     May 26              ..................  
   Alabama                      June 2              June 30             
   California                   June 2              ..................  
   Iowa                         June 2              ..................  
   Mississippi                  June 2              June 23             
   Montana                      June 2              ..................  
   New Jersey                   June 2              ..................  
   New Mexico                   June 2              ..................  
   South Dakota                 June 2              June 16             
   Maine                        June 9              ..................  
   North Dakota                 June 9              ..................  
   South Carolina               June 9              June 23             
   Virginia                     June 9              ..................  
   Utah                         June 23             ..................  
   Georgia                      July 21             Aug. 11             
   Kansas                       Aug. 4              ..................  
   Michigan                     Aug. 4              ..................  
   Missouri                     Aug. 4              ..................  
   Tennessee                    Aug. 6              ..................  
   Colorado                     Aug. 11             ..................  
   Wyoming                      Aug. 18             ..................  
   Alaska                       Aug. 25             ..................  
   Oklahoma                     Aug. 25             Sept. 15            
   Florida                      Sept. 1             Oct. 1              
   Nevada                       Sept. 1             ..................  
   Guam                         Sept. 5             ..................  
   Arizona                      Sept. 8             ..................  
   New Hampshire                Sept. 8             ..................  
   Vermont                      Sept. 8             ..................  
   Virgin Islands               Sept. 8             ..................  
   Wisconsin                    Sept. 8             ..................  
   Delaware                     Sept. 12            ..................  
   Connecticut                  Sept. 15            ..................  
   D.C                          Sept. 15            ..................  
   Maryland                     Sept. 15            ..................  
   Massachusetts                Sept. 15            ..................  
   Minnesota                    Sept. 15            ..................  
   New York                     Sept. 15            ..................  
   Rhode Island                 Sept. 15            ..................  
   Washington                   Sept. 15            ..................  
   Hawaii                       Sept. 19            ..................  
   Louisiana                    Oct. 3              Nov. 3              
   American Samoa               Nov. 3              Nov. 17             
------------------------------------------------------------------------
   * Source: Federal Election Commission. S indicates a U.S. Senate     
     election. Dates subject to change by the state legislatures.       


                                                                   C. 1998 Congressional Primary Dates and Filing Deadlines *                                                                   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                              Third/minor \1\ party      Independent \2\ filing 
                            State                       Primary date                 Runoff date            Filing deadline for primary        filing deadline for        deadline for general  
                                                                                                                   ballot access                general election                election        
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
   Alabama                                     June 2                      June 30                     Apr. 3                            July 6                      July 6                     
   Alaska                                      Aug. 25                     ..........................  June 1                            June 1                      June 1                     
   American Samoa                              Nov. 3                      Nov. 17                     Sept. 1                           Sept. 1                     Sept. 1                    
   Arizona                                     Sept. 8                     ..........................   June 25                           June 25                    June 25                    
   Arkansas                                    May 19                      June 9                      Mar. 31                           Aug. 3                      May 1                      
   California                                  June 2                      ..........................  Mar. 6                            Mar. 6                      Aug. 7                     
   Colorado                                    Aug. 11                     ..........................  June 8                            July 14                     July 14                    
   Connecticut                                 Sept. 15 \3\                ..........................  Aug. 12                           Aug. 12 Third               Aug. 12                    
                                               ..........................  ..........................  ................................  Sept. 9 Minor               .........................  
   Delaware                                    Sept. 12                    ..........................  July 31                           Sept. 1                     Sept. 1                    
   D.C                                         Sept. 15                    ..........................  July 8                             Aug. 26                    Aug. 26                    
   Florida                                     Sept. 1                     Oct. 1                      May 8 Noon                        July 13                     July 17                    
   Georgia                                     July 21                     Aug. 11                     May 1                             July 14 Noon                July 14 Noon               
   Guam                                        Sept. 5                     ..........................  July 7                            NA                          July 7                     
   Hawaii                                      Sept. 19                    ..........................  July 21                           July 21                     July 21                    
   Idaho                                       May 26                      ..........................  April 3                           April 3                     April 3                    
   Illinois                                    Mar. 17                     ..........................  Dec. 15, 1997                     Aug. 3                      Dec. 15, 1997              
   Indiana                                     May 5 \4\                   ..........................  Feb. 20 Noon                      Aug. 3 Noon                 Aug. 3 Noon                
   Iowa                                        June 2                      ..........................  Mar. 13                           Aug. 14                     Aug. 14                    
   Kansas                                      Aug. 4 \5\                  ..........................  June 10 Noon                      June 10 Noon                Aug. 3 Noon                
   Kentucky                                    May 26                      ..........................  Jan. 27                           Aug. 11                     Aug. 11                    
   Louisiana                                   Oct. 3                      Nov. 3                      Aug. 21                           Aug. 21                     Aug. 21                    
   Maine                                       June 9                      ..........................  Mar. 15 5 pm                      NA                          June 1 5 pm                
   Maryland                                    Sept. 15                    ..........................  July 6 9 pm                       Aug. 3 5 pm                 Aug 3 5 pm                 
   Massachusetts                               Sept. 15                    ..........................  June 2                            Aug. 25                     Aug 25                     
   Michigan                                    Aug. 4 \6\                  ..........................  May 12 4 pm                       Aug. 4                      July 16 4 pm               
   Minnesota                                   Sept. 15                    ..........................  July 21                           July 21                     July 21                    
   Mississippi                                 June 2                      June 23                     Mar. 1                            Mar. 1                      Mar. 1                     
   Missouri                                    Aug. 4                      ..........................  Mar. 31 5 pm                      July 27 5 pm                July 27 5 pm               
   Montana                                     June 2                      ..........................  Mar. 19                           Mar. 19 Third               June 1                     
                                               ..........................  ..........................  ................................  June 1 Minor                .........................  
   Nebraska                                    May 12                      ..........................  Feb. 15 Incumbents                Sept. 1                     Sept. 1                    
                                               ..........................  ..........................  Mar. 1 All Others                 ..........................  .........................  
   Nevada                                      Sept. 1 \7\                 ..........................  May 18                            June 26                     Aug. 17 5 pm               
   New Hampshire                               Sept. 8                     ..........................  June 12                           Sept. 2                     Sept. 2                    
   New Jersey                                  June 2                      ..........................  Apr. 9                            NA                          Apr. 9                     
   New Mexico                                  June 2                      ..........................  Mar. 25                           July 14 Minor               July 14                    
   New York                                    Sept. 15                    ..........................  July 16                           July 16                     Aug. 18                    
   North Carolina                              May 5                       June 2                      Feb. 2                            NA                          June 26                    
   North Dakota                                June 9                      ..........................  Apr. 10                           Apr. 10                     Sept. 4                    
   Ohio                                        May 5                       ..........................  Feb. 19                           NA                          May 9                      
   Oklahoma                                    Aug. 25                     Sept. 15                    July 8 5 pm                       NA                          July 8 5 pm                
   Oregon                                      May 19                      ..........................  Mar. 10                           Aug. 25                     Aug. 25                    
   Pennsylvania                                May 19                      ..........................  Mar. 10                           Aug. 3                      Aug. 3                     
   Puerto Rico                                 NA \8\                      ..........................  NA                                NA                          NA                         
   Rhode Island                                Sept. 15                    ..........................  June 24                           NA                          June 24                    
   South Carolina                              June 9 \9\                  June 23                     Mar. 30 Noon                      NA                          Aug. 1                     
   South Dakota                                June 2                      June 16                     Apr. 7                            NA                          Aug. 4                     
   Tennessee                                   Aug. 6                      ..........................  May 21 Noon                       NA                          May 21                     
   Texas                                       Mar. 10 \10\                Apr. 14                     Jan. 2                            May 26                      May 14                     
   Utah                                        June 23 \11\                ..........................  Mar. 17                           Mar. 17                     Mar. 17                    
   Vermont                                     Sept. 8                     ..........................  July 20                           Sept. 17                    Sept. 17                   
   Virginia                                    June 9 \12\                 ..........................  Apr. 10                           June 9                      June 9                     
   Virgin Islands                              Sept. 8                     ..........................  Aug. 11                           Aug. 11                     Aug. 11                    
   Washington                                  Sept. 15                    ..........................  July 31                           July 10                     July 10                    
   West Virginia                               May 12 \13\                 ..........................  Feb. 7                            May 11                      May 11                     
   Wisconsin                                   Sept. 8                     ..........................  July 14                           July 14                     July 14                    
   Wyoming                                     Aug. 18                     ..........................  June 5                            Aug. 17                     Aug. 25                    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
   * Source: Federal Election Commission. S indicates a U.S. Senate election. Dates subject to change by the state legislatures.                                                                
   \1\ The column Third/Minor Party Filing Deadline shows the date for the filing of petitions by third/minor party candidates in applicable states. This is a general reference date for use by
     the public and voters. Candidates and others seeking specific information should contact the states for other deadlines that may need to be met. For example, the petitions may have to be 
     checked by officials prior to this date. A declaration of candidacy may be due before the petitions are due. New parties may have different deadlines.                                     
   \2\ The column Independent Filing Deadline shows the date for the filing of petitions by independent candidates. This is a general reference date for use by the public and voters.          
     Candidates and others seeking specific information should contact the states for other deadlines that may need to be met. For example, the petitions may have to be checked by officials   
     prior to this date. A declaration of candidacy may be due before the petitions are due.                                                                                                    
   \3\ Nominating conventions are held by the state parties prior to the primary. The Democratic convention for U.S. Senate is tentatively scheduled for July 17, 1998. The Republican          
     convention for U.S. Senate is tentatively scheduled for July 24, 1998. All other convention dates are pending.                                                                             
   \4\ The Libertarian Party will nominate by convention to be held on April 18, 1998.                                                                                                          
   \5\ Convention dates for the Libertarian and Reform parties are pending.                                                                                                                     
   \6\ The Libertarian convention is scheduled for April 3-5, 1998.                                                                                                                             
   \7\ Convention dates for the Independent American, Green, Libertarian, Natural Law and Reform parties are pending.                                                                           
   \8\ The election for Resident Commissioner to the U.S. House of Representatives in Puerto Rico is held every four years, coinciding with the Presidential election.                          
   \9\ Convention dates for the Libertarian, Natural Law, Patriot, Reform and U.S. Taxpayers parties are pending.                                                                               
   \10\ The Libertarian Party will nominate by conventions to be held on March 14, 1998, for single and partial county districts, and March 21, 1998, for multi-county districts.               
   \11\ Nominating conventions are held by the state parties prior to the primary. The Democratic convention is May 2, 1998, and the Republican convention is May 9, 1998. Convention dates for 
     the Independent American, Independent, Libertarian and Reform parties are pending.                                                                                                         
   \12\ Political parties may choose to nominate candidates by convention rather than by primary. Notification of adoption of a primary must be made to the State Board of Elections in 1998 by 
     March 11, 1998.                                                                                                                                                                            
   \13\ The Libertarian Party will nominate by convention to be held on May 9, 1998.                                                                                                            

            FEC REPORTING DATES FOR CONGRESSIONAL CANDIDATES

                       PRE-ELECTION REPORTING DATES FOR 1998 PRIMARY AND RUNOFF ELECTIONS                       
----------------------------------------------------------------------------------------------------------------
                                                                             Registered or                      
       State or territory            Election day     Close of books \1\   certified mailing    Filing date \2\ 
                                                                               date \2\                         
----------------------------------------------------------------------------------------------------------------
* Alabama.......................  June 2              May 13              May 18              May 21.           
* Alaska........................  Aug. 25             Aug. 5              Aug. 10             Aug. 13.          
American Samoa..................  Nov. 3              Oct. 14             Oct. 19             Oct. 22.          
    Runoff......................  Nov. 17             Oct. 28             Nov. 5 \3\          Nov. 5.           
* Arizona.......................  Sept. 8             Aug. 19             Aug. 24             Aug. 27           
* Arkansas......................  May 19              Apr. 29             May 4               May 7.            
    Runoff......................  June 9              May 20              May 25 \4\          May 28.           
* California....................  June 2              May 13              May 18              May 21.           
* Colorado......................  Aug. 11             July 22             July 27             July 30.          
* Connecticut...................  Sept. 15            Aug. 26             Aug. 31             Sept. 3.          
Delaware........................  Sept. 12            Aug. 23             Aug. 28             Aug. 31.          
District of Columbia............  Sept. 15            Aug. 26             Aug. 31             Sept. 3.          
* Florida.......................  Sept. 1             Aug. 12             Aug. 17             Aug. 20.          
    Runoff......................  Oct. 1              Sept. 11            Sept. 16            Sept. 19 \5\.     
* Georgia.......................  July 21             July 1              July 6              July 9.\6\        
    Runoff......................  Aug. 11             July 22             July 27             July 30.          
Guam............................  Sept. 5             Aug. 16             Aug. 21             Aug. 24.          
* Hawaii........................  Sept. 19            Sept. 30            Sept. 4             Sept. 7 \4\.      
* Idaho.........................  May 26              May 6               May 11              May 14.           
* Illinois......................  Mar. 17             Feb. 25             Mar. 2              Mar. 5.           
* Indiana.......................  May 5               Apr. 15             Apr. 20             Apr. 23.          
* Iowa..........................  June 2              May 13              May 18              May 21.           
* Kansas........................  Aug. 4              July 15             July 20             July 23.          
* Kentucky......................  May 26              May 6               May 11              May 14.           
* Louisiana.....................  Oct. 3              Sept. 13            Sept. 18            Sept. 21.         
    Runoff......................  Nov. 3              Oct. 14             Oct. 19             Oct. 22.          
Maine...........................  June 9              May 20              May 25 \4\          May 28.           
* Maryland......................  Sept. 15            Aug. 26             Aug. 31             Sept. 3.          
Massachusetts...................  Sept. 15            Aug. 26             Aug. 31             Sept. 3.          
Michigan........................  Aug. 4              July 15             July 20             July 23.          
Minnesota.......................  Sept. 15            Aug. 26             Aug. 31             Sept. 3.          
Mississippi.....................  June 2              May 13              May 18              May 21.           
    Runoff......................  June 23             June 3              June 8              June 11.          
* Missouri......................  Aug. 4              July 15             July 20             July 23.          
Montana.........................  June 2              May 13              May 18              May 21.           
Nebraska........................  May 12              Apr. 22             Apr. 27             Apr. 30.          
* Nevada........................  Sept. 1             Aug. 12             Aug. 17             Aug. 20.          
* New Hampshire.................  Sept. 8             Aug. 19             Aug. 24             Aug. 27.          
New Jersey......................  June 2              May 13              May 18              May 21.           
New Mexico......................  June 2              May 13              May 18              May 21.           
* New York......................  Sept. 15            Aug. 26             Aug. 31             Sept. 3.          
* North Carolina................  May 5               Apr. 15             Apr. 20             Apr. 23.          
    Runoff......................  June 2              May 13              May 18              May 21.           
* North Dakota..................  June 9              May 20              May 25 \4\          May 28.           
* Ohio..........................  May 5               Apr. 15             Apr. 20             Apr. 23.          
* Oklahoma......................  Aug. 25             Aug. 5              Aug. 10             Aug. 13.          
    Runoff......................  Sept. 15            Aug. 26             Aug. 31             Sept. 3.          
* Oregon........................  May 19              Apr. 29             May 4               May 7.            
* Pennsylvania..................  May 19              Apr. 29             May 4               May 7.            
Rhode Island....................  Sept. 15            Aug. 26             Aug. 31             Sept. 3.          
* South Carolina................  June 9              May 20              May 25 \4\          May 28.           
    Runoff......................  June 23             June 3              June 11 \3\         June 11.          
* South Dakota..................  June 2              May 13              May 18              May 21.           
    Runoff......................  June 16             May 27              June 4 \3\          June 4.           
Tennessee.......................  Aug. 6              July 17             July 22             July 25. \5\      
Texas...........................  Mar. 10             Feb. 18             Feb. 23             Feb. 26.          
    Runoff......................  Apr. 14             Mar. 25             Mar. 30             Apr. 2.           
* Utah..........................  June 23             June 3              June 8              June 11.          
* Vermont.......................  Sept. 8             Aug. 19             Aug. 24             Aug. 27.          
Virginia........................  June 9              May 20              May 25 \4\          May 28.           
Virgin Islands..................  Sept. 8             Aug. 19             Aug. 24             Aug. 27.          
* Washington....................  Sept. 15            Aug. 26             Aug. 31             Sept. 3.          
West Virginia...................  May 12              Apr. 22             Apr. 27             Apr. 30.          
* Wisconsin.....................  Sept. 8             Aug. 19             Aug. 24             Aug. 27.          
Wyoming.........................  Aug. 18             July 29             Aug. 3              Aug. 6.           
----------------------------------------------------------------------------------------------------------------
* States holding 1996 Senate elections.                                                                         
\1\ This date indicates the end of the reporting period. A reporting period always begins the day after the     
  closing date of the last report filed. If the committee is new and has not previously filed a report, the     
  first report must cover all activity that occurred before the committee registered and, if applicable, before 
  the individual became a candidate.                                                                            
\2\ Reports sent by registered or certified mail must be postmarked by the mailing date. Otherwise, they must be
  received by the filing date.                                                                                  
\3\ The mailing date is the same as the filing date because the computed mail date would fall one day before the
  primary was held.                                                                                             
\4\ Federal holiday. For registered/certified mailing date, the report should be postmarked before that date.   
  For filing date, the report should be received by the FEC the day before (or, in the case of Labor Day and    
  Memorial Day, the Friday before).                                                                             
\5\ Saturday or Sunday. Because filing dates are not extended when they fall on nonworking days, the report     
  should be received by the appropriate filing offices the Friday before.                                       
\6\ The July Quarterly report is waived for committees filing the Georgia pre-primary report. See 11 CFR        
  104.5(a)(1)(iii)(C) and (c)(1)(i)(C).                                                                         

                        The United States Senate

                       One Hundred Fifth Congress

                    ALBERT GORE, Jr., Vice President

                 STROM THURMOND, President Pro Tempore

                         GARY SISCO, Secretary

                   GREGORY S. CASEY, Sergeant at Arms

            ELIZABETH B. GREENE, Secretary for the Majority

              MARTIN P. PAONE, Secretary for the Minority

                     DR. LLOYD J. OGILVIE, Chaplain

                                   [Republicans in roman; Democrats in italic]                                  
----------------------------------------------------------------------------------------------------------------
              Name                            Residence                   Service from           Term expires   
----------------------------------------------------------------------------------------------------------------
Spencer Abraham.................  Auburn Hills, MI................  Jan. 3, 1995             Jan. 3, 2001       
Daniel K. Akaka.................  Honolulu, HI....................  May 16, 1990             Jan. 3, 2001       
Wayne, Allard...................  Loveland, CO....................  Jan. 3, 1997             Jan. 3, 2003       
John Ashcroft...................  Ballwin, MO.....................  Jan. 3, 1995             Jan. 3, 2001       
Max Baucus......................  Missoula, MT....................  Dec. 15, 1978            Jan. 3, 2003       
Robert F. Bennett...............  Salt Lake City, UT..............  Jan. 5, 1993             Jan. 3, 1999       
Joseph R. Biden, Jr.............  Hockessin, DE...................  Jan. 3, 1973             Jan. 3, 2003       
Jeff Bingaman...................  Santa Fe, NM....................  Jan. 3, 1983             Jan. 3, 2001       
Christopher S. Bond.............  Mexico, MO......................  Jan. 3, 1987             Jan. 3, 1999       
Barbara Boxer...................  Greenbrae, CA...................  Jan. 5, 1993             Jan. 3, 1999       
John B. Breaux..................  Crowley, LA.....................  Jan. 3, 1987             Jan. 3, 1999       
Sam Brownback \1\...............  Topeka, KS......................  Jan. 3, 1997             Jan. 3, 1999       
Richard H. Bryan................  Las Vegas, NV...................  Jan. 3, 1989             Jan. 3, 2001       
Dale Bumpers....................  Charleston, AR..................  Jan. 3, 1975             Jan. 3, 1999       
Conrad R. Burns.................  Billings, MT....................  Jan. 3, 1989             Jan. 3, 2001       
Robert C. Byrd..................  Sophia, WV......................  Jan. 3, 1959             Jan. 3, 2001       
Ben Nighthorse Campbell.........  Ignacio, CO.....................  Jan. 5, 1993             Jan. 3, 1999       
John H. Chafee..................  Warwick, RI.....................  Dec. 29, 1976            Jan. 3, 2001       
Max Cleland.....................  Lithonia, GA....................  Jan. 3, 1997             Jan. 3, 2003       
Dan Coats.......................  Fort Wayne, IN..................  Jan. 3, 1989             Jan. 3, 1999       
Thad Cochran....................  Jackson, MS.....................  Dec. 27, 1978            Jan. 3, 2003       
Susan Collins...................  Bangor, ME......................  Jan. 3, 1997             Jan. 3, 2003       
Kent Conrad.....................  Bismarck, ND....................  Jan. 3, 1987             Jan. 3, 2001       
Paul Coverdell..................  Atlanta, GA.....................  Jan. 5, 1993             Jan. 3, 1999       
Larry E. Craig..................  Boise, ID.......................  Jan. 3, 1991             Jan. 3, 2003       
Alfonse M. D'Amato..............  Island Park, NY.................  Jan. 3, 1981             Jan. 3, 1999       
Thomas A. Daschle...............  Aberdeen, SD....................  Jan. 3, 1987             Jan. 3, 1999       
Mike DeWine.....................  Cedarville, OH..................  Jan. 3, 1995             Jan. 3, 2001       
Christopher J. Dodd.............  Norwich, CT.....................  Jan. 3, 1981             Jan. 3, 1999       
Pete V. Domenici................  Albuquerque, NM.................  Jan. 3, 1973             Jan. 3, 2003       
Byron L. Dorgan.................  Bismarck, ND....................  Jan. 5, 1993             Jan. 3, 1999       
Richard Durbin..................  Springfield, IL.................  Jan. 3, 1997             Jan. 3, 2003       
Michael B. Enzi.................  Gillette, WY....................  Jan. 3, 1997             Jan. 3, 2003       
Lauch Faircloth.................  Clinton, NC.....................  Jan. 5, 1993             Jan. 3, 1999       
Russell D. Feingold.............  Middleton, WI...................  Jan. 5, 1993             Jan. 3, 1999       
Dianne Feinstein................  San Francisco, CA...............  Nov. 10, 1992            Jan. 3, 2001       
Wendell H. Ford.................  Owensboro, KY...................  Dec. 28, 1974            Jan. 3, 1999       
William H. Frist................  Nashville, TN...................  Jan. 3, 1995             Jan. 3, 2001       
John Glenn......................  Columbus, OH....................  Dec. 24, 1974            Jan. 3, 1999       
Slade Gorton....................  Seattle, WA.....................  Jan. 3, 1981             Jan. 3, 2001       
Bob Graham......................  Miami Lakes, FL.................  Jan. 3, 1987             Jan. 3, 1999       
Phil Gramm......................  College Station, TX.............  Jan. 3, 1985             Jan. 3, 2003       
Rod Grams.......................  Ramsey, MN......................  Jan. 3, 1995             Jan. 3, 2001       
Charles E. Grassley.............  New Hartford, IA................  Jan. 3, 1981             Jan. 3, 1999       
Judd Gregg......................  Greenfield, NH..................  Jan. 5, 1993             Jan. 3, 1999       
Chuck Hagel.....................  Omaha, NE.......................  Jan. 3, 1997             Jan. 3, 2003       
Tom Harkin......................  Cumming, IA.....................  Jan. 3, 1985             Jan. 3, 2003       
Orrin G. Hatch..................  Salt Lake City, UT..............  Jan. 3, 1977             Jan. 3, 2001       
Jesse Helms.....................  Raleigh, NC.....................  Jan. 3, 1973             Jan. 3, 2003       
Ernest F. Hollings..............  Charleston, SC..................  Nov. 9, 1966             Jan. 3, 1999       
Tim Hutchinson..................  Bentonville, AR.................  Jan. 3, 1997             Jan. 3, 2003       
Kay Bailey Hutchison............  Dallas, TX......................  June 14, 1993            Jan. 3, 2001       
James M. Inhofe.................  Tulsa, OK.......................  Nov. 16, 1994            Jan. 3, 2003       
Daniel K. Inouye................  Honolulu, HI....................  Jan. 3, 1963             Jan. 3, 1999       
James M. Jeffords...............  Shrewsbury, VT..................  Jan. 3, 1989             Jan. 3, 2001       
Tim Johnson.....................  Vermillion, SD..................  Jan. 3, 1997             Jan. 3, 2003       
Dirk Kempthorne.................  Boise, ID.......................  Jan. 5, 1993             Jan. 3, 1999       
Edward M. Kennedy...............  Boston, MA......................  Nov. 7, 1962             Jan. 3, 2001       
J. Robert Kerrey................  Omaha, NE.......................  Jan. 3, 1989             Jan. 3, 2001       
John F. Kerry...................  Boston, MA......................  Jan. 2, 1985             Jan. 3, 2003       
Herbert Kohl....................  Milwaukee, WI...................  Jan. 3, 1989             Jan. 3, 2001       
Jon Kyl.........................  Phoenix, AZ.....................  Jan. 3, 1995             Jan. 3, 2001       
Mary L. Landrieu................  New Orleans, LA.................  Jan. 3, 1997             Jan. 3, 2003       
Frank R. Lautenberg.............  Montclair, NJ...................  Dec. 27, 1982            Jan. 3, 2001       
Patrick J. Leahy................  Burlington, VT..................  Jan. 3, 1975             Jan. 3, 1999       
Carl Levin......................  Detroit, MI.....................  Jan. 3, 1979             Jan. 3, 2003       
Joseph I. Lieberman.............  New Haven, CT...................  Jan. 3, 1989             Jan. 3, 2001       
Trent Lott......................  Pascagoula, MS..................  Jan. 3, 1989             Jan. 3, 2001       
Richard G. Lugar................  Indianapolis, IN................  Jan. 3, 1977             Jan. 3, 2001       
Connie Mack.....................  Cape Coral, FL..................  Jan. 3, 1989             Jan. 3, 2001       
John S. McCain..................  Phoenix, AZ.....................  Jan. 3, 1987             Jan. 3, 1999       
Mitch McConnell.................  Louisville, KY..................  Jan. 3, 1985             Jan. 3, 2003       
Barbara A. Mikulski.............  Baltimore, MD...................  Jan. 3, 1987             Jan. 3, 1999       
Carol Moseley-Braun.............  Chicago, IL.....................  Jan. 5, 1993             Jan. 3, 1999       
Daniel Patrick Moynihan.........  Oneonta, NY.....................  Jan. 3, 1977             Jan. 3, 2001       
Frank H. Murkowski..............  Fairbanks, AK...................  Jan. 3, 1981             Jan. 3, 1999       
Patty Murray....................  Seattle, WA.....................  Jan. 5, 1993             Jan. 3, 1999       
Don Nickles.....................  Ponca City, OK..................  Jan. 3, 1981             Jan. 3, 1999       
Jack Reed.......................  Cranston, RI....................  Jan. 3, 1997             Jan. 3, 2003       
Harry Reid......................  Las Vegas, NV...................  Jan. 3, 1987             Jan. 3, 1999       
Charles S. Robb.................  McLean, VA......................  Jan. 3, 1989             Jan. 3, 2001       
Pat Roberts.....................  Dodge City, KS..................  Jan. 3, 1997             Jan. 3, 2003       
John D. Rockefeller IV..........  Charleston, WV..................  Jan. 15, 1985            Jan. 3, 2003       
William V. Roth, Jr.............  Wilmington, DE..................  Jan. 1, 1971             Jan. 3, 2001       
Rick Santorum...................  Pittsburgh, PA..................  Jan. 3, 1995             Jan. 3, 2001       
Paul S. Sarbanes................  Baltimore, MD...................  Jan. 3, 1977             Jan. 3, 2001       
Jeff Sessions...................  Montgomery, AL..................  Jan. 3, 1997             Jan. 3, 2003       
Richard C. Shelby...............  Tuscaloosa, AL..................  Jan. 3, 1987             Jan. 3, 1999       
Bob Smith.......................  Tuftonboro, NH..................  Dec. 7, 1990             Jan. 3, 2003       
Gordon H. Smith.................  Pendleton, OR...................  Jan. 3, 1997             Jan. 3, 2003       
Olympia J. Snowe................  Auburn, ME......................  Jan. 3, 1995             Jan. 3, 2001       
Arlen Specter...................  Philadelphia, PA................  Jan. 3, 1981             Jan. 3, 1999       
Ted Stevens.....................  Anchorage, AK...................  Dec. 24, 1968            Jan. 3, 2003       
Craig Thomas....................  Casper, WY......................  Jan. 3, 1995             Jan. 3, 2001       
Fred Thompson...................  Nashville, TN...................  Dec. 2, 1994             Jan. 3, 2003       
Strom Thurmond..................  Aiken, SC.......................  Nov. 7, 1956             Jan. 3, 2003       
Robert Torricelli...............  Englewood, NJ...................  Jan. 3, 1997             Jan. 3, 2003       
John W. Warner..................  Middleburg, VA..................  Jan. 2, 1979             Jan. 3, 2003       
Paul D. Wellstone...............  Northfield, MN..................  Jan. 3, 1991             Jan. 3, 2003       
Ron Wyden \2\...................  Portland, OR....................  Feb. 6, 1996             Jan. 3, 1999       
----------------------------------------------------------------------------------------------------------------
\1\ Elected Nov. 5, 1996 to fill unexpired term.                                                                
\2\ Elected Jan. 30, 1996 to fill unexpired term.                                                               

               SENATORS IN THE ONE HUNDRED FOURTH CONGRESS

                                  1999

                                  class 3

Democrats (18):
    Boxer, Barbara.........................................Greenbrae, CA
    Breaux, John B...........................................Crowley, LA
    Bumpers, Dale.........................................Charleston, AR
    Daschle, Thomas A.......................................Aberdeen, SD
    Dodd, Christopher J......................................Norwich, CT
    Dorgan, Byron L.........................................Bismarck, ND
    Feingold, Russell D....................................Middleton, WI
    Ford, Wendell H........................................Owensboro, KY
    Glenn, John.............................................Columbus, OH
    Graham, Bob..........................................Miami Lakes, FL
    Hollings, Ernest F....................................Charleston, SC
    Inouye, Daniel K........................................Honolulu, HI
    Leahy, Patrick J......................................Burlington, VT
    Mikulski, Barbara A....................................Baltimore, MD
    Moseley-Braun, Carol.....................................Chicago, IL
    Murray, Patty............................................Seattle, WA
    Reid, Harry............................................Las Vegas, NV
    Wyden, Ron \2\..........................................Portland, OR
Republicans (16):
    Bennett, Robert F.................................Salt Lake City, UT
    Bond, Christopher S.......................................Mexico, MO
    Brownback, Sam \1\........................................Topeka, KS
    Campbell, Ben Nighthorse.................................Ignacio, CO
    Coats, Dan............................................Fort Wayne, IN
    Coverdell, Paul..........................................Atlanta, GA
    D'Amato, Alfonse M...................................Island Park, NY
    Faircloth, Lauch.........................................Clinton, NC
    Grassley, Charles E.................................New Hartford, IA
    Gregg, Judd...........................................Greenfield, NH
    Kempthorne, Dirk...........................................Boise, ID
    McCain, John S...........................................Phoenix, AZ
    Murkowski, Frank H.....................................Fairbanks, AK
    Nickles, Don..........................................Ponca City, OK
    Shelby, Richard C.....................................Tuscaloosa, AL
    Specter, Arlen......................................Philadelphia, PA

                                  2001

                                  class 1

Democrats (14):
    Akaka, Daniel K.........................................Honolulu, HI
    Bingaman, Jeff..........................................Santa Fe, NM
    Bryan, Richard H.......................................Las Vegas, NV
    Byrd, Robert C............................................Sophia, WV
    Conrad, Kent............................................Bismarck, ND
    Feinstein, Dianne..................................San Francisco, CA
    Kennedy, Edward M.........................................Boston, MA
    Kerrey, J. Robert..........................................Omaha, NE
    Kohl, Herbert..........................................Milwaukee, WI
    Lautenberg, Frank R....................................Montclair, NJ
    Lieberman, Joseph I....................................New Haven, CT
    Moynihan, Daniel Patrick.................................Oneonta, NY
    Robb, Charles S...........................................McLean, VA
    Sarbanes, Paul S.......................................Baltimore, MD
Republicans (19):
    Abraham, Spencer....................................Auburn Hills, MI
    Ashcroft, John...........................................Ballwin, MO
    Burns, Conrad R.........................................Billings, MT
    Chafee, John H...........................................Warwick, RI
    DeWine, Mike..........................................Cedarville, OH
    Frist, William H.......................................Nashville, TN
    Gorton, Slade............................................Seattle, WA
    Rod Grams.................................................Ramsey, MN
    Hatch, Orrin G....................................Salt Lake City, UT
    Hutchison, Kay Bailey.....................................Dallas, TX
    Jeffords, James M.....................................Shrewsbury, VT
    Kyl, Jon.................................................Phoenix, AZ
    Lott, Trent...........................................Pascagoula, MS
    Lugar, Richard G....................................Indianapolis, IN
    Mack, Connie..........................................Cape Coral, FL
    Roth, William V., Jr..................................Wilmington, DE
    Santorum, Rick........................................Pittsburgh, PA
    Snowe, Olympia, J.........................................Auburn, ME
    Thomas, Craig.............................................Casper, WY

                                  2003

                                  class 2

Democrats (13):
    Baucus, Max.............................................Missoula, MT
    Biden, Joseph R., Jr...................................Hockessin, DE
    Cleland, Max............................................Lithonia, GA
    Durbin, Richard......................................Springfield, IL
    Harkin, Tom..............................................Cumming, IA
    Johnson, Tim..........................................Vermillion, SD
    Kerry, John F.............................................Boston, MA
    Landrieu, Mary L.....................................New Orleans, LA
    Levin, Carl..............................................Detroit, MI
    Reed, Jack..............................................Cranston, RI
    Rockefeller, John D., IV..............................Charleston, WV
    Torricelli, Robert.....................................Englewood, NJ
    Wellstone, Paul.......................................Northfield, MN
Republicans (20):
    Allard, Wayne...........................................Loveland, CO
    Cochran, Thad............................................Jackson, MS
    Collins, Susan M..........................................Bangor, ME
    Craig, Larry E.............................................Boise, ID
    Domenici, Pete V.....................................Albuquerque, NM
    Enzi, Michael B.........................................Gillette, WY
    Gramm, Phil......................................College Station, TX
    Hagel, Chuck...............................................Omaha, NE
    Helms, Jesse.............................................Raleigh, NC
    Hutchinson, Tim......................................Bentonville, AR
    Inhofe James M.............................................Tulsa, OK
    McConnell, Mitch......................................Louisville, KY
    Roberts, Pat..........................................Dodge City, KS
    Sessions, Jeff........................................Montgomery, AL
    Smith, Bob............................................Tuftonboro, NH
    Smith, Gordon H........................................Pendleton, OR
    Stevens, Ted...........................................Anchorage, AK
    Thompson, Fred \1\.....................................Nashville, TN
    Thurmond, Strom............................................Aiken, SC
    Warner, John W........................................Middleburg, VA

                                 democrats

1999..............................................................    18
2001..............................................................    14
2003..............................................................    13
                        -----------------------------------------------------------------
                        ________________________________________________
  Total...........................................................    45

                                republicans

1999..............................................................    16
2001..............................................................    19
2003..............................................................    20
                        -----------------------------------------------------------------
                        ________________________________________________
  Total...........................................................    55

                                  totals

Republicans.......................................................    55
Democrats.........................................................    45
                        -----------------------------------------------------------------
                        ________________________________________________
  Total...........................................................   100

\1\ Elected Nov. 5, 1996 to fill unexpired term.
\2\ Elected Jan. 30, 1996 to fill unexpired term.
=======================================================================


                                 PART I

   CONSTITUTIONAL AND FEDERAL STATUTORY PROVISIONS AND OTHER RELATED 
  MATERIALS REGULATING THE NOMINATIONS AND ELECTIONS OF UNITED STATES 
                                SENATORS

=======================================================================

      
   A. FEDERAL CONSTITUTIONAL PROVISIONS RELATING TO THE ELECTIONS OF 
                                SENATORS

Composition of Senate

    The Senate of the United States shall be composed of two 
Senators from each State, elected by the people thereof, for 
six years; and each Senator shall have one vote. The electors 
in each State shall have the qualifications requisite for 
electors of the most numerous branch of the State legislatures. 
(Amendment XVII.)

Vacancies

    When vacancies happen in the representation of any State in 
the Senate, the executive authority of such State shall issue 
writs of election to fill such vacancies: Provided, That the 
legislature of any State may empower the executive thereof to 
make temporary appointments until the people fill the vacancies 
by election as the legislature may direct. (Amendment XVII, cl. 
2.)

Qualifications

    No person shall be a Senator who shall not have attained to 
the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an 
inhabitant of that State for which he shall be chosen. (Art. 1, 
Sec. 3, cl. 3.)
    No person shall be a Senator or Representative in Congress, 
. . . who, having previously taken an oath, as a member of 
Congress, or as an officer of the United States, or as a member 
of any State legislature, or as an executive or judicial of any 
state, to support the Constitution of the United States, shall 
have engaged in insurrection or rebellion against the same, or 
given aid or comfort to the enemies thereof. But Congress may, 
by a vote of two-thirds of each House, remove such disability. 
(Amendment XIV, Sec. 3.)

Conduct of Elections

    The times, places, and manner of holding elections for 
Senators and Representatives, shall be prescribed in each State 
by the legislature thereof; but the Congress may at any time by 
law make or alter such regulations, except as to the places of 
choosing Senators. (Art. 1, Sec. 4, cl. 1.)
    Each House shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of each 
shall constitute a quorum to do business. (Art. 1, Sec. 5, cl. 
1.)

Dual Office Holding

    No Senator or Representative, shall, during the time for 
which he was elected, be appointed to any civil office under 
the authority of the United States, which shall have been 
created, or the emoluments whereof shall have been increased 
during such time; and no person holding any office under the 
United States, shall be a Member of either House during his 
continuance in office. (Art. 1, Sec. 6, cl. 2.)
    No Senator or Representative, . . . shall be appointed an 
Elector. (Art. 2, Sec. 1, cl. 2.)
    The terms of the President and Vice President shall end at 
noon on the 20th day of January, and the terms of Senators and 
Representatives at noon on the 3d day of January, of the years 
in which such terms would have ended if this article had not 
been ratified; and the terms of their successors shall then 
begin. (Amendment XX, Sec. 1.)

Ban on Poll Tax

    The right of citizens of the United States to vote in any 
primary or other election for President or Vice President, for 
electors for President or Vice President, or for Senator or 
Representative in Congress shall not be denied or abridged by 
the United States or any State by reason of failure to pay any 
poll tax or other tax. (Amendment XXIV, Sec. 1.)

Eighteen Year Old Vote

    The right of citizens of the United States, who are 
eighteen years of age or older, to vote shall not be denied or 
abridged by the United States or by any State on account of 
age. (Amendment XXVI, Sec. 1.)

Pay of Senators

    No law, varying the compensation for the services of the 
Senators and Representatives, shall take effect, until an 
election of Representatives shall have intervened. (Amendment 
XXVII.)
B. SELECTED LAWS RELATING TO THE ELECTIONS OF SENATORS (TITLE 2, UNITED 
                              STATES CODE)

                              ----------                              


          CHAPTER 1--ELECTION OF SENATORS AND REPRESENTATIVES

2 U.S.C. Sec. 1. Time for Election of Senators

    At the regular election held in any State next preceding 
the expiration of the term for which any Senator was elected to 
represent such State in Congress, at which election a 
Representative to Congress is regularly by law to be chosen, a 
United States Senator from said State shall be elected by the 
people thereof for the term commencing on the 3d day of January 
next thereafter.
June 4, 1914, ch. 103, Sec. 1, 38 Stat. 384; June 5, 1934, ch. 
            390, Sec. 3, 48 Stat. 879.

2 U.S.C. Sec. 1a. Election To Be Certified by Governor

    It shall be the duty of the executive of the State from 
which any Senator has been chosen to certify his election, 
under the seal of the State, to the President of the Senate of 
the United States.
R.S. Sec. 18. See form suggested by Senate Rule II, infra.

2 U.S.C. Sec. 1b. Countersignature of Certificate of Election

    The certificate mentioned in section 1a of this title shall 
be countersigned by the Secretary of State of the State.
R.S. Sec. 19.

2 U.S.C. Sec. 7. Time of Election

    The Tuesday next after the 1st Monday in November, in every 
even numbered year, is established as the day for the election, 
in each of the States and Territories of the United States, of 
Representatives and Delegates to the Congress commencing on the 
3d day of January, next thereafter.
R.S. Sec. 25; Mar. 3, 1875, ch. 130, Sec. 6, 18 Stat. 400; June 
            5, 1934, ch. 390, Sec. 2, 48 Stat. 879.

2 U.S.C. Sec. 8. Vacancies

    The time for holding elections in any State, district, or 
territory for a Representative or Delegate to fill a vacancy, 
whether such vacancy is caused by a failure to elect at the 
time prescribed by law, or by the death, resignation, or 
incapacity of a person elected, may be prescribed by the laws 
of the several States and territories respectively.
R.S. Sec. 26.

          CHAPTER 2--ORGANIZATION OF CONGRESS (OATH OF OFFICE)

2 U.S.C. Sec. 21. Oath of Senators

    The oath of office shall be administered by the President 
of the Senate to each Senator who shall be elected, previous to 
his taking his seat.
R.S. Sec. 28.

2. U.S.C. Sec. 22. Oath of President of Senate

    When a President of the Senate has not taken the oath of 
office, it shall be administered to him by any Member of the 
Senate.
R.S. Sec. 29.

2 U.S.C. Sec. 23. Presiding Officer of Senate May Administer Oaths

    The presiding officer, for the time being, of the Senate of 
the United States, shall have power to administer all oaths and 
affirmations that are or may be required by the Constitution, 
or by law, to be taken by any Senator, officer of the Senate, 
witness, or other person, in respect to any matter within the 
jurisdiction of the Senate.
Apr. 18, 1876, ch. 66, Sec. 1, 19 Stat. 34.

2 U.S.C. Sec. 24. Secretary of Senate or Assistant Secretary May 
                    Administer Oaths

    The Secretary of the Senate, and the Assistant Secretary 
thereof, shall, respectively, have power to administer any oath 
or affirmation required by law, or by the rules or orders of 
the Senate, to be taken by any officer of the Senate, and to 
any witness produced before it.

(Apr. 18, 1876, c. 66, Sec. 2, 19 Stat. 34; July 9, 1971, 
Pub.L. 92-51, 85 Stat. 125).

           CHAPTER 3--COMPENSATION AND ALLOWANCES OF MEMBERS

2 U.S.C. Sec. 31-2. Gifts and travel

    (a) Gifts:
          (1) No Member, officer, or employee of the Senate, or 
        the spouse or dependent thereof, shall knowingly 
        accept, directly or indirectly, any gift or gifts in 
        any calendar year aggregating more than the minimal 
        value as established by section 7342(a)(5) of title 5, 
        United States Code, or $250, whichever is greater from 
        any person, organization, or corporation unless, in an 
        unusual case, a waiver is granted by the Select 
        Committee on Ethics.
          (2) The prohibitions of this subsection do not apply 
        to gifts--
                  (A) from relatives;
                  (B) with a value of $100 or less, as adjusted 
                under section 102(a)(2)(A) of the Ethics in 
                Government Act of 1978; or
                  (C) of personal hospitality of an individual.
          (3) For purposes of this subsection--
                  (A) the term ``gift'' means a payment, 
                subscription, advance, forbearance, rendering, 
                or deposit of money, services, or anything of 
                value, including food, lodging, transportation, 
                or entertainment, and reimbursement for other 
                than necessary expenses, unless consideration 
                of equal or greater value is received, but does 
                not include (1) a political contribution 
                otherwise reported as required by law, (2) a 
                loan made in a commercially reasonable manner 
                (including requirements that the loan be repaid 
                and that a reasonable rate of interest be 
                paid), (3) a bequest, inheritance, or other 
                transfer at death, (4) a bona fide award 
                presented in recognition of public service and 
                available to the general public, (5) a 
                reception at which the Member, officer, or 
                employee is to be honored, provided such 
                individual receives no other gifts that exceed 
                the restrictions in this rule, other than a 
                suitable memento, (6) meals or beverages 
                consumed or enjoyed, provided the meals or 
                beverages are not consumed or enjoyed in 
                connection with a gift of overnight lodging, or 
                (7) anything of value given to a spouse or 
                dependent of a reporting individual by the 
                employer of such spouse or dependent in 
                recognition of the service provided by such 
                spouse or dependent; and
                  (B) the term ``relative'' has the same 
                meaning given to such term in section 107(2) of 
                title I of the Ethics in Government Act of 1978 
                (Public Law 95-521).
          (4) If a Member, officer, or employee, after 
        exercising reasonable diligence to obtain the 
        information necessary to comply with this rule, 
        unknowingly accepts a gift described in paragraph (1) 
        such Member, officer, or employee shall, upon learning 
        of the nature of the gift and its source, return the 
        gift or, if it is not possible to return the gift, 
        reimburse the donor for the value of the gift.
          (5)(A) Notwithstanding the provisions of this 
        subsection, a Member, officer, or employee of the 
        Senate may participate in a program, the principal 
        objective of which is educational, sponsored by a 
        foreign government or a foreign educational or 
        charitable organization involving travel to a foreign 
        country paid for by that foreign government or 
        organization if such participation is not in violation 
        of any law and if the select Committee on Ethics has 
        determined that participation in such program by 
        Members, officers, or employees of the Senate is in the 
        interests of the Senate and the United States.
          (B) Any Member who accepts an invitation to 
        participate in any such program shall notify the Select 
        Committee in writing of his acceptance. A Member shall 
        also notify the Select Committee in writing whenever he 
        has permitted any officer or employee whom he 
        supervises to participate in any such program. The 
        chairman of the Select Committee shall place in the 
        Congressional Record a list of all individuals 
        participating, the supervisors of such individuals 
        where applicable; and the nature and itinerary of such 
        program.
          (C) No Member, officer, or employee may accept funds 
        in connection with participation in a program permitted 
        under subparagraph (A) if such funds are not used for 
        necessary food, lodging, transportation, and related 
        expenses of the Member, officer, or employee.
    (b) Limits on domestic and foreign travel by Members and 
staff of the Senate:
    The term ``necessary expenses'', with respect to limits on 
domestic and foreign travel by Members and staff of the Senate, 
means reasonable expenses for food, lodging, or transportation 
which are incurred by a Member, officer, or employee of the 
Senate in connection with services provided to (or 
participation in an event sponsored by) the organization which 
provides reimbursement for such expenses or which provides the 
food, lodging, or transportation directly. Necessary expenses 
do not include the provision of food, lodging, or 
transportation, or the payment for such expenses, for a 
continuous period in excess of 3 days exclusive of travel time 
within the United States or 7 days exclusive of travel time 
outside of the United States unless such travel is approved by 
the Committee on Ethics as necessary for participation in a 
conference, seminar, meeting or similar matter. Necessary 
expenses do not include the provision of food, lodging, or 
transportation, or the payment for such expenses, for anyone 
accompanying a Member, officer, or employee of the Senate, 
other than the spouse or child of such Member, officer, or 
employee of the Senate or one Senate employee acting as an aide 
to a Member.
(Pub.L. 101-194, Title IX, Sec. 901, Nov. 30, 1989, 103 Stat. 
            1778; Pub.L. 101-280, Sec. 8, May 4, 1990, 104 
            Stat. 162; Pub.L. 102-90, Title III, Sec. 314(c), 
            105 Stat. 470, August 14, 1991.)

2 U.S.C. Sec. 33. Senators' Salaries

    Senators elected, whose term of office begins on the 3d day 
of January, and whose credentials in due form of law shall have 
been presented in the Senate, may receive their compensation, 
from the beginning of their term.
June 19, 1934, ch. 648, Title I, Sec. 1, 48 Stat. 1022; Oct. 1, 
            1981, Pub.L. 97-51, Sec. 112(b)(2), 95 Stat. 963.

2 U.S.C. Sec. 36. Salaries of Senators

    Salaries of Senators appointed to fill vacancies in the 
Senate shall commence on the day of their appointment and 
continue until their successors are elected and qualified: 
Provided, That when Senators have been elected during a sine 
die adjournment of the Senate to succeed appointees, the 
salaries of Senators so elected shall commence on the day 
following their election.
    Salaries of Senators elected during a session to succeed 
appointees shall commence on the day they qualify: Provided, 
That when Senators have been elected during a session to 
succeed appointees, but have not qualified, the salaries of 
Senators so elected shall commence on the day following the 
sine die adjournment of the Senate.
    When no appointments have been made the salaries of 
Senators elected to fill such vacancies shall commence on the 
day following their election.
Feb. 10, 1923, ch. 68, 42 Stat. 1225; Feb. 6, 1931, ch. 111, 46 
            Stat. 1065, June 19, 1934, ch. 648, Title I, 
            Sec. 1, 48 Stat. 1022; Feb. 13, 1935, ch. 6, 
            Sec. 1, 49 Stat. 22, 23.

2 U.S.C. Sec. 39. Deductions for absence

    The Secretary of the Senate and the Chief Administrative 
Officer of the House of Representatives (upon certification by 
the Clerk of the House of Representatives), respectively, shall 
deduct from the monthly payments (or other periodic payments 
authorized by law) of each Member or Delegate the amount of his 
salary for each day that he has been absent from the Senate or 
House, respectively, unless such Member or Delegate assigns as 
the reason for such absence the sickness of himself or of some 
member of his family.

(R.S. Sec. 40; Pub.L. 97-51, Sec. 112(d), Oct. 1, 1981, 95 
            Stat. 963; Pub.L. 104-186, Title II, Sec. 203(7), 
            Aug. 20, 1996, 110 Stat. 1726.)

2 U.S.C. Sec. 40. Deductions for withdrawal

    When any Member or Delegate withdraws from his seat and 
does not return before the adjournment of Congress, he shall, 
in addition to the sum deducted for each day, forfeit a sum 
equal to the amount which would have been allowed by law for 
his mileage in returning home; and such sum shall be deducted 
from his compensation, unless the withdrawal is with the leave 
of the Senate or House of Representatives respectively.
R.S. Sec. 41.

2 U.S.C. Sec. 40a. Deductions for delinquent indebtedness

    Whenever a Representative, Delegate, or Resident 
Commissioner, or a United States Senator, shall fail to pay any 
sum or sums due from such person to the House of 
Representatives or Senate, respectively, the appropriate 
committee or officer of the House of Representatives or Senate, 
as the case may be, having jurisdiction of the activity under 
which such debt arose, shall certify such delinquent sum or 
sums to the Chief Administrative Officer of the House of 
Representatives in the case of an indebtedness to the House of 
Representatives and to the Secretary of the Senate in the case 
of an indebtedness to the Senate, and such latter officials are 
authorized and directed, respectively, to deduct from any 
salary, mileage, or expense money due to any such delinquent 
such certified amounts or so much thereof as the balance or 
balances due such delinquent may cover. Sums so deducted by the 
Secretary of the Senate shall be disposed of by him in 
accordance with existing law and sums so deducted by the Chief 
Administrative Officer of the House of Representatives shall be 
disposed of by him in accordance with existing law.

(June 19, 1934, c. 648, Title I, Sec. 1, 48 Stat. 1024; Aug. 
            20, 1996, Pub.L. 104-186, Title II, Sec. 203(8), 
            110 Stat. 1726.)

2 U.S.C. Sec. 43d. Organizational expenses of Senator-elect

    (a) Appointment of employees by Secretary of Senate to 
assist; termination of employment.
    Upon the recommendation of a Senator-elect (other than an 
incumbent Senator or a Senator elected to fill a vacancy), the 
Secretary of the Senate shall appoint two employees to assist 
such Senator-elect. Any employee so appointed shall serve 
through the day before the date on which the Senator-elect 
recommending his appointment commences his service as a 
Senator, except that his employment may be terminated before 
such day upon recommendation of such Senator-elect.
    (b) Payment of salaries of appointed employees; funding; 
maximum amount.
    (1) Salaries of employees appointed under subsection (a) of 
this section shall be paid from the appropriation for 
``Administrative, Clerical, and Legislative Assistance to 
Senators''.
    (2) Salaries paid to employees appointed upon 
recommendation of a Senator-elect under subsection (a) of this 
section shall be charged against the amount of compensation 
which may be paid to employees in his office under section 61-
1(d) of this title (hereinafter referred to as the ``clerk-hire 
allowance''), for the fiscal year in which his service as a 
Senator commences. The total amount of salaries paid to 
employees so appointed upon recommendation of a Senator-elect 
shall be charged against his clerk-hire allowance for each 
month in such fiscal year beginning with the month in which his 
service as a Senator commences (until the total amount has been 
charged) by whichever of the following amounts is greater: (1) 
one-ninth of the amount of salaries so paid, or (2) the amount 
by which the aggregate amount of his clerk-hire allowance which 
may be paid as of the close of such month under section 61-
1(d)(1)(B) of this title exceeds the aggregate amount of his 
clerk-hire allowance actually paid as of the close of such 
month.
    (c) Payment of transportation and per diem expenses of 
Senator-elect and appointed employees for one round trip from 
home State to Washington, D.C. for business of impending 
Congress; funding; maximum amount.
    Each Senator-elect and each employee appointed under 
subsection (a) of this section is authorized one round trip 
from the home State of the Senator-elect to Washington, D.C., 
and return, for the purposes of attending conferences, 
caucuses, or organizational meetings, or for any other official 
business connected with the impending Congress. In addition, 
each Senator-elect and each such employee is authorized per 
diem for not more than seven days while en route to and from 
Washington, D.C., and while in Washington, D.C. Such 
transportation and per diem expenses shall be in the same 
amounts as are payable to Senators and employees in the office 
of a Senator under section 58(e) of this title, and shall be 
paid from the contingent fund of the Senate upon itemized 
vouchers certified by the Senator-elect concerned and approved 
by the Secretary of the Senate.
    (d) Payment of telegrams, telephone services, and 
stationery expenses incurred by Senator-elect; funding; maximum 
amount.
    (1) Each Senator-elect is authorized to be reimbursed for 
expenses incurred for telegrams, telephone services, and 
stationery related to his position as Senator-elect in an 
amount not exceeding one-twelfth of the total amount of 
expenses authorized to be paid to or on behalf of a Senator 
from the State which he will represent under section 58 of this 
title. Reimbursement to a Senator-elect under this subsection 
shall be paid from the contingent fund of the Senate upon 
itemized vouchers certified by such Senator-elect and approved 
by the Secretary of the Senate.
    (2) Amounts reimbursed to a Senator-elect under this 
subsection shall be charged against the amount of expenses 
which are authorized to be paid to him or on his behalf under 
section 58 of this title, for each of the twelve months 
beginning with the month in which his service as a Senator 
commences (until all of such amounts have been charged) by 
whichever of the following amounts is greater: (1) one-twelfth 
of the amounts so reimbursed, or (2) the amount by which the 
aggregate amount authorized to be so paid under section 58(c) 
of this title as of the close of such month exceeds the 
aggregate amount actually paid under such section 58 as of the 
close of such month.
    (e) Effective date.
    This section shall take effect on October 1, 1978.

    Pub.L. 95-355, Title I, Sec. 105, Sept. 8, 1978, 92 Stat. 
534; Pub. L. 104-197, Title I, Sec. 2, Sept. 16, 1996, 110 
Stat. 2397.)

2 U.S.C. Sec. 46a-1. Senate revolving fund for stationery allowances; 
                    availability of unexpended balances; withdrawals

    There is established within the Contingent Fund of the 
Senate a revolving fund which shall consist of (1) the 
unexpended balance of the appropriation ``Contingent Expenses, 
Senate, Stationery, fiscal year 1957'', (2) any amounts 
hereafter appropriated for stationery allowances of the 
President of the Senate, and for stationery for use of officers 
of the Senate and the Conference of the Majority and the 
Conference of the Minority of the Senate, and (3) any 
undeposited amounts heretofore received, and any amounts 
hereafter received as proceeds of sales by the stationery room 
of the Senate. Any moneys in the fund shall be available until 
expended for use in the same manner and for the same purposes 
as funds heretofore appropriated to the Contingent Fund of the 
Senate for stationery, except that (1) the balance of any 
amount appropriated for stationery for use of committees and 
officers of the Senate which remains unexpended at the end of 
any fiscal year and (2) allowances which are not available for 
obligation due to vacancies or waiver entitlement thereto, 
shall be withdrawn from the revolving fund.

    (Pub.L. 85-58, Ch. XI, June 21, 1957, 71 Stat. 188; Pub.L. 
92-607, Ch. V, Sec. 506(l), formerly Sec. 506(i), Oct. 31, 
1972, 86 Stat. 1508, renumbered Sec. 506(j), Pub.L. 95-391, 
Title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, renumbered 
Sec. 506(k) and amended Pub.L. 96-304, Title I, Sec. Sec. 101. 
112(b)(3), July 8, 1980, 96 Stat. 889, 892, renumbered 
Sec. 506(l), Pub.L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 
1189.)
   C. CAMPAIGN FINANCING, REPORTING, AND DISCLOSURE (TITLE 2, UNITED 
                              STATES CODE)

                              ----------                              


                     FEDERAL ELECTION CAMPAIGN ACT

2 U.S.C. Sec. 431. Definitions

    When used in this Act:
    (1) The term ``election'' means--
          (A) a general, special, primary, or runoff election;
          (B) a convention or caucus of a political party which 
        has authority to nominate a candidate;
          (C) a primary election held for the selection of 
        delegates to a national nominating convention of a 
        political party; and
          (D) a primary election held for the expression of a 
        preference for the nomination of individuals for 
        election to the office of President.
    (2) The term ``candidate'' means an individual who seeks 
nomination for election, or election, to Federal office and, 
for the purpose of this paragraph, an individual shall be 
deemed to seek nomination for election, or election--
          (A) if such individual has received contributions 
        aggregating in excess of $5,000 or has made 
        expenditures aggregating in excess of $5,000; or
          (B) if such individual has given his or her consent 
        to another person to receive contributions or make 
        expenditures on behalf of such individual and if such 
        person has received such contributions aggregating in 
        excess of $5,000 or has made such expenditures 
        aggregating in excess of $5,000.
    (3) The term ``Federal office'' means the office of 
President or Vice President, or of Senator or Representative 
in, or Delegate or Resident Commissioner to, the Congress.
    (4) the term ``political committee'' means--
          (A) any committee, club, association, or other group 
        of persons which receives contributions aggregating in 
        excess of $1,000 during a calendar year or which makes 
        expenditures aggregating in excess of $1,000 during a 
        calendar year; or
          (B) any separate segregated fund established under 
        the provisions of sections 441(b) of this title; or
          (C) any local committee of a political party which 
        receives contributions aggregating in excess of $5,000 
        during a calendar year, or makes payments exempted from 
        the definition of contribution or expenditure as 
        defined in paragraphs (8) and (9) of this Section 
        aggregating in excess of $5,000 during a calendar year, 
        or makes contributions aggregating in excess of $1,000 
        during a calendar year or makes expenditures 
        aggregating in excess of $1,000 during a calendar year.
    (5) The term ``principal campaign committee'' means a 
political committee designated and authorized by a candidate 
under section 432(e)(1) of this title.
    (6) The term ``authorized committee'' means the principal 
campaign committee or any other political committee authorized 
by a candidate under section 432(e)(1) of this title to receive 
contributions or make expenditures on behalf of such candidate.
    (7) The term ``connected organization'' means any 
organization which is not a political committee but which 
directly or indirectly establishes, administers, or financially 
supports a political committee.
    (8)(A) The term ``contribution'' includes--
          (i) any gift, subscription, loan, advance, or deposit 
        of money or anything of value made by any person for 
        the purpose of influencing an election for Federal 
        office; or
          (ii) the payment by any person of compensation for 
        the personal services of another person which are 
        rendered to a political committee without charge for 
        any purpose.
    (B) The term ``contribution'' does not include--
          (i) the value of services provided without 
        compensation by any individual who volunteers on behalf 
        of a candidate or political committee;
          (ii) the use of real or personal property, including 
        a church or community room used on a regular basis by 
        members of a community for noncommercial purposes, and 
        the cost of invitations, food, and beverages, 
        voluntarily provided by an individual to any candidate 
        or any political committee of a political party in 
        rendering voluntary personal services on the 
        individual's residential premises or in the church or 
        community room for candidate-related or political 
        party-related activities, to the extent that the 
        cumulative value of such invitations, food, and 
        beverages provided by such individual on behalf of any 
        single candidate does not exceed $1,000 with respect to 
        any single election, and on behalf of all political 
        committees of a political party does not exceed $2,000 
        in any calendar year;
          (iii) the sale of any food or beverage by a vendor 
        for use in any candidate's campaign or for use by or on 
        behalf of any political committee of a political party 
        at a charge less than the normal comparable charge, if 
        such charge is at least equal to the cost of such food 
        or beverage to the vendor, to the extent that the 
        cumulative value of such activity by such vendor on 
        behalf of any single candidate does not exceed $1,000 
        with respect to any single election, and on behalf of 
        all political committees of a political party does not 
        exceed $2,000 in any calendar year;
          (iv) any unreimbursed payment for travel expenses 
        made by any individual on behalf of any candidate or 
        any political committee of a political party, to the 
        extent that the cumulative value of such activity by 
        such individual on behalf of any single candidate does 
        not exceed $1,000 with respect to any single election, 
        and on behalf of all political committees of a 
        political party does not exceed $2,000 in any calendar 
        year;
          (v) 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 3 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 shall not apply to 
        any cost incurred by such committee with respect to a 
        display of any such listing made on broadcasting 
        stations, or in newspapers, magazines, or similar types 
        of general public political advertising;
          (vi) any payment made or obligation incurred by a 
        corporation or a labor organization which, under 
        section 441b(b) of this title, would not constitute an 
        expenditure by such corporation or labor organization;
          (vii) any loan of money by a State bank, a federally 
        chartered depository institution, or a depository 
        institution the deposits or accounts of which are 
        insured by the Federal Deposit Insurance Corporation, 
        Federal Savings and Loan Insurance Corporation, or the 
        National Credit Union Administration, other than any 
        overdraft made with respect to a checking or savings 
        account, made in accordance with applicable law and in 
        the ordinary course of business, but such loan--
                  (I) shall be considered a loan by each 
                endorser or guarantor, in that proportion of 
                the unpaid balance that each endorser or 
                guarantor bears to the total number of 
                endorsers or guarantors;
                  (II) shall be made on a basis which assures 
                repayment, evidenced by a written instrument, 
                and subject to a due date or amortization 
                schedule; and
                  (III) shall bear the usual and customary 
                interest rate of the lending institution;
          (viii) any gift, subscription, loan, advance, or 
        deposit of money or anything of value to a national or 
        a State committee of a political party specifically 
        designated to defray any cost for construction or 
        purchase of any office facility not acquired for the 
        purpose of influencing the election of any candidate in 
        any particular election for Federal office;
          (ix) any legal or accounting services rendered to or 
        on behalf of--
                  (I) any political committee of a political 
                party if the person paying for such services is 
                the regular employer of the person rendering 
                such services and if such services are not 
                attributable to activities which directly 
                further the election of any designated 
                candidate to Federal office; or
                  (II) an authorized committee of a candidate 
                or any other political committee, if the person 
                paying for such services is the regular 
                employer of the individual rendering such 
                services and if such services are solely for 
                the purpose of ensuring compliance with this 
                Act or chapter 95 or chapter 96 of title 26,
        but amounts paid or incurred by the regular employer 
        for such legal or accounting services shall be reported 
        in accordance with section 434(b) of this title by the 
        committee receiving such services;
          (x) the payment by a State or local committee of a 
        political party of the costs of campaign materials 
        (such as pins, bumper stickers, handbills, brochures, 
        posters, tabloids, and yard signs) used by such 
        committee in connection with volunteer activities on 
        behalf of nominees of such party Provided, That--
                  (1) such payments are not for the costs of 
                campaign materials or activities used in 
                connection with any broadcasting, newspaper, 
                magazine, billboard, direct mail, or similar 
                type of general public communication or 
                political advertising;
                  (2) such payments are made from contributions 
                subject to the limitations and prohibitions of 
                this Act; and
                  (3) such payments are not made from 
                contributions designated to be spent on behalf 
                of a particular candidate or particular 
                candidates;
          (xi) the payment by a candidate, for nomination or 
        election to any public office (including State or local 
        office), or authorized committee of a candidate, of the 
        costs of campaign materials which include information 
        on or reference to any other candidate and which are 
        used in connection with volunteer activities (including 
        pins, bumper stickers, handbills, brochures, posters, 
        and yard signs, but not including the use of 
        broadcasting, newspapers, magazines, billboards, direct 
        mail, or similar types of general public communication 
        or political advertising): Provided, That such payments 
        are made from contributions subject to the limitations 
        and prohibitions of this Act;
          (xii) the payment by a State or local committee of a 
        political party of the costs of voter registration and 
        get-out-the-vote activities conducted by such committee 
        on behalf of nominees of such party for President and 
        Vice President: Provided, That--
                  (1) such payments are not for the costs of 
                campaign materials or activities used in 
                connection with any broadcasting, newspaper, 
                magazine, billboard, direct mail, or similar 
                type of general public communication or 
                political advertising;
                  (2) such payments are made from contributions 
                subject to the limitations and prohibitions of 
                this Act; and
                  (3) such payments are not made from 
                contributions designated to be spent on behalf 
                of a particular candidate or candidates:
          (xiii) payments made by a candidate or the authorized 
        committee of a candidate as a condition of ballot 
        access and payments received by any political party 
        committee as a condition of ballot access; and
          (xiv) any honorarium (within the meaning of section 
        441i of this title).
    (9)(A) The term ``expenditure'' includes--
          (i) any purchase, payment, distribution, loan, 
        advance, deposit, or gift of money or anything of 
        value, made by any person for the purpose of 
        influencing any election for Federal office; and
          (ii) a written contract, promise, or agreement to 
        make an expenditure.
    (B) The term ``expenditure'' does not include--
          (i) any news story, commentary, or editorial 
        distributed 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;
          (ii) nonpartisan activity designed to encourage 
        individuals to vote or to register to vote;
          (iii) any communication by any membership 
        organization or corporation to its members, 
        stockholders, or executive or administrative personnel, 
        if such membership organization or corporation is not 
        organized primarily for the purpose of influencing the 
        nomination for election, or election, of any individual 
        to Federal office, except that the costs incurred by a 
        membership organization (including a labor 
        organization) or by a corporation directly attributable 
        to a communication expressly advocating the election or 
        defeat of a clearly identified candidate (other than a 
        communication primarily devoted to subjects other than 
        the express advocacy of the election or defeat of a 
        clearly identified candidate), shall, if such costs 
        exceed $2,000 for any election, be reported to the 
        Commission in accordance with section 434(a)(4)(A)(i) 
        of this title and in accordance with section 
        434(a)(4)(A)(ii) of this title with respect to any 
        general election;
          (iv) 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 3 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 shall not apply to 
        costs incurred by such committee with respect to a 
        display of any such listing made on broadcasting 
        stations, or in newspapers, magazines, or similar types 
        of general public political advertising;
          (v) any payment made or obligation incurred by a 
        corporation or a labor organization which, under 
        section 441b(b) of this title, would not constitute an 
        expenditure by such corporation or labor organization;
          (vi) any costs incurred by an authorized committee or 
        candidate in connection with the solicitation of 
        contributions on behalf of such candidate, except that 
        this clause shall not apply with respect to costs 
        incurred by an authorized committee of a candidate in 
        excess of an amount equal to 20 percent of the 
        expenditure limitation applicable to such candidate 
        under section 441a(b) but all such costs shall be 
        reported in accordance with section 434(b);
          (vii) the payment of compensation for legal or 
        accounting services--
                  (I) rendered to or on behalf of any political 
                committee of a political party if the person 
                paying for such services is the regular 
                employer of the individual rendering such 
                services, and if such services are not 
                attributable to activities which directly 
                further the election of any designated 
                candidate to Federal office; or
                  (II) rendered to or on behalf of a candidate 
                or political committee if the person paying for 
                such services is the regular employer of the 
                individual rendering such services, and if such 
                services are solely for the purpose of ensuring 
                compliance with this Act or chapter 95 or 
                chapter 96 of title 26,
        but amounts paid or incurred by the regular employer 
        for such legal or accounting services shall be reported 
        in accordance with section 434(b) by the committee 
        receiving such services;
          (viii) the payment by a State or local committee of a 
        political party of the costs of campaign materials 
        (such as pins, bumper stickers, handbills, brochures, 
        posters, party tabloids, and yard signs) used by such 
        committee in connection with volunteer activities on 
        behalf of nominees of such party: Provided, That--
                  (1) such payments are not for the costs of 
                campaign materials or activities used in 
                connection with any broadcasting, newspaper, 
                magazine, billboard, direct mail, or similar 
                type of general public communication or 
                political advertising;
                  (2) such payments are made from contributions 
                subject to the limitations and prohibitions of 
                this Act; and
                  (3) such payments are not made from 
                contributions designated to be spent on behalf 
                of a particular candidate or particular 
                candidates;
          (ix) the payment by a State or local committee of a 
        political party of the costs of voter registration and 
        get-out-the-vote activities conducted by such committee 
        on behalf of nominees of such party for President and 
        Vice President: Provided, That--
                  (1) such payments are not for the costs of 
                campaign materials or activities used in 
                connection with any broadcasting, newspaper, 
                magazine, billboard, direct mail, or similar 
                type of general public communication or 
                political advertising;
                  (2) such payments are made from contributions 
                subject to the limitations and prohibitions of 
                this Act; and
                  (3) such payments are not made from 
                contributions designated to be spent on behalf 
                of a particular candidate or candidates; and
          (x) payments received by a political party committee 
        as a condition of ballot access which are transferred 
        to another political party committee or the appropriate 
        State official.
    (10) The term ``Commission'' means the Federal Election 
Commission.
    (11) The term ``person'' includes an individual, 
partnership, committee, association, corporation, labor 
organization, or any other organization or group of persons, 
but such term does not include the Federal Government or any 
authority of the Federal Government.
    (12) The term ``State'' means a State of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico, or a 
territory or possession of the United States.
    (13) The term ``identification'' means--
          (A) in the case of any individual, the name, the 
        mailing address, and the occupation of such individual, 
        as well as the name of his or her employer; and
          (B) in the case of any other person, the full name 
        and address of such person.
    (14) The term ``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.
    (15) The term ``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 Commission.
    (16) The term ``political party'' means an association, 
committee, or organization 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.
    (17) The term ``independent expenditure'' means an 
expenditure by a person expressly advocating the election or 
defeat of a clearly identified candidate which is made without 
cooperation or consultation with any candidate, or any 
authorized committee or agent of such candidate, and which is 
not made in concert with, or at the request or suggestion of, 
any candidate, or any authorized committee or agency of such 
candidate.
    (18) The term ``clearly identified'' means that--
          (A) the name of the candidate involved appears;
          (B) a photograph or drawing of the candidate appears; 
        or
          (C) the identity of the candidate is apparent by 
        unambiguous reference.
    (19) The term ``Act'' means the Federal Election Campaign 
Act of 1971 as amended.

Pub.L. 92-225, Title III, Sec. 301, Feb. 7, 1972, 86 Stat. 11; 
Pub.L. 93-443, Title II, Sec. Sec. 201(a), 208(c)(1), Oct. 15, 
1974, 88 Stat. 1272, 1286; Pub.L. 94-283, Title I, 
Sec. Sec. 102, 115(d), (h), May 11, 1976, 90 Stat. 478, 495, 
496; Pub.L. 96-187, Title I, Sec. 101, Jan. 8, 1980, 93 Stat. 
1339; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

2 U.S.C. Sec. 432. Organization of political committees--Treasurer; 
                    vacancy; official authorizations

    (a) Every political committee shall have a treasurer. No 
contribution or expenditure shall be accepted or made by or on 
behalf of a political committee during any period in which the 
office of treasurer is vacant. No expenditure shall be made for 
or on behalf of a political committee without the authorization 
of the treasurer or his or her designated agent.

               Account of contributions; segregated funds

    (b)(1) Every person who receives a contribution for an 
authorized political committee shall, not later than 10 days 
after receiving such contribution, forward to the treasurer 
such contribution, and if the amount of the contribution is in 
excess of $50 the name and address of the person making the 
contribution and the date of receipt.
    (2) Every person who receives a contribution for a 
political committee which is not an authorized committee 
shall--
          (A) if the amount of the contribution is $50 or less, 
        forward to the treasurer such contribution no later 
        than 30 days after receiving the contribution; and
          (B) if the amount of the contribution is in excess of 
        $50, forward to the treasurer such contribution, the 
        name and address of the person making the contribution, 
        and the date of receipt of the contribution, no later 
        than 10 days after receiving the contribution.
    (3) All funds of a political committee shall be segregated 
from, and may not be commingled with, the personal funds of any 
individual.

                             Recordkeeping

    (c) The treasurer of a political committee shall keep an 
account of--
          (1) all contributions received by or on behalf of 
        such political committee;
          (2) the name and address of any person who makes any 
        contribution in excess of $50, together with the date 
        and amount of such contribution by any person;
          (3) the identification of any person who makes a 
        contribution or contributions aggregating more than 
        $200 during a calendar year, together with the date and 
        amount of any such contribution;
          (4) the identification of any political committee 
        which makes a contribution, together with the date and 
        amount of any such contribution; and
          (5) the name and address of every person to whom any 
        disbursement is made, the date, amount, and purpose of 
        the disbursement, and the name of the candidate and the 
        office sought by the candidate, if any, for whom the 
        disbursement was made, including a receipt, invoice, or 
        canceled check for each disbursement in excess of $200.

             Preservation of records and copies of reports

    (d) The treasurer shall preserve all records required to be 
kept by this section and copies of all reports required to be 
filed by this subchapter for 3 years after the report is filed. 
For any report filed in electronic format under section 
434(a)(11) of this title, the treasurer shall retain a machine-
readable copy of the report as the copy preserved under the 
preceding sentence.

 principal and additional campaign committees; designations, status of 
                 candidate, authorized committees, etc.

    (e)(1) Each candidate for Federal office (other than the 
nominee for the office of Vice President) shall designate in 
writing a political committee in accordance with paragraph (3) 
to serve as the principal campaign committee of such candidate. 
Such designation shall be made no later than 15 days after 
becoming a candidate. A candidate may designate additional 
political committees in accordance with paragraph (3) to serve 
as authorized committees of such candidate. Such designation 
shall be in writing and filed with the principal campaign 
committee of such candidate in accordance with subsection 
(f)(1) of this section.
    (2) Any candidate described in paragraph (1) who receives a 
contribution, or any loan for use in connection with the 
campaign of such candidate for election, or makes a 
disbursement in connection with such campaign, shall be 
considered, for purposes of this Act, as having received the 
contribution or loan, or as having made the disbursement, as 
the case may be, as an agent of the authorized committee or 
committees of such candidate.
    (3)(A) No political committee which supports or has 
supported more than one candidate may be designated as an 
authorized committee, except that--
          (i) the candidate for the office of President 
        nominated by a political party may designate the 
        national committee of such political party as a 
        principal campaign committee, but only if that national 
        committee maintains separate books of account with 
        respect to its function as a principal campaign 
        committee; and
          (ii) candidates may designate a political committee 
        established solely for the purpose of joint fundraising 
        by such candidates as an authorized committee.
    (B) As used in this section, the term ``support'' does not 
include a contribution by any authorized committee in amounts 
of $1,000 or less to an authorized committee of any other 
candidate.
    (4) The name of each authorized committee shall include the 
name of the candidate who authorized such committee under 
paragraph (1). In the case of any political committee which is 
not an authorized committee, such political committee shall not 
include the name of any candidate in its name.
    (5) The name of any separate segregated fund established 
pursuant to section 441(b) shall include the name of its 
connected organization.

  Filing with and receipt of designations, statements, and reports by 
                     principal campaign committees

    (f)(1) Notwithstanding any other provision of this Act, 
each designation, statement, or report of receipts or 
disbursements made by an authorized committee of a candidate 
shall be filed with the candidate's principal campaign 
committee.
    (2) Each principal campaign committee shall receive all 
designations, statements, and reports required to be filed with 
it under paragraph (1) and shall compile and file such 
designations, statements, and reports in accordance with this 
Act.

  Filing with and receipt of designations, statements, and reports by 
secretary of senate; forwarding to commission; filing requirements with 
  commission; public inspection and preservation of designations, etc.

    (g)(1) Designations, statements, and reports required to be 
filed under this Act by a candidate, for the office of Senator, 
and by the principal campaign committee of such a candidate, 
shall be filed with the Secretary of the Senate, who shall 
receive such designations, statements, and reports, as 
custodian for the Commission.
    (2) The Secretary of the Senate shall forward a copy of any 
designation, statement, or report filed with the Secretary 
under this subsection to the Commission as soon as possible 
(but no later than 2 working days) after receiving such 
designation, statement, or report.
    (3) All designations, statements, and reports required to 
be filed under this Act, except designations, statements, and 
reports filed in accordance with paragraph (1), shall be filed 
with the Commission.
    (4) The Secretary of the Senate shall make the 
designations, statements, and reports received under this 
subsection available for public inspection and copying in the 
same manner as the Commission under section 438(a)(4) of this 
title, and shall preserve such designations, statements, and 
reports in the same manner as the Commission under section 
438(a)(5) of this title.

  Campaign depositories; designations, maintenance of accounts, etc.; 
       petty cash fund for disbursements; record of disbursements

    (h)(1) Each political committee shall designate one or more 
State banks, federally chartered depository institutions, or 
depository institutions the deposits or accounts of which are 
insured by the Federal Deposit Insurance Corporation, the 
Federal Savings and Loan Insurance Corporation, or the National 
Credit Union Administration, as its campaign depository or 
depositories. Each political committee shall maintain at least 
one checking account and such other accounts as the committee 
determines at a depository designated by such committee. All 
receipts received by such committee shall be deposited in such 
accounts. No disbursements may be made (other than petty cash 
disbursements under paragraph (2)) by such committee except by 
check drawn on such accounts in accordance with this section.
    (2) A political committee may maintain a petty cash fund 
for disbursements not in excess of $100 to any person in 
connection with a single purchase or transaction. A record of 
all petty cash disbursements shall be maintained in accordance 
with subsection (c)(5) of this section.

reports and records, compliance with requirements based on best efforts

    (i) When the treasurer of a political committee shows that 
best efforts have been used to obtain, maintain, and submit the 
information required by this Act for the political committee, 
any report or any records of such committee shall be considered 
in compliance with this Act or chapter 95 or chapter 96 of 
title 26.

Pub.L. 92-225, Title III, Sec. 302, Feb. 7, 1972, 86 Stat. 12; 
Pub.L. 93-443, Title II, Sec. Sec. 202, 208(c)(2), Oct. 15, 
1974, 88 Stat. 1275, 1286; Pub.L. 94-283, Title I, Sec. 103, 
May 11, 1976, 90 Stat. 480; Pub.L. 96-187, Title I, Sec. 102, 
Jan. 8, 1980, 93 Stat. 1345; Pub.L. 99-514, Sec. 2, Oct. 22, 
1986, 100 Stat. 2095; Pub.L. 104-79, Sec. Sec. 1(b), 3(a), Dec. 
28, 1995, 109 Stat. 791, 792.)

2 U.S.C. Sec. 433. Registration of political committees--Statements of 
                    organizations

    (a) Each authorized campaign committee shall file a 
statement of organization not later than 10 days after 
designation pursuant to section 432(e)(1). Each separate 
segregated fund established under the provisions of section 
441b(b) shall file a statement of organization no later than 10 
days after establishment. All other committees shall file a 
statement of organization within 10 days after becoming a 
political committee within the meaning of section 431(4).

                         contents of statements

    (b) The statement of organization of a political committee 
shall include--
          (1) the name, address, and type of committee;
          (2) the name, address, relationship, and type of any 
        connected organization or affiliated committee;
          (3) the name, address, and position of the custodian 
        of books and accounts of the committee;
          (4) the name and address of the treasurer of the 
        committee;
          (5) if the committee is authorized by a candidate, 
        the name, address, office sought, and party affiliation 
        of the candidate; and
          (6) a listing of all banks, safety deposit boxes, or 
        other depositories used by the committee.

                  change of information in statements

    (c) Any change in information previously submitted in a 
statement of organization shall be reported in accordance with 
section 432(g) no later than 10 days after the date of the 
change.

             termination, etc., requirements of authorities

    (d)(1) A political committee may terminate only when such a 
committee files a written statement, in accordance with section 
432(g), that it will no longer receive any contributions or 
make any disbursements and that such committee has no 
outstanding debts or obligations.
    (2) Nothing contained in this subsection may be construed 
to eliminate or limit the authority of the Commission to 
establish procedures for--
          (A) the determination of insolvency with respect to 
        any political committee;
          (B) the orderly liquidation of an insolvent political 
        committee, and the orderly application of its assets 
        for reduction of outstanding debts; and
          (C) the termination of an insolvent political 
        committee after such liquidation and application of 
        assets.
Pub.L. 92-225, Title III, Sec. 303, Feb. 7, 1972, 86 Stat. 14; 
            Pub.L. 93-443, Title II, Sec. Sec. 203, 208(c)(3), 
            Oct. 15, 1974, 88 Stat. 1276, 1286; Pub.L. 96-187, 
            Title I, Sec. 103, Jan. 8, 1980, 93 Stat. 1347.

2 U.S.C. Sec. 434. Reporting requirements--Receipts and disbursements 
                    by treasurers of political committees; filing 
                    requirements

    (a)(1) Each treasurer of a political committee shall file 
reports of receipts and disbursements in accordance with the 
provisions of this subsection. The treasurer shall sign each 
such report.
    (2) If the political committee is the principal campaign 
committee of a candidate for the House of Representatives or 
for the Senate--
          (A) in any calendar year during which there is 
        regularly scheduled election for which such candidate 
        is seeking election, or nomination for election, the 
        treasurer shall file the following reports:
                  (i) a pre-election report, which shall be 
                filed no later than the 12th day before (or 
                posted by registered or certified mail no later 
                than the 15th day before) any election in which 
                such candidate is seeking election, or 
                nomination for election, and which shall be 
                complete as of the 20th day before such 
                election;
                  (ii) a post-general election report, which 
                shall be filed no later than the 30th day after 
                any general election in which such candidate 
                has sought election, and which shall be 
                complete as of the 20th day after such general 
                election; and
                  (iii) additional quarterly reports, which 
                shall be filed no later than the 15th day after 
                the last day of each calendar quarter, and 
                which shall be complete as of the last day of 
                each calendar quarter; except that the report 
                for the quarter ending December 31 shall be 
                filed no later than January 31 of the following 
                calendar year; and
          (B) in any other calendar year the following reports 
        shall be filed:
                  (i) a report covering the period beginning 
                January 1 and ending June 30, which shall be 
                filed no later than July 31; and
                  (ii) a report covering the period beginning 
                July 1 and ending December 31, which shall be 
                filed no later than January 31 of the following 
                calendar year.
    (3) If the committee is the principal campaign committee of 
a candidate for the office of President--
          (A) in any calendar year during which a general 
        election is held to fill such office--
                  (i) the treasurer shall file monthly reports 
                if such committee has on January 1 of such 
                year, received contributions aggregating 
                $100,000 or made expenditures aggregating 
                $100,000 or anticipates receiving contributions 
                aggregating $100,000 or more or making 
                expenditures aggregating $100,000 or more 
                during such year; such monthly reports shall be 
                filed no later than the 20th day after the last 
                day of each month and shall be complete as of 
                the last day of the month, except that, in lieu 
                of filing the report otherwise due in November 
                and December, a pre-general election report 
                shall be filed in accordance with paragraph 
                (2)(A)(i), a post-general election report shall 
                be field in accordance with paragraph 
                (2)(A)(ii), and a year end report shall be 
                filed no later than January 31 of the following 
                calendar year;
                  (ii) the treasurer of the other principal 
                campaign committees of a candidate for the 
                office of President shall file a pre-election 
                report or reports in accordance with paragraph 
                (2)(A)(i), a post-general election report in 
                accordance with paragraph (2)(A)(ii), and 
                quarterly reports in accordance with paragraph 
                (2)(A)(iii), and
                  (iii) if at any time during the election year 
                a committee filing under paragraph (3)(A)(ii) 
                receives contributions in excess of $100,000 or 
                makes expenditures in excess of $100,000 the 
                treasurer shall begin filing monthly reports 
                under paragraph (3)(A)(i) at the next reporting 
                period; and
          (B) in any other calendar year, the treasurer shall 
        file either--
                  (i) monthly reports, which shall be filed no 
                later than the 20th day after the last day of 
                each month and shall be complete as of the last 
                day of the month; or
                  (ii) quarterly reports, which shall be filed 
                no later than the 15th day after the last day 
                of each calendar quarter and which shall be 
                complete as of the last day of each calendar 
                quarter.
    (4) All political committees other than authorized 
committees of a candidate shall file either--
          (A)(i) quarterly reports, in a calendar year in which 
        a regularly scheduled general election is held, which 
        shall be filed no later than the 15th day after the 
        last day of each calendar quarter; except that the 
        report for the quarter ending on December 31 of such 
        calendar year shall be filed no later than January 31 
        of the following calendar year;
          (ii) a pre-election report, which shall be filed no 
        later than the 12th day before (or posted by registered 
        or certified mail no later than the 15th day before) 
        any election in which the committee makes a 
        contribution to or expenditure on behalf of a candidate 
        in such election, and which shall be complete as of the 
        20th day before the election;
          (iii) a post-general election report, which shall be 
        filed no later than the 30th day after the general 
        election and which shall be complete as of the 20th day 
        after such general election; and
          (iv) in any other calendar year, a report covering 
        the period beginning January 1 and ending June 30, 
        which shall be filed no later than July 31 and a report 
        covering the period beginning July 1 and ending 
        December 31, which shall be filed no later than January 
        31 of the following calendar year; or
          (B) monthly reports in all calendar years which shall 
        be filed no later than the 20th day after the last day 
        of the month and shall be complete as of the last day 
        of the month, except that, in lieu of filing the 
        reports otherwise due in November and December of any 
        year in which a regularly scheduled general election is 
        held, a pre-general election report shall be filed in 
        accordance with paragraph (2)(A)(i), a post-general 
        election report shall be filed in accordance with 
        paragraph (2)(A)(ii), and a year end report shall be 
        filed no later than January 31 of the following 
        calendar year.
    (5) If a designation, report, or statement filed pursuant 
to this Act (other than under paragraph (2)(A)(i) or 
(4)(A)(ii)) is sent by registered or certified mail, the United 
States postmark shall be considered the date of filing of the 
designation, report, or statement.
    (6)(A) The principal campaign committee of a candidate 
shall notify the Secretary, or the Commission, and the 
Secretary of State, as appropriate, in writing, of any 
contribution of $1,000 or more received by any authorized 
committee of such candidate after the 20th day, but more than 
48 hours before, any election. This notification shall be made 
within 48 hours after the receipt of such contribution and 
shall include the name of the candidate and the office sought 
by the candidate, the identification of the contributor, and 
the date of receipt and amount of the contribution.
    (B) The notification required under this paragraph shall be 
in addition to all other reporting requirements under this Act.
    (7) The reports required to be filed by this subsection 
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.
    (8) The requirements for a political committee to file a 
quarterly report under paragraph (2)(A)(iii) or paragraph 
(4)(A)(i) shall be waived if such committee is required to file 
a pre-election report under paragraph (2)(A)(i), or paragraph 
(4)(A)(ii) during the period beginning on the 5th day after the 
close of the calendar quarter and ending on the 15th day after 
the close of the calendar quarter.
    (9) The Commission shall set filing dates for reports to be 
filed by principal campaign committees of candidates seeking 
election, or nomination for election, in special elections and 
political committees filing under paragraph (4)(A) which make 
contributions to or expenditures on behalf of a candidate or 
candidates in special elections. The Commission shall require 
no more than one pre-election report for each election and one 
post-election report for the election which fills the vacancy. 
The Commission may waive any reporting obligation of committees 
required to file for special elections if any report required 
by paragraph (2) or (4) is required to be filed within 10 days 
of a report required under this subsection. The Commission 
shall establish the reporting dates within 5 days of the 
setting of such election and shall publish such dates and 
notify the principal campaign committees of all candidates in 
such election of the reporting dates.
    (10) The treasurer of a committee supporting a candidate 
for the office of Vice President (other than the nominee of a 
political party) shall file reports in accordance with 
paragraph (3).
    (11)(A) The Commission shall permit reports required by 
this Act to be filed and preserved by means of computer disk or 
any other appropriate electronic format or method, as 
determined by the Commission.
    (B) In carrying out subparagraph (A) with respect to filing 
of reports, the Commission shall provide for one or more 
methods (other than requiring a signature on the report being 
filed) for verifying reports filed by means of computer disk or 
other electronic format or method. Any verification under the 
preceding sentence shall be treated for all purposes (including 
penalties for perjury) in the same manner as a verification by 
signature.
    (C) As used in this paragraph, the term ``report'' means, 
respect to the Commission, a report, designation, or statement 
required by this Act to be filed with the Commission.

                          contents of reports

    (b) Each report under this section shall disclose--
          (1) the amount of cash on hand at the beginning of 
        the reporting period;
          (2) for the reporting period and the calendar year, 
        the total amount of all receipts, and the total amount 
        of all receipts in the following categories:
                  (A) contributions from persons other than 
                political committees;
                  (B) for an authorized committee, 
                contributions from the candidate;
                  (C) contributions from political party 
                committees;
                  (D) contributions from other political 
                committees;
                  (E) for an authorized committee, transfers 
                from other authorized committees of the same 
                candidate;
                  (F) transfers from affiliated committees and, 
                where the reporting committee is a political 
                party committee, transfers from other political 
                party committees, regardless of whether such 
                committees are affiliated;
                  (G) for an authorized committee, loans made 
                by or guaranteed by the candidate;
                  (H) all other loans;
                  (I) rebates, refunds, and other offsets to 
                operating expenditures;
                  (J) dividends, interest, and other forms of 
                receipts; and
                  (K) for an authorized committee of a 
                candidate for the office of President, Federal 
                funds received under chapter 95 and chapter 96 
                of title 26;
          (3) the identification of each--
                  (A) person (other than a political committee) 
                who makes a contribution to the reporting 
                committee during the reporting period, whose 
                contribution or contributions have an aggregate 
                amount or value in excess of $200 within the 
                calendar year, or in any lesser amount if the 
                reporting committee should so elect, together 
                with the date and amount of any such 
                contribution;
                  (B) political committee which makes a 
                contribution to the reporting committee during 
                the reporting period, together with the date 
                and amount of any such contribution;
                  (C) authorized committee which makes a 
                transfer to the reporting committee;
                  (D) affiliated committee which makes a 
                transfer to the reporting committee during the 
                reporting period and, where the reporting 
                committee is a political party committee, each 
                transfer of funds to the reporting committee 
                from another political party committee, 
                regardless of whether such committees are 
                affiliated, together with the date and amount 
                of such transfer;
                  (E) person who makes a loan to the reporting 
                committee during the reporting period, together 
                with the identification of any endorser or 
                guarantor of such loan, and the date and amount 
                of value of such loan;
                  (F) person who provides a rebate, refund, or 
                other offset to operating expenditures to the 
                reporting committee in an aggregate amount or 
                value in excess of $200 within the calendar 
                year, together with the date and amount of such 
                receipt; and
                  (G) person who provides any dividend, 
                interest, or other receipt to the reporting 
                committee in an aggregate value or amount in 
                excess of $200 within the calendar year, 
                together with the date and amount of any such 
                receipt;
          (4) for the reporting period and the calendar year, 
        the total amount of all disbursements, and all 
        disbursements in the following categories:
                  (A) expenditures made to meet candidate or 
                committee operating expenses;
                  (B) for authorized committees, transfers to 
                other committees authorized by the same 
                candidate;
                  (C) transfers to affiliated committees and, 
                where the reporting committee is a political 
                party committee, transfers to other political 
                party committees, regardless of whether they 
                are affiliated;
                  (D) for an authorized committee, repayment of 
                loans made by or guaranteed by the candidate;
                  (E) repayment of all other loans;
                  (F) contribution refunds and other offsets to 
                contributions;
                  (G) for an authorized committee, any other 
                disbursements;
                  (H) for any political committee other than an 
                authorized committee--
                          (i) contributions made to other 
                        political committees;
                          (ii) loans made by the reporting 
                        committees;
                          (iii) independent expenditures;
                          (iv) expenditures made under section 
                        441a(d) of this title, and
                          (v) any other disbursements; and
                  (I) for an authorized committee of a 
                candidate for the office of President, 
                disbursements not subject to the limitation of 
                section 441a(b);
          (5) the name and address of each--
                  (A) person to whom an expenditure in an 
                aggregate amount or value in excess of $200 
                within the calendar year is made by the 
                reporting committee to meet a candidate or 
                committee operating expense, together with the 
                date, amount, and purpose of such operating 
                expenditure;
                  (B) authorized committee to which a transfer 
                is made by the reporting committee;
                  (C) affiliated committee to which a transfer 
                is made by the reporting committee during the 
                reporting period and, where the reporting 
                committee is a political party committee, each 
                transfer of funds by the reporting committee to 
                another political party committee, regardless 
                of whether such committees are affiliated, 
                together with the date and amount of such 
                transfers;
                  (D) person who receives a loan repayment from 
                the reporting committee during the reporting 
                period, together with the date and amount of 
                such loan repayment; and
                  (E) person who receives a contribution refund 
                or other offset to contributions from the 
                reporting committee where such contribution was 
                reported under paragraph (3)(A) of this 
                subsection together with the date and amount of 
                such disbursement;
          (6)(A) for an authorized committee, the name and 
        address of each person who has received any 
        disbursement not disclosed under paragraph (5) in an 
        aggregate amount or value in excess of $200 within the 
        calendar year, together with the date and amount of any 
        such disbursement;
          (B) for any other political committee, the name and 
        address of each--
                  (i) political committee which has received a 
                contribution from the reporting committee 
                during the reporting period, together with the 
                date and amount of any such contribution;
                  (ii) person who has received a loan from the 
                reporting committee during the reporting 
                period, together with the date and amount of 
                such loan;
                  (iii) person who receives any disbursement 
                during the reporting period in an aggregate 
                amount or value in excess of $200 within the 
                calendar year in connection with an independent 
                expenditure by the reporting committee, 
                together with the date, amount, and purpose of 
                any such independent expenditure and a 
                statement which indicates whether such 
                independent expenditure is in support of, or in 
                opposition to, a candidate, as well as the name 
                and office sought by such candidate, and a 
                certification, under penalty of perjury, 
                whether such independent expenditure is made in 
                cooperation, consultation, or concert with, or 
                at the request or suggestion of, any candidate 
                or any authorized committee or agent of such 
                committee;
                  (iv) person who receives any expenditure from 
                the reporting committee during the reporting 
                period in connection with an expenditure under 
                section 441a(d) of this title, together with 
                the date, amount, and purpose of any such 
                expenditure as well as the name of, and office 
                sought by, the candidate on whose behalf the 
                expenditure is made; and
                  (v) person who has received any disbursement 
                not otherwise disclosed in this paragraph or 
                paragraph (5) in an aggregate amount or value 
                in excess of $200 within the calendar year from 
                the reporting committee within the reporting 
                period together with the date, amount, and 
                purpose of any such disbursement;
          (7) the total sum of all contributions to such 
        political committee, together with the total 
        contributions less offsets to contributions and the 
        total sum of all operating expenditures made by such 
        political committee, together with total operating 
        expenditures less offsets to operating expenditures, 
        for both the reporting period and the calendar year; 
        and
          (8) the amount and nature of outstanding debts and 
        obligations owed by or to such political committee; and 
        where such debts and obligations are settled for less 
        than their reported amount or value, a statement as to 
        the circumstances and conditions under which such debts 
        or obligations were extinguished and the consideration 
        therefor.

   Statements by Other than Political Committees; Filing; Contents; 
                        Indices of Expenditures

    (c)(1) Every person (other than a political committee) who 
makes independent expenditures in an aggregate amount or value 
in excess of $250 during a calendar year shall file a statement 
containing the information required under subsection (b)(3)(A) 
of this section for all contributions received by such person.
    (2) Statements required to be filed by this subsection 
shall be filed in accordance with subsection (a)(2) of this 
section, and shall include--
          (A) the information required by subsection 
        (b)(6)(B)(iii) of this section, indicating whether the 
        independent expenditure is in support of, or in 
        opposition to, the candidate involved;
          (B) under penalty of perjury, a certification whether 
        or not such independent expenditure is made in 
        cooperation, consultation, or concert with, or at the 
        request or suggestion of any candidate or any 
        authorized committee or agent of such candidate; and
          (C) the identification of each person who made a 
        contribution in excess of $200 to the person filing 
        such statement which was made for the purpose of 
        furthering an independent expenditure.
Any independent expenditure (including those described in 
subsection (b)(6)(B)(iii) of this section), aggregating $1,000 
or more made after the 20th day, but more than 24 hours, before 
any election shall be reported within 24 hours after such 
independent expenditure is made. Such statement shall be filed 
with the Secretary, or the Commission and the Secretary of 
State and shall contain the information required by subsection 
(b)(6)(B)(iii) of this section, indicating whether the 
independent expenditure is in support of, or in opposition to, 
the candidate involved.
    (3) The Commission shall be responsible for expeditiously 
preparing indices which set forth, on a candidate-by-candidate 
basis, all independent expenditures separately, including those 
reported under section (b)(6)(B)(iii) of this section, made by 
or for each candidate, as reported under this subsection, and 
for periodically publishing such indices on a timely pre-
election basis.
Pub.L. 92-225, Title III, Sec. 304, Feb. 7, 1972, 86 Stat. 14, 
            as amended by Pub.L. 93-113, Title II, 
            Sec. Sec. 204(a)-(c), 208(c)(4), Oct. 15, 1974, 88 
            Stat. 1276, 1277, 1278, 1286; Pub.L. 94-283, Title 
            I, Sec. 104, May 11, 1976, 90 Stat. 480, and 
            amended by Pub.L. 96-187, Title I, Sec. 104, Jan. 
            8, 1980, 93 Stat. 1348; Pub.L. 99-514, Sec. 2, Oct. 
            22, 1986, 100 Stat. 2095; Pub.L. 104-79, 
            Sec. Sec. 1(a), 3(b), Dec. 28, 1995, 109 Stat. 791, 
            792.

2 U.S.C. Sec. 435. [Requirements relating to campaign advertising] 
                    Repealed.

    [2 U.S.C. Sec. 435 (based on Pub.L. 92-225, Title III, 
Sec. 305, Feb. 7, 1972, 86 Stat. 16; as amended by Pub.L. 93-
443, Title II, Sec. 205, Oct. 15, 1974, 88 Stat. 1278) was 
repealed by Pub.L. 96-187, Title I, Sec. 105(a)(1) Jan. 8, 
1980, 93 Stat. 1354.]

2 U.S.C. Sec. 436. [Formal requirements respecting reports and 
                    statements] Repealed.

    [2 U.S.C. Sec. 436 (based on Pub.L. 92-225, Title III, 
Sec. 306, Feb. 7, 1972, 86 Stat. 16; as amended by Pub.L. 93-
443, Title II, Sec. Sec. 206, 207, 208(a)(5), Oct. 15, 1974, 88 
Stat. 1278, 1279, 1286; Pub.L. 94-283, Title I, Sec. 115(a)(1), 
May 11, 1976, 90 Stat. 495) was repealed by Pub.L. 96-187, 
Title I, Sec. 105(a)(1), Jan. 8, 1980, 93 Stat. 1354.]

2 U.S.C. Sec. 437. Reports on convention financing

    Each committee 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 such 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 
        arrangements for the convention of such party held to 
        nominate a candidate 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 
Commission a full and complete financial statement, in such 
form and detail as it may prescribe of the sources from which 
it derived its funds, and the purposes for which such funds 
were expended.
Pub.L. 92-225, Title III, Sec. 305, formerly Sec. 307, Feb. 7, 
            1972, 86 Stat. 16, as amended by Pub.L. 93-443, 
            Title II, Sec. 208(c)(6), Oct. 15, 1974, 88 Stat. 
            1286, and renumbered and amended by Pub.L. 96-187, 
            Title I, Sec. Sec. 105(a)(2), 112(a), Jan. 8, 1980, 
            93 Stat. 1354, 1366.

2 U.S.C. Sec. 437a. [Reports by certain persons] Repealed.

    [2 U.S.C. Sec. 437a (which was based on section 308 of 
Pub.L. 94-225, as added by section 208(a) of Pub.L. 93-443) as 
repealed by Pub.L. 94-283, Title I, Sec. 105, May 11, 1976, 90 
Stat. 481.]

2 U.S.C. Sec. 437b. [Campaign depositories] Repealed.

    [2 U.S.C. Sec. 437b (based on Pub.L. 92-225 Title III, 
Sec. 308, formerly Sec. 309, as added by Pub.L. 93-443, Title 
II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1280, and renumbered 
and amended by Pub.L. 94-283, Title I, Sec. Sec. 105, 106, 
115(i), May 11, 1976, 90 Stat. 481, 496) was repealed by Pub.L. 
96-187, Title I, Sec. 105(a)(1), Jan. 8, 1980, 93 Stat. 1354.]

2 U.S.C. Sec. 437c. Federal Election Commission--Establishment; 
                    membership; term of office; vacancies; 
                    qualifications; compensation; chairman and vice 
                    chairman

    (a)(1) There is established a commission to be known as the 
Federal Election Commission. The Commission is composed of the 
Secretary of the Senate and the Clerk of the House of 
Representatives or their designees, ex officio and without the 
right to vote, and 6 members appointed by the President, by and 
with the advice and consent of the Senate. No more than 3 
members of the Commission appointed under this paragraph may be 
affiliated with the same political party.
    (2)(A) Members of the Commission shall serve for terms of 6 
years, except that of the members first appointed--
          (i) two of the members, not affiliated with the same 
        political party, shall be appointed for terms ending on 
        April 30, 1977;
          (ii) two of the members, not affiliated with the same 
        political party, shall be appointed for terms ending on 
        April 30, 1979; and
          (iii) two of the members, not affiliated with the 
        same political party, shall be appointed for terms 
        ending on April 30, 1981.
    (B) A member of the Commission may serve on the Commission 
after the expiration of his or her term until his or her 
successor has taken office as a member of the Commission.
    (C) 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 or she 
succeeds.
    (D) Any vacancy occurring in the membership 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 
experience, integrity, impartiality, and good judgment and 
members (other than the Secretary of the Senate and the Clerk 
of the House of Representatives) shall be individuals who, at 
the time appointed to the Commission, are not elected or 
appointed officers or employees in the executive, legislative 
or judicial branch of the Federal Government. Such members of 
the Commission shall not engage in any other business, 
vocation, or employment. Any individual who is engaging in any 
other business, vocation, or employment at the time of his or 
her appointment to the Commission shall terminate or liquidate 
such activity no later than 90 days after such appointment.
    (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 one year. A member may serve as chairman only once 
during any term of office to which such member 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.

   administration, enforcement, and formulation of policy; exclusive 
    jurisdiction of civil enforcement, congressional authorities or 
         functions with respect to elections for federal office

    (b)(1) The Commission shall administer, seek to obtain 
compliance with, and formulate policy with respect to, this Act 
and chapter 95 and chapter 96 of title 26. The Commission shall 
have exclusive jurisdiction with respect to the civil 
enforcement of such provisions.
    (2) Nothing in this Act shall be construed to limit, 
restrict, or diminish any investigatory, informational, 
oversight, supervisory, or disciplinary authority or function 
of the Congress or any committee of the Congress with respect 
to elections for Federal office.

             voting requirements; delegation of authorities

    (c) All decisions of the Commission with respect to the 
exercise of its duties and powers under the provisions of this 
Act 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 or her vote or any decisionmaking authority or duty 
vested in the Commission by the provisions of this Act, except 
that the affirmative vote of 4 members of the Commission shall 
be required in order for the Commission to take any action in 
accordance with paragraph (6), (7), (8), or (9) of section 
437d(a) of this title or with chapter 95 or chapter 96 of title 
26.

                                meetings

    (d) The Commission shall meet at least once each month and 
also at the call of any member.

  rules for conduct of activities; judicial notice of seal; principal 
                                 office

    (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).

   staff director and general counsel; appointment and compensation; 
     appointment and compensation of personnel and procurement of 
intermittent services by staff director; use of assistance, personnel, 
and facilities of federal agencies and departments; counsel for defense 
                               of actions

    (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 counsel 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 or she considers desirable 
without regard to the provisions of title 5 governing 
appointments in the competitive service.
    (2) With the approval of the Commission, the staff director 
may procure temporary and intermittent services to the same 
extent as is authorized by section 3109(b) of title 5 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 Commission shall, to the fullest extent practicable, avail 
itself of the assistance, including personnel and facilities of 
other agencies and departments of the United States. The heads 
of such agencies and departments may make available to the 
Commission such personnel, facilities, and other assistance, 
with or without reimbursement as the Commission may request.
    (4) Notwithstanding the provisions of paragraph (2), the 
Commission is authorized to appear in and defend against any 
action instituted under this Act; either (A) by attorneys 
employed in its office, or (B) by counsel whom it may appoint, 
on a temporary basis as may be necessary for such purpose, 
without regard to the provisions of title 5 governing 
appointments in the competitive service, and whose compensation 
it may fix without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title. The compensation of 
counsel so appointed on a temporary basis shall be paid out of 
any funds otherwise available to pay the compensation of 
employees of the commission.
Pub.L. 92-225, Title III, Sec. 306, formerly Sec. 310, as added 
            by Pub.L. 93-443, Title II, Sec. 208(a), Oct. 15, 
            1974, 88 Stat. 1280; as amended and renumbered by 
            Pub.L. 94-283, Title I, Sec. Sec. 101(a)-(d), 105, 
            May 11, 1976, 90 Stat. 475, 481; and as amended and 
            renumbered by Pub.L. 96-187, Title I, 
            Sec. Sec. 105(a) (3), (6), 112(b), Jan. 8, 1980, 93 
            Stat. 1354, 1366; Pub.L. 99-514, Sec. 2, Oct. 22, 
            1986, 100 Stat. 2095.

2 U.S.C. Sec. 437d. Powers of Commission--Specific authorities

    (a) The Commission has the power--
          (1) to require by special or general orders, any 
        person to submit, under oath, such written reports and 
        answers to questions as the Commission may prescribe;
          (2) to administer oaths or affirmations;
          (3) to require by subpena, signed by the chairman or 
        the vice chairman, the attendance and testimony of 
        witnesses and the production of all documentary 
        evidence relating to the execution 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 evidence in the same 
        manner as authorized under paragraph (3);
          (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 actions for 
        injunctive, declaratory, or other appropriate relief), 
        defend (in the case of any civil action brought under 
        section 437g(a)(8) of this title) or appeal any civil 
        action in the name of the Commission to enforce the 
        provisions of this Act and chapter 95 and chapter 96 of 
        title 26, through its general counsel;
          (7) to render advisory opinions under section 437f of 
        this title;
          (8) to develop such prescribed forms and to make, 
        amend, and repeal such rules, pursuant to the 
        provisions of chapter 5 of title 5 as are necessary to 
        carry out the provisions of this Act and chapter 95 and 
        chapter 96 of title 26; and
          (9) to conduct investigations and hearings 
        expeditiously, to encourage voluntary compliance, and 
        to report apparent violations to the appropriate law 
        enforcement authorities.

judicial orders for compliance with subpenas and orders of commission; 
                           contempt of court

    (b) Upon petition by the Commission, any United States 
district court within the jurisdiction of which any inquiry is 
being carried on may, 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. Any failure to 
obey the order of the court may be punished by the court as a 
contempt thereof.

             civil liability for disclosure of information

    (c) No person shall be subject to civil liability to any 
person (other than the Commission or the United States) for 
disclosing information at the request of the Commission.

  concurrent transmissions to congress or member of budget estimates, 
 etc.; prior submission of legislative recommendations, testimony, or 
                        comments on legislation

    (d)(1) Whenever the Commission submits any budget estimate 
or request to the President or the Office of Management and 
Budget, it shall concurrently transmit a copy of such estimate 
or request to the Congress.
    (2) Whenever the Commission submits any legislative 
recommendation, or testimony, or comments on legislation, 
requested by the Congress or by any Member of the Congress, to 
the President or the Office of Management and Budget, it shall 
concurrently transmit a copy thereof to the Congress or to the 
Member requesting the same. No officer or agency of the United 
States shall have any authority to require the Commission to 
submit its legislative recommendations, testimony, or comments 
on legislation, to any office or agency of the United States 
for approval, comments, or review, prior to the submission of 
such recommendations, testimony, or comments to the Congress.

                 exclusive civil remedy for enforcement

    (e) Except as provided in section 437g(a)(8) of this title 
the power of the Commission to initiate civil actions under 
subsection (a)(6) of this section shall be the exclusive civil 
remedy for the enforcement of the provisions of this Act.
Pub.L. 92-225, Title III, Sec. 307, formerly Sec. 311, as added 
            by Pub.L. 93-443, Title II, Sec. 208(a), Oct. 15, 
            1974, 88 Stat. 1282; as amended and renumbered by 
            Pub.L. 94-283, Title I, Sec. Sec. 105, 107, 
            115(a)(2), May 11, 1976, 90 Stat. 481, 495; and as 
            amended and renumbered by Pub.L. 96-187, Title I, 
            Sec. Sec. 105(a)(3), 106, Jan. 8, 1980, 93 Stat. 
            1354, 1356; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 
            100 Stat. 2095.

2 U.S.C. Sec. 437e. [Reports] Repealed.

    [2 U.S.C. Sec. 437e (based on Pub.L. 92-225, Title III, 
Sec. 311, formerly Sec. 312, as added by Pub.L. 93-443, Title 
II Sec. 208(a), Oct. 15, 1974, 88 Stat. 1283, and renumbered by 
Pub.L. 94-283, Title I, Sec. 105, May 11, 1976, 80 Stat. 481) 
was repealed by Pub.L. 96-187, Title I, Sec. 105(a)(1), Jan. 8, 
1980, 93 Stat. 1354.]

2 U.S.C. Sec. 437f. Advisory Opinions

  requests by persons, candidates, or authorized committees; subject 
                       matter; time for response

    (a)(1) Not later than 60 days after the Commission receives 
from a person a complete written request concerning the 
application of this Act, chapter 95 or chapter 96 of title 26, 
or a rule or regulation prescribed by the Commission, with 
respect to a specific transaction or activity by the person, 
the Commission shall render a written advisory opinion relating 
to such transaction or activity to the person.
    (2) If an advisory opinion is requested by a candidate, or 
any authorized committee of such candidate, during the 60-day 
period before any election for Federal office involving the 
requesting party, the Commission shall render a written 
advisory opinion relating to such request no later than 20 days 
after the Commission receives a complete written request.

procedures applicable to initial proposal of rules or regulations, and 
                           advisory opinions

    (b) Any rule of law which is not stated in this Act or in 
chapter 95 or chapter 96 of title 26 may be initially proposed 
by the Commission only as a rule or regulation pursuant to 
procedures established in section 438(d) of this title. No 
opinion of any advisory nature may be issued by the Commission 
or any of its employees except in accordance with the 
provisions of this section.

 persons entitled to rely upon opinions; scope of protection for good 
                             faith reliance

    (c)(1) Any advisory opinion rendered by the Commission 
under subsection (a) of this section may be relied upon by--
          (A) any person involved in the specific transaction 
        or activity with respect to which such advisory opinion 
        is rendered; and
          (B) any person involved in any specific transaction 
        or activity which is indistinguishable in all its 
        material aspects from the transaction or activity with 
        respect to which such advisory opinion is rendered.
    (2) Notwithstanding any other provisions of law, any person 
who relies upon any provision or finding of an advisory opinion 
in accordance with the provisions of paragraph (1) and who acts 
in good faith in accordance with the provisions and findings of 
such advisory opinion shall not, as a result of any such act, 
be subject to any sanction provided by this Act or by chapter 
95 or chapter 96 of title 26.

  requests made public; submission of written comments by interested 
                                 public

    (d) The Commission shall make public any request made under 
subsection (a) of this section for an advisory opinion. Before 
rendering an advisory opinion, the Commission shall accept 
written comments submitted by any interested party within the 
10-day period following the date the request is made public.
Pub.L. 92-225, Title III, Sec. 308, formerly Sec. 313, as added 
            by Pub.L. 93-443, Title I, Sec. 208(a), Oct. 15, 
            1974, 88 Stat. 1283; amended and renumbered by 
            Pub.L. 94-283, Title I, Sec. Sec. 105, 108, May 11, 
            1976, 90 Stat. 481, 482; and amended and renumbered 
            by Pub.L. 96-187, Title I, Sec. Sec. 105(a)(4), 
            107, Jan 8, 1980, Stat. 1354, 1357; Pub.L. 99-514, 
            Sec. 2, Oct. 22, 1986, 100 Stat. 2095.

2 U.S.C. Sec. 437g. Enforcement--Administrative and judicial practice 
                    and procedure

    (a)(1) Any person who believes a violation of this Act or 
of chapter 95 or chapter 96 of title 26, 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 and subject to the provisions of section 1001 of 
title 18. Within 5 days after receipt of a complaint, the 
Commission shall notify, in writing, any person alleged in the 
complaint to have committed such a violation. Before the 
Commission conducts any vote on the complaint, other than a 
vote to dismiss, any person so notified shall have the 
opportunity to demonstrate in writing to the Commission within 
15 days after notification that no action should be taken 
against such person on the basis of the complaint. The 
Commission may not conduct any investigation or take any other 
action under this section solely on the basis of a complaint of 
a person whose identity is not disclosed to the Commission.
    (2) If the Commission, upon receiving a complaint under 
paragraph (1) or on the basis of information ascertained in the 
normal course of carrying out its supervisory responsibilities, 
determines, by an affirmative vote of 4 of its members, that it 
has reason to believe that a person has committed, or is about 
to commit, a violation of this Act or chapter 95 or chapter 96 
of title 26, the Commission shall, through its chairman or vice 
chairman, notify the person of the alleged violation. Such 
notification shall set forth the factual basis for such alleged 
violations. The Commission shall make an investigation of such 
alleged violation, which may include a field investigation or 
audit, in accordance with the provisions of this section.
    (3) The general counsel of the Commission shall notify the 
respondent of any recommendation to the Commission by the 
general counsel to proceed to a vote on probable cause pursuant 
to paragraph (4)(A)(i). With such notification, the general 
counsel shall include a brief stating the position of the 
general counsel on the legal and factual issues of the case. 
Within 15 days of receipt of such brief, respondent may submit 
a brief stating the position of such respondent on the legal 
and factual issues of the case, and replying to the brief of 
general counsel. Such briefs shall be filed with the Secretary 
of the Commission and shall be considered by the Commission 
before proceeding under paragraph (4).
    (4)(A)(i) Except as provided in clause (ii), if the 
Commission determines by an affirmative vote of 4 of its 
members, that there is probable cause to believe that any 
person has committed, or is about to commit, a violation of 
this Act or of chapter 95 or chapter 96 of title 26, the 
Commission shall attempt, for a period of at least 30 days, to 
correct or prevent such violation by informal methods of 
conference, conciliation, and persuasion, and to enter into a 
conciliation agreement with any person involved. Such attempt 
by the Commission to correct or prevent such violation may 
continue for a period of not more than 90 days. The Commission 
may not enter into a conciliation agreement under this clause 
except pursuant to an affirmative vote of 4 of its members. A 
conciliation agreement, unless violated, is a complete bar to 
any further action by the Commission, including the bringing of 
a civil proceeding under paragraph (6)(A).
    (ii) If any determination of the Commission under clause 
(i) occurs during the 45-day period immediately preceding any 
election, then the Commission shall attempt, for a period of at 
least 15 days, to correct or prevent the violation involved by 
the methods specified in clause (i).
    (B)(i) No action by the Commission or any person, and no 
information derived, in connection with any conciliation 
attempt by the Commission under subparagraph (A) may be made 
public by the Commission without the written consent of the 
respondent and the Commission.
    (ii) If a conciliation agreement is agreed upon by the 
Commission and the respondent, the Commission shall make public 
any conciliation agreement signed by both the Commission and 
the respondent. If the Commission makes a determination that a 
person has not violated this Act or chapter 95 or chapter 96 of 
title 26 the Commission shall make public such determination.
    (5)(A) If the Commission believes that a violation of this 
Act or of chapter 95 or chapter 96 of title 26 has been 
committed, a conciliation agreement entered into by the 
Commission under paragraph (4)(A) may include a requirement 
that the person involved in such conciliation agreement shall 
pay a civil penalty which does not exceed the greater of $5,000 
or an amount equal to any contribution or expenditure involved 
in such violation.
    (B) If the Commission believes that a knowing and willful 
violation of this Act or of chapter 95 or chapter 96 of title 
26 has been committed, a conciliation agreement entered into by 
the Commission under paragraph (4)(A) may require that the 
person involved in such conciliation agreement shall pay a 
civil penalty which does not exceed the greater of $10,000 or 
an amount equal to 200 percent of any contribution or 
expenditure involved in such violation.
    (C) If the Commission by an affirmative vote of 4 of its 
members, determines that there is probable cause to believe 
that a knowing and willful violation of this Act which is 
subject to subsection (d) of this section, or a knowing and 
willful violation of chapter 95 or chapter 96 of title 26, has 
occurred or is about to occur, it may refer such apparent 
violation to the Attorney General of the United States without 
regard to any limitations set forth in paragraph (4)(A).
    (D) In any case in which a person has entered into a 
conciliation agreement with the Commission under paragraph 
(4)(A), the Commission may institute a civil action for relief 
under paragraph (6)(A) if it believes that the person has 
violated any provision of such conciliation agreement. For the 
Commission to obtain relief in any civil action, the Commission 
need only establish that the person has violated, in whole or 
in part, any requirement of such conciliation agreement.
    (6)(A) If the Commission is unable to correct or prevent 
any violation of this Act or of chapter 95 or chapter 96 of 
title 26, by the methods specified in paragraph (4)(A), the 
Commission may, upon an affirmative vote of 4 of its members, 
institute a civil action for relief, including a permanent or 
temporary injunction, restraining order, or any other 
appropriate order (including an order for a civil penalty which 
does not exceed the greater of $5,000 or an amount equal to any 
contribution or expenditure involved in such violation) in the 
district court of the United States for the district in which 
the person against whom such action is brought is found, 
resides, or transacts business.
    (B) In any civil action instituted by the Commission under 
subparagraph (A), the court may grant a permanent or temporary 
injunction, restraining order, or other order, including a 
civil penalty which does not exceed the greater of $5,000 or an 
amount equal to any contribution or expenditure involved in 
such violation, upon a proper showing that the person involved 
has committed, or is about to commit (if the relief sought is a 
permanent or temporary injunction or a restraining order), a 
violation of this Act or chapter 95 or chapter 96 of title 26.
    (C) In any civil action for relief instituted by the 
Commission under subparagraph (A), if the court determines that 
the Commission has established that the person involved in such 
civil action has committed a knowing and willful violation of 
this Act or of chapter 95 or chapter 96 of title 26, the court 
may impose a civil penalty which does not exceed the greater of 
$10,000 or an amount equal to 200 percent of any contribution 
or expenditure involved in such violation.
    (7) In any action brought under paragraph (5) or (6), 
subpenas for witnesses who are required to attend a United 
States district court may run into any other district.
    (8)(A) Any party aggrieved by an order of the Commission 
dismissing a complaint filed by such party under paragraph (1), 
or by a failure of the Commission to act on such complaint 
during the 120-day period beginning on the date the complaint 
is filed, may file a petition with the United States District 
Court for the District of Columbia.
    (B) Any petition under subparagraph (A) shall be filed, in 
the case of a dismissal of a complaint by the Commission, 
within 60 days after the date of the dismissal.
    (C) In any proceeding under this paragraph the court may 
declare that the dismissal of the complaint or the failure to 
act is contrary to law, and may direct the Commission to 
conform with such declaration within 30 days, failing which the 
complainant may bring, in the name of such complainant, a civil 
action to remedy the violation involved in the original 
complaint.
    (9) Any judgment of a district court under this subsection 
may be appealed to the court of appeals, and the judgment of 
the court of appeals affirming or setting aside, in whole or in 
part, any such order of the district court shall be final, 
subject to review by the Supreme Court of the United States 
upon certiorari or certification as provided in section 1254 of 
title 28, United States Code.
    (10) [Repealed]
    (11) If the Commission determines after an investigation 
that any person has violated an order of the court entered in a 
proceeding brought under paragraph (6), it may petition the 
court for an order to hold such person in civil contempt, but 
if it believes the violation to be knowing and willful it may 
petition the court for an order to hold such person in criminal 
contempt.
    (12)(A) Any notification or investigation made under this 
section shall not be made public by the Commission or by any 
person without the written consent of the person receiving such 
notification or the person with respect to whom such 
investigation is made.
    (B) Any member or employee of the Commission, or any other 
person, who violates the provisions of subparagraph (A) shall 
be fined not more than $2,000. Any such member, employee, or 
other person who knowingly and willfully violates the 
provisions of subparagraph (A) shall be fined not more than 
$5,000.

 notice to persons not filing required reports prior to institution of 
  enforcement action; publication of identity of persons and unfiled 
                                reports

    (b) Before taking any action under subsection (a) of this 
section against any person who has failed to file a report 
required under section 434(a)(2)(A)(iii) of this title for the 
calendar quarter immediately preceding the election involved, 
or in accordance with section 434(a)(2)(A)(i), the Commission 
shall notify the person of such failure to file the required 
reports. If a satisfactory response is not received within 4 
business days after the date of notification, the Commission 
shall, pursuant to section 438(a)(7) of this title, publish 
before the election the name of the person and the report or 
reports such person has failed to file.

           reports by attorney general of apparent violation

    (c) Whenever the Commission refers an apparent violation to 
the Attorney General, the Attorney General shall report to the 
Commission any action taken by the Attorney General regarding 
the apparent violation. Each report shall be transmitted within 
60 days after the date the Commission refers an apparent 
violation, and every 30 days thereafter until the final 
disposition of the apparent violation.

              penalties; defenses; mitigation of offenses

    (d)(1)(A) Any person who knowingly and willfully commits a 
violation of any provision of this Act which involves the 
making, receiving, or reporting of any contribution or 
expenditure aggregating $2,000 or more during a calendar year 
shall be fined, or imprisoned for not more than one year, or 
both. The amount of this fine shall not exceed the greater of 
$25,000 or 300 percent of any contribution or expenditure 
involved in such violation.
    (B) In the case of a knowing and willful violation of 
section 441b(b)(3) of this title, the penalties set forth in 
this subsection shall apply to a violation involving an amount 
aggregating $250 or more during a calendar year. Such violation 
of section 441b(b)(3) of this title, may incorporate a 
violation of section 441c(b), 441f or 441g of this title.
    (C) In the case of a knowing and willful violation of 
section 441h of this title, the penalties set forth in this 
subsection shall apply without regard to whether the making, 
receiving, or reporting of a contribution or expenditure of 
$1,000 or more is involved.
    (2) In any criminal action brought for a violation of any 
provision of this Act or of chapter 95 or chapter 96 of Title 
26, any defendant may evidence their lack of knowledge or 
intent to commit the alleged violation by introducing as 
evidence a conciliation agreement entered into between the 
defendant and the Commission under subsection (a)(4)(A) of this 
section, which specifically deals with the act or failure to 
act constituting such violation and which is still in effect.
    (3) In any criminal action brought for a violation of any 
provision of this Act or chapter 95 or chapter 96 of Title 26, 
the court before which such action is brought shall take into 
account, in weighing the seriousness of the violation and in 
considering the appropriateness of the penalty to be imposed if 
the defendant is found guilty, whether--
          (A) the specific act or failure to act which 
        constitutes the violation for which the action was 
        brought is the subject of a conciliation agreement 
        entered into between the defendant and the Commission 
        under subparagraph (a)(4)(A);
          (B) the conciliation agreement is in effect; and
          (C) the defendant is, with respect to the violation 
        involved, in compliance with the conciliation 
        agreement.
Pub.L. 92-225, Title III, Sec. 309, formerly Sec. 314, as added 
            by Pub.L. 93-443, Title II, Sec. 208(a), Oct. 15, 
            1974, 88 Stat. 1284; amended and renumbered by 
            Pub.L. 94-283, Title I, Sec. Sec. 105, 109, May 11, 
            1976, 90 Stat. 481, 483; and amended and renumbered 
            by Pub.L. 96-187, Title I, Sec. Sec. 105(a)(4), 
            108, Jan. 8, 1980, 93 Stat. 1354, 1358-62; and 
            amended by Pub.L. 98-620, Title IV, subtitle A, 
            Sec. 402(1)(A), Nov. 8, 1984, 98 Stat. 3357; Pub.L. 
            99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2905.

2 U.S.C. Sec. 437h. Judicial review

    The Commission, the national committee of any political 
party, or any individual eligible to vote in any election for 
the office of President may institute such actions in the 
appropriate district court of the United States, including 
actions for declaratory judgment, as may be appropriate to 
construe the constitutionality of any provision of this Act. 
The district court immediately shall certify all questions of 
constitutionality of this Act to the United States court of 
appeals for the circuit involved, which shall hear the matter 
sitting en banc.
Pub.L. 92-225, Title III, Sec. 310, formerly Sec. 315, as added 
            by Pub.L. 93-443, Title II, Sec. 208, Oct. 15, 
            1974, 88 Stat. 1285; amended and renumbered by 
            Pub.L. 94-283, Title I, Sec. Sec. 105, 115(e), May 
            11, 1976, 90 Stat. 481, 496; and amended and 
            renumbered by Pub.L. 96-187, Sec. Sec. 105(a)(4), 
            112(c), Jan. 8, 1980, 93 Stat. 1354, 1366; amended 
            by Pub.L. 98-620, Title IV, subtitle A, 
            Sec. 402(1)(B), Nov. 8, 1984, 98 Stat; and amended 
            by Pub.L. 100-352, 6(a), June 27, 1988, 102 Stat. 
            663.

2 U.S.C. Sec. 438. Administrative provisions--Duties of Commission

    (a) The Commission shall--
          (1) prescribe forms necessary to implement this Act;
          (2) prepare, publish, and furnish to all persons 
        required to file reports and statements under this Act 
        a manual recommending uniform methods of bookkeeping 
        and reporting;
          (3) develop a filing, coding, and cross-indexing 
        system consistent with the purposes of this Act;
          (4) within 48 hours after the time of the receipt by 
        the Commission of reports and statements filed with it, 
        make them available for public inspection, and copying, 
        at the expense of the person requesting such copying, 
        except that any information copied from such reports or 
        statements may not be sold or used by any person for 
        the purpose of soliciting contributions or for 
        commercial purposes, other than using the name and 
        address of any political committee to solicit 
        contributions from such committee. A political 
        committee may submit 10 pseudonyms on each report filed 
        in order to protect against the illegal use of names 
        and addresses of contributors, provided such committee 
        attaches a list of such pseudonyms to the appropriate 
        report. The Secretary, or the Commission shall exclude 
        these lists from the public record;
          (5) keep such designations, reports, and statements 
        for a period of 10 years from the date of receipt, 
        except that designations, reports, and statements that 
        relate solely to candidates for the House of 
        Representatives shall be kept for 5 years from the date 
        of their receipt;
          (6)(A) compile and maintain a cumulative index of 
        designations, reports, and statements filed under this 
        Act, which index shall be published at regular 
        intervals and made available for purchase directly or 
        by mail;
          (B) compile, maintain, and revise a separate 
        cumulative index of reports and statements filed by 
        multi-candidate committees including in such index a 
        list of multi-candidate committees; and
          (C) compile and maintain a list of multi-candidate 
        committees, which shall be revised and made available 
        monthly;
          (7) prepare and publish periodically lists of 
        authorized committees which fail to file reports and 
        required by this Act;
          (8) prescribe rules, regulations, and forms to carry 
        out the provisions of this Act, in accordance with the 
        provisions of subsection (d) of this section;
          (9) transmit to the President and to each House of 
        the Congress no later than June 1 of each year, a 
        report which states in detail the activities of the 
        Commission in carrying out its duties under this Act, 
        and any recommendations for any legislative or other 
        action the Commission considers appropriate; and
          (10) serve as national clearinghouse for the 
        compilation of information and review of procedures 
        with respect to the administration of Federal 
        elections. The Commission may enter into contracts for 
        the purpose of conducting studies under this paragraph. 
        Reports or studies made under this paragraph shall be 
        available to the public upon the payment of the cost 
        thereof, except that copies shall be made available 
        without cost, upon request, to agencies and branches of 
        the Federal Government.

                    audits and field investigations

    (b) The Commission may conduct audits and field 
investigations of any political committee required to file a 
report under section 434 of this title. All audits and field 
investigations concerning the verification for, and receipt and 
use of, any payments received by a candidate or committee under 
chapter 95 or chapter 96 of Title 26 shall be given priority. 
Prior to conducting any audit under this subsection, the 
Commission shall perform an internal review of reports filed by 
selected committees to determine if the reports filed by a 
particular committee meet the threshold requirements for 
substantial compliance with the Act. Such thresholds for 
compliance shall be established by the Commission. The 
Commission may, upon an affirmative vote of 4 of its members, 
conduct an audit and field investigation of any committee which 
does meet the threshold requirements established by the 
Committee. Such audit shall be commenced within 30 days of such 
vote, except that any audit of an authorized committee of a 
candidate, under the provisions of this subsection, shall be 
commenced within 6 months of the election for which such 
committee is authorized.

  statutory provisions applicable to forms and information-gathering 
                               activities

    (c) Any forms prescribed by the Commission under subsection 
(a)(1) of this section, and any information-gathering 
activities of the Commission under this Act, shall not be 
subject to the provisions of section 3512 of title 44.

  rules, regulations, or forms; issuance, procedures applicable, etc.

    (d)(1) Before prescribing any rule, regulation, or form 
under this section or any other provision of this Act, the 
Commission shall transmit a statement with respect to such 
rule, regulation, or form to the Senate and the House of 
Representatives, in accordance with this subsection. Such 
statement shall set forth the proposed rule, regulation, or 
form, and shall contain a detailed explanation and 
justification of it.
    (2) If either House of the Congress does not disapprove by 
resolution any proposed rule or regulation submitted by the 
Commission under this section within 30 legislative days after 
the date of the receipt of such proposed rule or regulation or 
within 10 legislative days after the date of receipt of such 
proposed form, the Commission may prescribe such rule, 
regulation, or form.
    (3) For purposes of this subsection, the term ``legislative 
day'' means, with respect to statements transmitted to the 
Senate, any calendar day on which the Senate is in session, and 
with respect to statements transmitted to the House of 
Representatives, any calendar day on which the House of 
Representatives is in session.
    (4) For purposes of this subsection, the terms ``rule'' and 
``regulation'' mean a provision or series of interrelated 
provisions stating a single, separable rule of law.
    (5)(A) A motion to discharge a committee of the Senate from 
the consideration of a resolution relating to any such rule, 
regulation, form or motion to proceed to the consideration of 
such a resolution, is highly privileged and shall be decided 
without debate.
    (B) Whenever a committee of the House of Representatives 
reports any resolution relating to any such form, rule or 
regulation, it is at any time thereafter in order (even though 
a previous motion to the same effect has been disagreed to) to 
move to proceed to the consideration of the resolution. The 
motion is highly privileged and is not debatable. An amendment 
to the motion is not in order, and it is not in order to move 
to reconsider the vote by which the motion is agreed to or 
disagreed with.

 scope of protection for good faith reliance upon rules or regulations

    (e) Notwithstanding any other provision of law, any person 
who relies upon any rule or regulation prescribed by the 
Commission in accordance with the provisions of this section 
and who acts in good faith in accordance with such rule or 
regulation shall not, as a result of such act, be subject to 
any sanction provided by this Act or by chapter 95 or chapter 
96 of Title 26.

promulgation of rules, regulations and forms by commission and internal 
       revenue service; report to congress on cooperative efforts

    (f) In prescribing such rules, regulations, and forms under 
this section, the Commission and the Internal Revenue Service 
shall consult and work together to promulgate rules, 
regulations, and forms which are mutually consistent. The 
Commission shall report to the Congress annually on the steps 
it has taken to comply with this subsection.
Pub.L. 92-225, Title III, Sec. 311, formerly Sec. 308, Feb. 7, 
            1972, 86 Stat. 16; as renumbered and amended by 
            Pub.L. 93-443, Title II, Sec. Sec. 208 (a), (c)(8)-
            (10), 209 (a)(1), (b), Oct. 15, 1974, 88 Stat. 
            1279, 1286, 1287; and renumbered and amended by 
            Pub.L. 94-283, Title I, Sec. Sec. 105, 110, May 11, 
            1976, 90 Stat. 481, 486; and as renumbered and 
            amended by Pub.L. 96-187, Title I, 
            Sec. Sec. 105(a)(4), 109, Jan. 8, 1980, 93 Stat. 
            1354, 1362; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 
            100 Stat. 2095; Pub.L. 104-79, Sec. 3(c), Dec. 28, 
            1995, 109 Stat. 792.

2 U.S.C. Sec. 439. Statements filed with State officers; ``appropriate 
                    State'' defined; duties of State officers; waiver 
                    of duplicate filing requirement for States with 
                    electronic access

            statements filed; ``appropriate state'' defined

    (a)(1) A copy of each report and statement required to be 
filed by any person under this Act shall be filed by such 
person with the Secretary of State (or equivalent State 
officer) of the appropriate State, or, if different, the 
officer of such State who is charged by State law with 
maintaining State election campaign reports. The chief 
executive officer of such State shall designate any such 
officer and notify the Commission of any such designation.
    (2) For purposes of this subsection, the term ``appropriate 
State'' means--
          (A) for statements and reports in connection with the 
        campaign for nomination for election of a candidate to 
        the office of President or Vice President, each State 
        in which an expenditure is made on behalf of the 
        candidate; and
          (B) for statements and reports in connection with the 
        campaign for nomination for election, or election, of a 
        candidate to the office of Senator or Representative 
        in, or Delegate or Resident Commissioner to, the 
        Congress, the State in which the candidate seeks 
        election; except that political committees other than 
        authorized committees are only required to file, and 
        Secretaries of State required to keep, that portion of 
        the report applicable to candidates seeking election in 
        that State.

                        duties of state officers

    (b) The Secretary of State (or equivalent State officer), 
or the officer designated under subsection (a)(1) of this 
section, shall--
          (1) receive and maintain in an orderly manner all 
        reports and statements required by this Act to be filed 
        therewith;
          (2) keep such reports and statements (either in 
        original filed form or in facsimile copy by microfilm 
        or otherwise) for 2 years after their date of receipt;
          (3) make each report and statement filed therewith 
        available as soon as practicable (but within 48 hours 
        of receipt) for public inspection and copying during 
        regular business hours, and permit copying of any such 
        report or statement by hand or by duplicating machine 
        at the request of any person, except that such copying 
        shall be at the expense of the person making the 
        request; and
          (4) compile and maintain a current list of all 
        reports and statements pertaining to each candidate.

                       waiver; electronic access

    (c) Subsections (a) and (b) of this section shall not apply 
with respect to any State that, as determined by the 
Commission, has a system that permits electronic access to, and 
duplication of, reports and statements that are filed with the 
Commission.

Pub.L. 92-225, Title III, Sec. 312, formerly Sec. 309, Feb. 7, 
            1972, 86 Stat. 18; as renumbered and amended by 
            Pub.L. 93-443, Title II, Sec. 208 (a), (c)(11), 
            Oct. 15, 1974, 88 Stat. 1279, 1287; renumbered by 
            Pub.L. 94-283, Title I, Sec. 105, May 11, 1976, 90 
            Stat. 481; and as renumbered and amended by Pub.L. 
            96-187, Title I, Sec. Sec. 105(a)(4), 110, Jan. 8, 
            1980, 93 Stat. 1354, 1364; Pub.L. 104-79, Sec. 2, 
            Dec. 28, 1995, 109 Stat. 791.

2 U.S.C. Sec. 439a. Use of contributed amounts for certain purposes

    Amounts received by a candidate as contributions that are 
in excess of any amount necessary to defray his expenditures, 
and any other amounts contributed to an individual for the 
purpose of supporting his or her activities as a holder of 
Federal office, may be used by such candidate or individual, as 
the case may be, to defray any ordinary and necessary expenses 
incurred in connection with his or her duties as a holder of 
Federal office, may be contributed to any organization 
described in section 170(c) of Title 26, or may be used for any 
other lawful purpose, including transfers without limitation to 
any national, State, or local committee of any political party; 
except that no such amounts may be converted by any person to 
any personal use, other than to defray any ordinary and 
necessary expenses incurred in connection with his or her 
duties as a holder of Federal office.
Pub.L. 92-225, Title III, Sec. 313, formerly Sec. 318, as added 
            by Pub.L. 93-443, Title II, Sec. 210, Oct. 15, 
            1974, 88 Stat. 1280; renumbered by Pub.L. 94-283, 
            Title I, Sec. 105, May 11, 1976, 90 Stat. 481; 
            renumbered and amended by Pub.L. 96-187, Title I, 
            Sec. Sec. 105(a)(4), 113, Jan. 8, 1980, 93 Stat. 
            1354, 1366-67, and as amended by Pub.L. 101-194, 
            Title V, Sec. 504, Nov. 30, 1989, 103 Stat. 1755.

2. U.S.C. Sec. 439b. [Prohibition of franked solicitations] Repealed.

    [2 U.S.C. Sec. 439b (based on Pub.L. 92-225, Title III, 
Sec. 318, formerly Sec. 319, as added by Pub.L. 93-443, Title 
II, Sec. 210, 88 Stat. 1289, renumbered by Pub.L. 94-283, Title 
I, Sec. 105, May 11, 1976, 90 Stat. 481) was repealed by Pub.L. 
96-187, Title I, Sec. 105(a)(1), Jan. 8, 1980, 93 Stat. 1354.]

2 U.S.C. Sec. 439c. Authorization of appropriations

    There are authorized to be appropriated to the Commission 
for the purpose of carrying out its functions under this Act, 
and under chapters 95 and 96 of Title 26, not to exceed 
$5,000,000 for the fiscal year ending June 30, 1975. There are 
authorized to be appropriated to the Commission $6,000,000 for 
the fiscal year ending June 30, 1976; $1,500,000 for the period 
beginning July 1, 1976, and ending September 30, 1976; 
$6,000,000 for the fiscal year ending September 30, 1977; 
$7,811,500 for the fiscal year ending September 30, 1978; and 
$9,400,000 (of which not more than $400,000 are authorized to 
be appropriated for the national clearinghouse function 
described in Sec. 438(a)(10) of this title) for the fiscal year 
ending September 30, 1981.
Pub.L. 92-225, Title III, Sec. 314, formerly Sec. 320, as added 
            by Pub.L. 93-443, Title II, Sec. 210, Oct. 15, 
            1974, 88 Stat. 1289; renumbered and amended by 
            Pub.L. 94-283, Title I, Sec. Sec. 105, 113, May 11, 
            1976, 90 Stat. 481, 495; and renumbered by Pub.L. 
            96-187, Title I, Sec. 105(a)(5), Jan. 8, 1980, 93 
            Stat. 1354; Pub.L. 96-253, May 29, 1980, 94 Stat. 
            398; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 
            Stat. 2095.

2 U.S.C. Sec. 440. [Prohibition of contributions in name of another] 
                    Repealed.

    [2 U.S.C. Sec. 440 (based on Pub.L. 92-225, Title III, 
Sec. 310, Feb. 7, 1972, 86 Stat. 19) was repealed by Pub.L. 93-
443, Sec. 101(f)(4), Oct. 15, 1974, 88 Stat. 1268, and replaced 
by a new section 614 of Title 18, U.S.C. Section 614 of Title 
18 was repealed by Pub.L. 94-283, Sec. 201(a), May 11, 1976, 90 
Stat. 496, and replaced by section 441f of Title 2, U.S.C.]

2 U.S.C. Sec. 441. [Penalties for violations] Repealed.

    [2 U.S.C. Sec. 441 (based on Pub.L. 92-225, Title III, 
Sec. 320, formerly Sec. 321, formerly Sec. 311 Feb. 7, 1972, 86 
Stat. 19, renumbered Pub.L. 93-443, Sec. 208(a) and Pub.L. 94-
283, Sec. 105) was repealed by Pub.L. 94-283, Title I, 
Sec. 112(1), May 11, 1976, 90 Stat. 486.]

2 U.S.C. Sec. 441a. Limitations on contributions and expenditures--
                    Dollar limits on contributions

    (a)(1) No person shall make contributions--
          (A) to any candidate and his authorized political 
        committees with respect to any election for Federal 
        office which, in the aggregate, exceed $1,000;
          (B) to the political committees established and 
        maintained by a national political party, which are not 
        the authorized political committees of any candidate, 
        in any calendar year, which, in the aggregate, exceed 
        $20,000; or
          (C) to any other political committee in any calendar 
        year which, in the aggregate, exceed $5,000.
    (2) No multicandidate political committee shall make 
contributions--
          (A) to any candidate and his authorized political 
        committees with respect to any election for Federal 
        office which, in the aggregate, exceed $5,000;
          (B) to the political committees established and 
        maintained by a national political party, which are not 
        the authorized political committees of any candidate, 
        in any calendar year, which, in the aggregate, exceed 
        $15,000; or
          (C) to any other political committee in any calendar 
        year which, in the aggregate, exceed $5,000.
    (3) No individual shall make contributions aggregating more 
than $25,000 in any calendar year. For purposes of this 
paragraph, any contribution made to a candidate in a year other 
than the calendar year in which the election is held with 
respect to which such contribution is made, is considered to be 
made during the calendar year in which such election is held.
    (4) The limitations on contributions contained in 
paragraphs (1) and (2) do not apply to transfers between and 
among political committees which are national, State, district, 
or local committees (including any subordinate committee 
thereof) of the same political party. For purposes of paragraph 
(2), the term ``multicandidate political committee'' means a 
political committee which has been registered under section 433 
of this title 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 
contributions to 5 or more candidates for Federal office.
    (5) For purposes of the limitations provided by paragraph 
(1) and paragraph (2), all contributions made by political 
committees established or financed or maintained or controlled 
by any corporation, labor organization, or any other person, 
including any parent, subsidiary, branch, division, department, 
or local unit of such corporation, labor organization, or any 
other person, or by any group of such persons, shall be 
considered to have been made by a single political committee, 
except that (A) nothing in this sentence shall limit transfers 
between political committees of funds raised through joint fund 
raising efforts; (B) for purposes of the limitations provided 
by paragraph (1) and paragraph (2) all contributions made by a 
single political committee established or financed or 
maintained or controlled by a national committee or a political 
party and by a single political committee established or 
financed or maintained or controlled by the State committee of 
a political party shall not be considered to have been made by 
a single political committee; and (C) nothing in this section 
shall limit the transfer of funds between the principal 
campaign committee of a candidate seeking nomination or 
election to a Federal office and the principal campaign 
committee of that candidate for nomination or election to 
another Federal office if (i) such transfer is not made when 
the candidate is actively seeking nomination or election to 
both such offices; (ii) the limitations contained in this Act 
on contributions by persons are not exceeded by such transfer; 
and (iii) the candidate has not elected to receive any funds 
under chapter 95 or chapter 96 of title 26. In any case in 
which a corporation and any of its subsidiaries, branches, 
divisions, departments, or local units, or a labor organization 
and any of its subsidiaries, branches, divisions, departments, 
or local units establish or finance or maintain or control more 
than one separate segregated fund, all such separate segregated 
funds shall be treated as a single separate segregated fund for 
purposes of the limitations provided by paragraph (1) and 
paragraph (2).
    (6) The limitations on contributions to a candidate 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 of the office of President 
of the United States (except a general election for such 
office) shall be considered to be one election.
    (7) For the purposes of this subsection--
          (A) contributions to a named candidate made to any 
        political committee authorized by such candidate to 
        accept contributions on his behalf shall be considered 
        to be contributions made to such candidate;
          (B)(i) expenditures made by any person in 
        cooperation, consultation, or concert, with, or at the 
        request or suggestion of, a candidate, his authorized 
        political committees, or their agents, shall be 
        considered to be a contribution to such candidate;
          (ii) the financing by any person of the 
        dissemination, distribution, or republication, in whole 
        or in part, of any broadcast or any written, graphic, 
        or other form of campaign materials prepared by the 
        candidate, his campaign committee, or their authorized 
        agents shall be considered to be an expenditure for 
        purposes of this paragraph; and
          (C) contributions made to or for the benefit 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 contributions made to or for 
        the benefit of the candidate of such party for election 
        to the office of President of the United States.
    (8) 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 intermediary or conduit to such candidate, 
shall be treated as contributions from such person to such 
candidate. The intermediary or conduct shall report the 
original source and the intended recipient of such contribution 
to the Commission and to the intended recipient.

DOLLAR LIMITS ON EXPENDITURES BY CANDIDATES FOR OFFICE OF PRESIDENT OF 
                           THE UNITED STATES

    (b)(1) No candidate for the office of President of the 
United States who is eligible under section 9003 of title 26 
(relating to condition for eligibility for payments) or under 
section 9033 of title 26 (relating to eligibility for payments) 
to receive payments from the Secretary of the Treasury may make 
expenditures in excess of--
          (A) $10,000,000, in the case of a campaign for 
        nomination for election to such office, except the 
        aggregate of expenditures under this subparagraph in 
        any one State shall not exceed the greater of 16 cents 
        multiplied by the voting age population of the State 
        (as certified under subsection (e) of this section), or 
        $200,000; or
          (B) $20,000,000 in the case of a campaign for 
        election to such office.
    (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
          (B) an expenditure is made on behalf of a candidate, 
        including a vice presidential candidate, if it is made 
        by--
                  (i) an authorized committee or any other 
                agent of the candidate for 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 the expenditure.

         INCREASES ON LIMITS BASED ON INCREASES IN PRICE INDEX

    (c)(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 percent difference between the 
price 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 (b) of this section and 
subsection (d) of this section shall be increased by such 
percent 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 
        calendar year of the Consumer Price Index (all items--
        United States city average) published monthly by the 
        Bureau of Labor Statistics; and
          (B) the term ``base period'' means the calendar year 
        1974.

  EXPENDITURES BY NATIONAL COMMITTEE, STATE COMMITTEE, OR SUBORDINATE 
   COMMITTEE OF STATE COMMITTEE IN CONNECTION WITH GENERAL ELECTION 
               CAMPAIGN OF CANDIDATES FOR FEDERAL OFFICE

    (d)(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 affiliated 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 (e) of this 
section). Any expenditure under this paragraph shall be in 
addition to any expenditure campaign committee 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 
committee of a State committee, may not make any expenditure in 
connection 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) 2 cents multiplied by the voting age 
                population of the State (as certified under 
                subsection (c) of this section); or
                  (ii) $20,000; and
          (B) in the case of a candidate for election to the 
        office of Representative, Delegate, or Resident 
        Commissioner in any other State, $10,000.

    CERTIFICATION AND PUBLICATION OF ESTIMATED VOTING AGE POPULATION

    (e) During the first week of January 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 
population'' means resident population, 18 years of age or 
older.

               PROHIBITED CONTRIBUTIONS AND EXPENDITURES

    (f) No candidate or political committee shall knowingly 
accept any contribution or make any expenditure in violation of 
the provisions of this section. No officer or employee of a 
political 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 contributions and expenditures under this 
section.

  ATTRIBUTION OR MULTI-STATE EXPENDITURES TO CANDIDATE'S EXPENDITURES 
                        LIMITATION IN EACH STATE

    (g) The Commission shall prescribe rules under which any 
expenditure by a candidate for presidential nominations for use 
in 2 or more States shall be attributed to such candidate's 
expenditure limitation in each such State, based on the voting 
age population in such State which can reasonably be expected 
to be influenced by such expenditure.

                         SENATORIAL CANDIDATES

    (h) Notwithstanding any other provision of this Act, 
amounts totaling not more than $17,500 may be contributed to a 
candidate for nomination for election, or for election, to the 
United States Senate during the year in which an election is 
held in which he is such a candidate, by the Republican or 
Democratic Senatorial Campaign Committee, or the national 
committee of a political party, or any combination of such 
committees.
Pub.L. 92-225, Title III, Sec. 315, formerly Sec. 320, as added 
            by Pub.L. 94-283, Title I, Sec. 112(2), May 11, 
            1976, 90 Stat. 486, renumbered by Pub.L. 96-187, 
            Title I, Sec. 105(a)(5), Jan. 8, 1980, 93 Stat. 
            1354; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 
            Stat. 2095.

2 U.S.C. Sec. 441b. Contributions or expenditures by national banks, 
                    corporations, or labor organizations

    (a) It is unlawful for any national bank, or any 
corporation organized by authority of any law of Congress, to 
make a contribution or expenditure in connection with any 
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, or for any 
corporation whatever, or any labor organization, to make a 
contribution or expenditure 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 connection with any 
primary election or political convention or caucus held to 
select candidates for any of the foregoing offices, or for any 
candidate, political committee, or other person knowingly to 
accept or receive any contribution prohibited by this section, 
or any officer or any director of any corporation or any 
national bank or any officer of any labor organization to 
consent to any contribution or expenditure by the corporation, 
national bank, or labor organization, as the case may be, 
prohibited by this section.
    (b)(1) For the purposes of this section the term ``labor 
organization'' means any organization of any kind, or any 
agency or employee representation committee or plan, in which 
employees participate and which exists for the purpose, in 
whole or in part, of dealing with employers concerning 
grievances, labor disputes, disputes, wages, rates of pay, 
hours of employment, or conditions of work.
    (2) For purposes of this section and section 79l(h) of 
title 15, the term ``contribution or expenditure'' shall 
include any direct or indirect payment, distribution, loan, 
advance, 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 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 shall not include (A) 
communications by a corporation to its stockholders and 
executive or administrative personnel and their families or by 
a labor organization to its members and their families on any 
subject; (B) nonpartisan registration and get-out-the-vote 
campaigns by a corporation aimed at its stockholders and 
executive or administrative personnel and their families, or by 
a labor organization aimed at its members and their families; 
and (C) the establishment, administration, and solicitation of 
contributions to a separate segregated fund to be utilized for 
political purposes by a corporation, labor organization, 
membership organization, cooperative, or corporation without 
capital stock.
    (3) It shall be unlawful--
          (A) for such a fund to make a contribution 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 moneys required as a condition of 
        membership in a labor organization or as a condition of 
        employment, or by moneys obtained in any commercial 
        transaction;
          (B) for any person soliciting an employee for a 
        contribution to such a fund to fail to inform such 
        employee of the political purposes of such a fund at 
        the time of such solicitation; and
          (C) for any person soliciting an employee for a 
        contribution to such a fund to fail to inform such 
        employee, at the time of such solicitation, of his 
        right to refuse to so contribute without any reprisal.
    (4)(A) Except as provided in subparagraphs (B), (C), and 
(D), it shall be unlawful--
          (i) for a corporation, or a separate segregated fund 
        established by a corporation, to solicit contributions 
        to such a fund from any person other than its 
        stockholders and their families and its executive or 
        administrative personnel and their families, and
          (ii) for a labor organization, or a separate 
        segregated fund established by a labor organization, to 
        solicit contributions to such a fund from any person 
        other than its members and their families.
    (B) It shall not be unlawful under this section for a 
corporation, a labor organization, or a separate segregated 
fund established by such corporation or such labor organization 
to make 2 written solicitations for contributions during the 
calendar year from any stockholder, executive or administrative 
personnel, or employee of a corporation or the families of such 
persons. A solicitation under this subparagraph may be made 
only by mail addressed to stockholders, executive or 
administrative personnel, or employees at their residence and 
shall be so designed that the corporation, labor organization, 
or separate segregated fund conducting such solicitation cannot 
determine who makes a contribution of $50 or less as a result 
of such solicitation and who does not make such a contribution.
    (C) This paragraph shall not prevent a membership 
organization, cooperative, or corporation without capital 
stock, or a separate segregated fund established by a 
membership organization, cooperative, or corporation without 
capital stock, from soliciting contributions to such a fund 
from members of such organization, cooperative, or corporation 
without capital stock.
    (D) This paragraph shall not prevent a trade association or 
a separate segregated fund established by a trade association 
from soliciting contributions from the stockholders and 
executive or administrative personnel of the member 
corporations of such trade association and the families of such 
stockholders or personnel to the extent that such solicitation 
of such stockholders and personnel, and their families, has 
been separately and specifically approved by the member 
corporation involved, and such member corporation does not 
approve any such solicitation by more than one such trade 
association in any calendar year.
    (5) Notwithstanding any other law, any method of soliciting 
voluntary contributions or of facilitating the making of 
voluntary contributions to a separate segregated fund 
established by a corporation, permitted by law to corporations 
with regard to stockholders and executive or administrative 
personnel, shall also be permitted to labor organizations with 
regard to their members.
    (6) Any corporation, including its subsidiaries, branches, 
divisions, and affiliates, that utilizes a method of soliciting 
voluntary contributions or facilitating the making of voluntary 
contributions, shall make available such method, on written 
request and at a cost sufficient only to reimburse the 
corporation for the expenses incurred thereby, to a labor 
organization representing any members working for such 
corporation, its subsidiaries, branches, divisions, and 
affiliates.
    (7) For purposes of this section, the term ``executive or 
administrative personnel'' means individuals employed by a 
corporation who are paid on a salary, rather than hourly, basis 
and who have policymaking managerial, professional, or 
supervisory responsibilities.
Pub.L. 92-225, Title III, Sec. 316, formerly Sec. 321, as added 
            by Pub.L. 94-283, Title I, Sec. 112(2), May 11, 
            1976, 90 Stat. 490, renumbered and amended by 
            Pub.L. 96-187, Title I, Sec. Sec. 105(a)(5), 
            112(d), Jan. 8, 1980, 93 Stat. 1354, 1366.

2 U.S.C. Sec. 441c. Contributions by Government contractors--
                    Prohibition

    (a) It shall be unlawful for any person--
          (1) who enters 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 building is to be made in whole or 
        in part from funds appropriated by the Congress, at any 
        time between the commencement of negotiations for and 
        the later of (A) the completion of performance under; 
        or (B) the termination of negotiations for, such 
        contract or furnishing of material, supplies, 
        equipment, land, or buildings, directly or indirectly 
        to make any contribution of money or other things of 
        value, or to promise expressly or impliedly to make any 
        such contribution to any political party, committee, or 
        candidate for public office or to any person for any 
        political purpose or use; or
          (2) knowingly to solicit any such contribution from 
        any such person for any such purpose during any such 
        period.

                       separate segregated funds

    (b) This section does not prohibit or make unlawful the 
establishment or administration of, or the solicitation of 
contributions to, any separate segregated fund by any 
corporation, labor organization, membership organization, 
cooperative, or corporation without capital stock for the 
purpose of influencing the nomination for election, or 
election, of any person to Federal office, unless the 
provisions of section 411b of this title prohibit or make 
unlawful the establishment or administration of, or the 
solicitation of contributions to, such fund. Each specific 
prohibition, allowance, and duty applicable to a corporation, 
labor organization, or separate segregated fund under section 
411b of this title applies to a corporation, labor 
organization, or separate segregated fund to which this 
subsection applies.

                     ``labor organization'' defined

    (c) For purposes of this section, the term ``labor 
organization'' has the meaning given it by section 441b(b)(1) 
of this title.
Pub.L. 92-225, Title III, Sec. 317, formerly Sec. 322, as added 
            by Pub.L. 94-283, Title I, Sec. 112(2), May 11, 
            1976, 90 Stat. 492, renumbered by Pub.L. 96-187, 
            Title I, Sec. 105(a)(5), Jan. 8, 1980, 93 Stat. 
            1354.

2 U.S.C. Sec. 441d. Publication and distribution of political 
                    statements and solicitations

    (a) Whenever any person makes an expenditure for the 
purpose of financing communications expressly advocating the 
election or defeat of a clearly identified candidate, or 
solicits any contribution through any broadcasting station, 
newspaper, magazine, outdoor advertising facility, direct 
mailing, or any other type of general public political 
advertising, such communication--
          (1) if paid for an authorized by a candidate, an 
        authorized political committee of a candidate, or its 
        agents, shall clearly state that the communication has 
        been paid for by such authorized political committee, 
        or
          (2) if paid for by other persons but authorized by a 
        candidate, an authorized political committee of a 
        candidate, or its agents, shall clearly state that the 
        communication is paid for by such other persons and 
        authorized by such authorized political committee;
          (3) if not authorized by a candidate, and authorized 
        political committee of a candidate, or its agents, 
        shall clearly state the name of the person who paid for 
        the communication and state that the communication is 
        not authorized by any candidate or candidate's 
        committee.
    (b) 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.
Pub.L. 92-225, Title III, Sec. 318, formerly Sec. 323, as added 
            by Pub.L. 94-283, Title I, Sec. 112(2), May 11, 
            1976, 90 Stat. 493, renumbered and amended by 
            Pub.L. 96-187, Title I, Sec. Sec. 105(a)(5), 111, 
            Jan. 8, 1980, 93 Stat. 1354, 1365-66.

2 U.S.C. Sec. 441e. Contributions by foreign nationals

    (a) It shall be unlawful for a foreign national directly or 
through any other person to make any contribution of money or 
other thing of value, or to promise expressly or impliedly to 
make any such contribution, in connection with an election to 
any political office or in connection with any primary 
election, convention, or caucus held to select candidates for 
any political office; or for any person to solicit, accept, or 
receive any such contribution from a foreign national.
    (b) As used in this section, the term ``foreign national'' 
means--
          (1) a foreign principal, as such term is defined by 
        section 611(b) of title 22, except that the term 
        ``foreign national'' shall not include 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 1101(a)(20) of title 
        8.
Pub.L. 94-225, Title III, Sec. 319, formerly Sec. 324, as added 
            by Pub.L. 94-283, Title I, Sec. 112(2), May 11, 
            1976, 90 Stat. 493, renumbered by Pub.L. 96-187, 
            Title I, Sec. 105(a)(5), Jan 8, 1980, 93 Stat. 
            1354.

2 U.S.C. Sec. 441f. Contributions in name of another prohibited

    No person shall make a contribution in the name of another 
person or knowingly permit his name to be used to effect such a 
contribution, and no person shall knowingly accept a 
contribution made by one person in the name of another person.
Pub.L. 92-225, Title III, Sec. 320, formerly Sec. 325, as added 
            by Pub.L. 94-283, Title I, Sec. 112(2), May 11, 
            1976, 90 Stat. 494, renumbered by Pub.L. 96-187, 
            Title I, Sec. 105(a)(5), Jan 8, 1980, 93 Stat. 
            1354.

2 U.S.C. Sec. 441g. Limitation on contribution of currency

    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 campaign of such candidate for nomination 
for election, or for election, to Federal office.
Pub.L. 92-225, Title III, Sec. 321, formerly Sec. 326, as added 
            by Pub.L. 94-283, Title I, Sec. 112(2), May 11, 
            1976, 90 Stat. 494, renumbered by Pub.L. 96-187, 
            Title I, Sec. 105(a)(5), Jan 8, 1980, 93 Stat. 
            1354.

2 U.S.C. Sec. 441h. Fraudulent misrepresentation of campaign authority

    No person who is a candidate for Federal office or an 
employee or agent of such a candidate shall--
          (1) fraudulently misrepresent himself or any 
        committee or organization under his control as speaking 
        or writing or otherwise acting for or on behalf of any 
        other candidate or political party or employee or agent 
        thereof on a matter which is damaging to such other 
        candidate or political party or employee or agent 
        thereof; or
          (2) willfully and knowingly participate in or 
        conspire to participate in any plan, scheme, or design 
        to violate paragraph (1).
Pub.L. 92-225, Title III, Sec. 332, formerly Sec. 327, as added 
            by Pub.L. 94-283, Title I, Sec. 112(2), May 11, 
            1976, 90 Stat. 494, renumbered by Pub.L. 96-187, 
            Title I, Sec. 105(a)(5), Jan 8, 1980, 93 Stat. 
            1354.

2. U.S.C. Sec. 441i. [Acceptance of excessive honorariums] Repealed.

    [2 U.S.C. Sec. 441i (based on Pub.L. 92-225, Title III, 
Sec. 323, formerly Sec. 322 as added Pub.L 94-283, title I, 
Sec. 112(2), May 11, 1976, 90 Stat. 494; amended Pub.L. 95-216, 
Title V, Sec. 112(2), May 11, 1976, 90 Stat. 494; amended 
Pub.L. 95-216, Title V, Sec. 502(a), Dec. 20, 1977, 91 Stat. 
1565; renumbered Pub.L. 96-187, Title I, Sec. 105(5), Jan. 8, 
1980, 93 Stat. 1354; amended Pub.L. 97-51, Sec. 130(a), Oct. 1, 
1981, 95 Stat. 966; amended Pub.L. 98-63, Title I, Sec. 908(g), 
July 30, 1983, 97 Stat. 338; amended Pub.L. 101-194, Title VI, 
Sec. 601(b)(1), Nov. 30, 1989, 103 Stat. 1762; and amended 
Pub.L. 101-280, Sec. 7(b), May 4, 1990, 104 Stat. 161) was 
repealed by Pub.L. 102-90, Title I, Sec. 6(d), Aug. 14, 1991, 
105 Stat. 447.]

2 U.S.C. Sec. 441j. [Penalty for violations] Repealed.

    [2 U.S.C. Sec. 441j (based on Pub.L. 92-225, Title III, 
Sec. 329, as added by Pub.L. 94-283, Title I, Sec. 112(2), May 
11, 1976, 90 Stat. 494) was repealed by Pub.L. 96-187, Title I, 
Sec. 105(a)(1), Jan. 8, 1980, 93 Stat. 1354.]

2 U.S.C. Sec. 442. Authority to procure technical support and other 
                    services and incur travel expenses; payment of such 
                    expenses

    For the purpose of carrying out his duties under the 
Federal Election Campaign Act of 1971, the Secretary of the 
Senate is authorized from and after July 1, 1972, (1) to 
procure technical support services, (2) to procure the 
temporary or intermittent services of individual technicians, 
experts or consultants, or organizations thereof, in the same 
manner and under the same conditions, to the extent applicable, 
as a standing committee of the Senate may procure such services 
under section 72a(i) of this title, (3) with the prior consent 
of the Government department or agency concerned and the 
Committee on Rules and Administration, to use on a reimbursable 
basis the services of personnel of any such department or 
agency, and (4) to incur official travel expenses. Payments to 
carry out the provisions of this paragraph shall be made from 
funds included in the appropriation ``Miscellaneous Items'' 
under the heading ``Contingent Expenses of the Senate'' upon 
vouchers approved by the Secretary of the Senate. All sums 
received by the Secretary under authority of the Federal 
Election Campaign Act of 1971 shall be covered into the 
Treasury as miscellaneous receipts.
Pub.L. 92-342, Sec. 101, July 10, 1972, 86 Stat. 435.

2 U.S.C. Sec. 451. Extension of credit by regulated industries; 
                    regulations

    The Secretary of Transportation, the Federal Communications 
Commission, and the Surface Transportation Board shall each 
maintain,\1\ its own regulations with respect to the extension 
of credit, without security, by any person regulated by the 
Secretary under subpart II of part A of subtitle VII of Title 
49, or such Commission or Board, to any candidate for Federal 
office, or to any person on behalf of such a candidate, for 
goods furnished or services rendered in connection with the 
campaign of such candidate for nomination for election, or 
election, to such office.
---------------------------------------------------------------------------
    \1\ So in original. The comma probably should not appear.

(Pub.L. 92-225, Title IV, Sec. 401, Feb. 7, 1972, 86 Stat. 19; 
Pub.L. 93-443, Title II, Sec. 201(b)(1), Oct. 15, 1974, 88 
Stat. 1275; Pub.L. 103-272, Sec. 4(a), July 5, 1994, 108 Stat. 
1360; Pub.L. 104-88, Title III, Sec. 313, Dec. 29, 1995, 109 
Stat. 948; Pub.L. 104-287, Sec. 6(g), Oct. 11, 1996, 110 Stat. 
3399.)

2 U.S.C. Sec. 452. Prohibition against use of certain Federal funds for 
                    election activities

    No part of any funds appropriated to carry out the Economic 
Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] shall be used 
to finance directly or indirectly, any activity designed to 
influence the outcome of any election to Federal office, or any 
voter registration activity, or to pay the salary of any 
officer or employee of the Community Services Administration 
who, in his official capacity as such an officer or employee, 
engages in any such activity.
Pub.L. 92-225, Title IV, Sec. 401, Feb. 7, 1972, 86 Stat. 19, 
            amended by Pub.L. 93-443, Title II, 201(b)(2), Oct. 
            15, 1974, 88 Stat. 1275; Pub.L. 93-644, Sec. 9(a), 
            Jan. 4, 1975, 88 Stat. 2310.

2 U.S.C. Sec. 453. State laws affected

    The provisions of this Act, and of rules prescribed under 
this Act, supersede and preempt any provision of State law with 
respect to election to Federal office.
Pub.L. 92-225, Title IV, Sec. 403, Feb. 7, 1972, 86 Stat. 20, 
            as amended by Pub.L. 93-443, Title III, Sec. 301, 
            Oct. 15, 1974, 88 Stat. 1289.

2 U.S.C. Sec. 454. Partial invalidity

    If any provision of this Act, or the application thereof to 
any person or circumstance, is held invalid, the validity of 
the remainder of the Act and the application of such provision 
to other persons and circumstances shall not be affected 
thereby.
Pub.L. 92-225, title IV, Sec. 404, Feb. 7, 1972, 86 Stat. 20.

2 U.S.C. Sec. 455. Period of limitations

    (a) No person shall be prosecuted, tried, or punished for 
any violation of subchapter I of this chapter unless the 
indictment is found or the information is instituted within 3 
years after the date of the violation.
    (b) Notwithstanding any other provision of law--
          (1) the period of limitations referred to in 
        subsection (a) of this section shall apply with respect 
        to violations referred to in such subsection committed 
        before, on, or after the effective date of this 
        section; and
          (2) no criminal proceeding shall be instituted 
        against any person for any act or omission which was a 
        violation of any provision of subchapter I of this 
        chapter, as in effect on December 21, 1974, if such act 
        or omission does not constitute a violation of any such 
        provision, as amended by the Federal Election Campaign 
        Act Amendments of 1974.
Nothing in this subsection shall affect any proceeding pending 
in any court of the United States on January 1, 1975.
Pub.L. 92-225, Title IV, Sec. 406, as added by Pub.L. 93-443, 
            Title III, Sec. 302, Oct. 15, 1974, 88 Stat. 1289-
            90, as amended by Pub.L. 94-283, Title I, 
            Sec. 115(f), May 11, 1976, 90 Stat. 496.

2 U.S.C. Sec. 456. [Additional enforcement authority] Repealed.

    [2 U.S.C. Sec. 456 (which was based on section 407 of 
Pub.L. 92-225, as added by section 302 of Pub.L. 93-443) was 
repealed by Pub.L. 94-283, Title I, Sec. 111, May 11, 1976, 90 
Stat. 486.]
       D. FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

                              ----------                              


5 U.S.C. App. 6 Sec. 101. Persons required to file

    (a) Within thirty days of assuming the position of an 
officer or employee described in subsection (f), an individual 
shall file a report containing the information described in 
section 102(b) [5 U.S.C. App. Sec. 102(b)] unless the 
individual has left another position described in subsection 
(f) within thirty days prior to assuming such new position or 
has already filed a report under this title [5 U.S.C. App. 
Sec. Sec. 101 et seq.] with respect to nomination for the new 
position or as a candidate for the position.
    (b)(1) Within five days of the transmittal by the President 
to the Senate of the nomination of an individual (other than an 
individual nominated for appointment to a position as a Foreign 
Service Officer or a grade or rank in the uniformed services 
for which the pay grade prescribed by section 201 of title 37, 
United States Code, is O-6 or below) to a position, appointment 
to which requires the advice and consent of the Senate, such 
individual shall file a report containing the information 
described in section 102(b) [5 U.S.C. App. Sec. 102(b)]. Such 
individual shall, not later than the date of the first hearing 
to consider the nomination of such individual, make current the 
report filed pursuant to this paragraph by filing the 
information required by section 102(a)(1)(A) [5 U.S.C. App. 
Sec. 102(a)(1)(A)] with respect to income and honoraria 
received as of the date which occurs five days before the date 
of such hearing. Nothing in this Act shall prevent any 
Congressional committee from requesting, as a condition of 
confirmation, any additional financial information from any 
Presidential nominee whose nomination has been referred to that 
committee.
    (2) An individual whom the President or the President-elect 
has publicly announced he intends to nominate to a position may 
file the report required by paragraph (1) at any time after the 
public announcement, but not later than is required under the 
first sentence of such paragraph.
    (c) Within thirty days of becoming a candidate as defined 
in section 301 of the Federal Campaign Act of 1971 [2 U.S.C. 
Sec. 431], in a calendar year for nomination or election to the 
office of President, Vice President, or Member of Congress, or 
on or before May 15 of that calendar year, whichever is later, 
but in no event later than 30 days before the election, and on 
or before May 15 of each successive year an individual 
continues to be a candidate, an individual other than an 
incumbent President, Vice President, or Member of Congress 
shall file a report containing the information described in 
section 102(b) [5 U.S.C. App. Sec. 102(b)]. Notwithstanding the 
preceding sentence, in any calendar year in which an individual 
continues to be a candidate for any office but all elections 
for such office relating to such candidacy were held in prior 
calendar years, such individual need not file a report unless 
he becomes a candidate for another vacancy in that office or 
another office during that year.
    (d) Any individual who is an officer or employee described 
in subsection (f) during any calendar year and performs the 
duties of his position or office for a period in excess of 
sixty days in that calendar year shall file on or before May 15 
of the succeeding year a report containing the information 
described in section 102(a) [5 U.S.C. App. Sec. 102(a)].
    (e) Any individual who occupies a position described in 
subsection (f) shall, on or before the thirtieth day after 
termination of employment in such position, file a report 
containing the information described in section 102(a) [5 
U.S.C. App. Sec. 102(a)] covering the preceding calendar year 
if the report required by subsection (d) has not been filed and 
covering the portion of the calendar year in which such 
termination occurs up to the date the individual left such 
office or position, unless such individual has accepted 
employment in another position described in subsection (f).
    (f) The officers and employees referred to in subsections 
(a), (d), and (e) are--
          (1) the President;
          (2) the Vice President;
          (3) each officer or employee in the executive branch, 
        including a special Government employee as defined in 
        section 202 of title 18, United States Code, who 
        occupies a position classified above GS-15 of the 
        General Schedule or, in the case of positions not under 
        the General Schedule, for which the rate of basic pay 
        is equal to or greater than 120 percent of the minimum 
        rate of basic pay payable for GS-15 of the General 
        Schedule; each member of a uniformed service whose pay 
        grade is at or in excess of O-7 under section 201 of 
        title 37, United States Code; and each officer or 
        employee in any other position determined by the 
        Director of the Office of Government Ethics to be of 
        equal classification;
          (4) each employee appointed pursuant to section 3105 
        of title 5, United States Code;
          (5) any employee not described in paragraph (3) who 
        is in a position in the executive branch which is 
        excepted from the competitive service by reason of 
        being of a confidential or policymaking character, 
        except that the Director of the Office of Government 
        Ethics may, by regulation, exclude from the application 
        of this paragraph any individual, or group of 
        individuals, who are in such positions, but only in 
        cases in which the Director determines such exclusion 
        would not affect adversely the integrity of the 
        Government or the public's confidence in the integrity 
        of the Government;
          (6) the Postmaster General, the Deputy Postmaster 
        General, each Governor of the Board of Governors of the 
        United States Postal Service and each officer or 
        employee of the United States Postal Service or Postal 
        Rate Commission who occupies a position for which the 
        rate of basic pay is equal to or greater than 120 
        percent of the minimum rate of basic pay payable for 
        GS-15 of the General Schedule;
          (7) the Director of the Office of Government Ethnics 
        and each designated agency ethics official;
          (8) any civilian employee not described in paragraph 
        (3), employed in the Executive Office of the President 
        (other than a special government employee) who holds a 
        commission or appointment from the President;
          (9) a Member of Congress as defined under section 
        109(12) [5 U.S.C. App. Sec. 109(12)];
          (10) an officer or employee of the Congress as 
        defined under section 109(13) [5 U.S.C. App. 
        Sec. 109(13)];
          (11) a judicial officer as defined under section 
        109(10) [5 U.S.C. App. Sec. 109(10)]; and
          (12) a judicial employee as defined under section 
        109(8) [5 U.S.C. App. Sec. 109(8)].
    (g)(1) Reasonable extensions of time for filing any report 
may be granted under procedures prescribed by the supervising 
ethics office for each branch, but the total of such extensions 
shall not exceed ninety days.
    (2)(A) In the case of an individual who is serving in the 
Armed Forces, or serving in support of the Armed Forces, in an 
area while that area is designated by the President by 
Executive order as a combat zone for purposes of section 112 of 
the Internal Revenue Code of 1986, the date for the filing of 
any report shall be extended so that the date is 180 days after 
the later of--
          (i) the last day of the individual's service in such 
        area during such designated period; or
          (ii) the last day of the individual's hospitalization 
        as a result of injury received or disease contracted 
        while serving in such area.
    (B) The Office of Government Ethics, in consultation with 
the Secretary of Defense, may prescribe procedures under this 
paragraph.
    (h) The provisions of subsection (a), (b), and (e) shall 
not apply to an individual who, as determined by the designated 
agency ethics official or Secretary concerned (or in the case 
of a Presidential appointee under subsection (b), the Director 
of the Office of Government Ethics), the congressional ethics 
committees, or the Judicial Conference, is not reasonably 
expected to perform the duties of his office or position for 
more than sixty days in a calendar year, except that if such 
individual performs the duties of his office or position for 
more than sixty days in a calendar year--
          (1) the report required by subsections (a) and (b) 
        shall be filed within fifteen days of the sixtieth day, 
        and
          (2) the report required by subsection (e) shall be 
        filed as provided in such subsection.
    (i) The supervising ethics office for each branch may grant 
a publicly available request for a waiver of any reporting 
requirement under this section for an individual who is 
expected to perform or has performed the duties of his office 
or position less than one hundred and thirty days in a calendar 
year, but only if the supervising ethics office determines 
that--
          (1) such individual is not a full-time employee of 
        the Government,
          (2) such individual is able to provide services 
        specially needed by the Government,
          (3) it is unlikely that the individual's outside 
        employment or financial interests will create a 
        conflict of interest, and
          (4) public financial disclosure by such individual is 
        not necessary in the circumstances.
Pub.L. 95-521, Title I, Sec. 101; Oct. 26, 1978, 92 Stat. 1824; 
            Pub.L. 96-19, Sec. Sec. 2 (a)(1), (b), (c)(1), 
            4(b)(1), (d)-(f), 5, June 13, 1979, 93 Stat. 37, 
            38, 40; Pub.L. 101-194, Title II, Sec. 202, Nov. 
            30, 1989, 103 Stat. 1725; Pub.L. 101-280, Sec. 3 
            (1), (2), May 4, 1990, 104 Stat. 152; Pub.L. 102-
            25, Title VI, Sec. 605(a), Apr. 6, 1991, 105 Stat. 
            110; Pub.L. 102-378, Sec. 4(a)(1), Oct. 2, 1992, 
            106 Stat. 1356.

5 U.S.C. App. Sec. 102. Contents of reports

    (a) Each report filed pursuant to section 101(d) and (e) [5 
U.S.C. App. Sec. 101(d), (e)] shall include a full and complete 
statement with respect to the following:
    (1)(A) The source, type, and amount or value of income 
(other than income referred to in subparagraph (B)) from any 
source (other than from current employment by the United States 
Government), and the source, date, and amount of honoraria from 
any source, received during the preceding calendar year, 
aggregating $200 or more in value and, effective January 1, 
1991, the source, date, and amount of payments made to 
charitable organizations in lieu of honoraria, and the 
reporting individual shall simultaneously file with the 
applicable supervising ethics office, on a confidential basis, 
a corresponding list of recipients of all such payments, 
together with the dates and amounts of such payments.
    (B) The source and type of income which consists of 
dividends, rents, interest, and capital gains, received during 
the preceding calendar year which exceeds $200 in amount or 
value, and an indication of which of the following categories 
the amount or value of such item of income is within:
          (i) not more than $1,000;
          (ii) greater than $1,000 but not more than $2,500;
          (iii) greater than $2,500 but not more than $5,000;
          (iv) greater than $5,000 but not more than $15,000;
          (v) greater than $15,000 but not more than $50,000;
          (vi) greater than $50,000 but not more than $100,000;
          (vii) greater than $100,000 but not more than 
        $1,000,000;
          (viii) greater than $1,000,000 but not more than 
        $5,000,000, or
          (ix) greater than $5,000,000.
    (2)(A) The identity of the source, a brief description, and 
the value of all gifts aggregating more than the minimal value 
as established by section 7342(a)(5) of title 5, United States 
Code, or $250, whichever is greater, received from any source 
other than a relative of the reporting individual during the 
preceding calendar year, except that any food, lodging or 
entertainment received as personal hospitality of an individual 
need not be reported, and any gift with a fair market value of 
$100 or less, as adjusted at the same time and by the same 
percentage as the minimal value is adjusted, need not be 
aggregated for purposes of this subparagraph.
    (B) The identity of the source and a brief description 
(including a travel itinerary, dates, and nature of expense 
provided) of reimbursements received from any source 
aggregating more than the minimal value as established by 
Sec. 7342(a)(5) of Title 5, U.S.C., or $250, whichever is 
greater in value and received during the preceding calendar 
year.
    (C) In an unusual case, a gift need not be aggregated under 
subparagraph (A) if a publicly available request for a waiver 
is granted.
    (3) The identity and category of value of any interest in 
property held during the preceding calendar year, in a trade or 
business, or for investment or the production of income, which 
has a fair market value which exceeds $1,000 as of the close of 
the preceding calendar year, excluding any personal liability 
owed to the reporting individual by a spouse, or by a parent, 
brother, sister, or child of the reporting individual or of the 
reporting individual's spouse, or any deposits aggregating 
$5,000 or less in a personal savings account. For purposes of 
this paragraph, a personal savings account shall include any 
certificate of deposit or any other form of deposit in a bank, 
savings and loan association, credit union, or similar 
financial institution.
    (4) The identity and category of value of the total 
liabilities owed to any creditor other than a spouse, or a 
parent, brother, sister, or child of the reporting individual's 
spouse which exceed $10,000 at any time during the preceding 
calendar year, excluding--
          (A) any mortgage secured by real property which is a 
        personal residence of the reporting individual or his 
        spouse; and
          (B) any loan secured by a personal motor vehicle, 
        household furniture, or appliances, which loan does not 
        exceed the purchase price of the item which secures it.
    With respect to revolving charge accounts, only those with 
an outstanding liability which exceeds $10,000 as of the close 
of the preceding calendar year need be reported under this 
paragraph.
    (5) Except as provided in this paragraph, a brief 
description, the date, and category of value of any purchase, 
sale or exchange during the preceding calendar year which 
exceeds $1,000--
          (A) in real property, other than property used solely 
        as a personal residence of the reporting individual or 
        his spouse; or
          (B) in stocks, bonds, commodities futures, and other 
        forms of securities.
    Reporting is not required under this paragraph of any 
transaction solely by and between the reporting individual, his 
spouse, or dependent children.
    (6)(A) The identity of all positions held on or before the 
date of filing during the current calendar year (and, for the 
first report filed by an individual, during the two-year period 
preceding such calendar year) as an officer, director, trustee, 
partner, proprietor, representative, employee, or consultant of 
any corporation, company, firm, partnership, or the business 
enterprise, any nonprofit organization, any labor organization, 
or any educational or other institution other than the United 
States. This subparagraph shall not require the reporting of 
positions held in any religious, social, fraternal, or 
political entity and positions solely of an honorary nature.
    (B) If any person, other than the United States Government, 
paid a nonelected reporting individual compensation in excess 
of $5,000 in any of the two calendar years prior to the 
calendar year during which the individual files his first 
report under this title [5 U.S.C. App. Sec. Sec. 101 et seq.], 
the individual shall include in the report--
          (i) the identify of each source of such compensation; 
        and
          (ii) a brief description of the nature of the duties 
        performed or services rendered by the reporting 
        individual for each such source.
    The preceding sentence shall not require any individual to 
include in such report any information which is considered 
confidential as a result of a privileged relationship, 
established by law, between such individual and any person nor 
shall it require an individual to report any information with 
respect to any person for whom services were provided by any 
firm or association of which such individual was a member, 
partner, or employee unless such individual was directly 
involved in the provision of such services.
    (7) A description of the date, parties to, and terms of any 
agreement or arrangement with respect to (A) future employment; 
(B) a leave of absence during the period of the reporting 
individual's Government service; (C) continuation of payments 
by a former employer other than the United States Government; 
and (D) continuing participation in an employee welfare or 
benefit plan maintained by a former employer.
    (8) The category of the total cash value of any interest of 
the reporting individual in a qualified blind trust, unless the 
trust instrument was executed prior to July 24, 1995 and 
precludes the beneficiary from receiving information on the 
total cash value of any interest in the qualified blind trust.
    (b)(1) Each report filed pursuant to subsections (a), (b), 
and (c) of section 101 [5 U.S.C. App. Sec. 101(a)-(c)] shall 
include a full and complete statement with respect to the 
information required by--
          (A) paragraph (1) of subsection (a) for the year of 
        filing and the preceding calendar year,
          (B) paragraphs (3) and (4) of subsection (a) as of 
        the date specified in the report but which is less than 
        thirty-one days before the filing date, and
          (C) paragraphs (6) and (7) of subsection (a) as of 
        the filing date but for periods described in such 
        paragraphs.
    (2)(A) In lieu of filling out one or more schedules of a 
financial disclosure form, an individual may supply the 
required information in an alternative format, pursuant to 
either rules adopted by the supervising ethics office for the 
branch in which such individual serves or pursuant to a 
specific written determination by such office for a reporting 
individual.
    (B) In lieu of indicating the category of amount or value 
of any item contained in any report filed under this title [5 
U.S.C. App. Sec. Sec. 101 et seq.], a reporting individual may 
indicate the exact dollar amount of such item.
    (c) In the case of any individual described in section 
101(e) [5 U.S.C. App. Sec. 101(e)], any reference to the 
preceding calendar year shall be considered also to include 
that part of the calendar year of filing up to the date of the 
termination of employment.
    (d)(1) The categories for reporting the amount or value of 
the items covered in paragraphs (3), (4), (5), and (8) of 
subsection (a) are as follows:
          (A) not more than $15,000;
          (B) greater than $15,000 but not more than $50,000;
          (C) greater than $50,000 but not more than $100,000;
          (D) greater than $100,000 but not more than $250,000;
          (E) greater than $250,000 but not more than $500,000;
          (F) greater than $500,000 but not more than 
        $1,000,000;
          (G) greater than $1,000,000 but not more than 
        $5,000,000;
          (H) greater than $5,000,000 but not more than 
        $25,000,000;
          (I) greater than $25,000,000 but not more than 
        $50,000,000; and
          (J) greater than $50,000,000.
    (2) For the purposes of paragraph (3) of subsection (a) if 
the current value of an interest in real property (or an 
interest in a real estate partnership) is not ascertainable 
without an appraisal, an individual may list (A) the date of 
purchase and the purchase price of the interest in the real 
property, or (B) the assessed value of the real property for 
tax purposes, adjusted to reflect the market value of the 
property used for the assessment if the assessed value is 
computed at less than 100 percent of such market value, but 
such individual shall include in his report a full and complete 
description of the method used to determine such assessed 
value, instead of specifying a category of value pursuant (1) 
of this subsection. If the current value of any other item 
required to be reported under paragraph (3) of subsection (a) 
is not ascertainable without an appraisal, such individual may 
list the book value of a corporation whose stock is not 
publicly traded, the net worth of a business partnership, the 
equity value of an individually owned business, or with respect 
to other holdings, any recognized indication of value, but such 
individual shall include in his report a full and complete 
description of the method used in determining such value. In 
lieu of any value referred to in the preceding sentence, an 
individual may list the assessed value of the item for tax 
purposes, adjusted to reflect the market value of the item used 
for the assessment if the assessed value is computed at less 
than 100 percent of such market value, but a full and complete 
description of the method used in determining such assessed 
value shall be included in the report.
    (e)(1) Except as provided in the last sentence of this 
paragraph, each report required by section 101 shall also 
contain information listed in paragraphs (1) through (5) of 
subsection (a) of this section respecting the spouse or 
dependent child of the reporting individual as follows:
          (A) The source of items of earned income earned by a 
        spouse from any person which exceed $1,000 and the 
        source and amount of any honoraria received by a 
        spouse, except that, with respect to earned income 
        (other than honoraria), if the spouse is self-employed 
        in business or a profession, only the nature of such 
        business or profession need be reported.
          (B) All information required to be reported in 
        subsection (a)(1)(B) with respect to income derived by 
        a spouse or dependent child from any asset held by the 
        spouse or dependent child and reported pursuant to 
        subsection (a)(3).
          (C) In the case of any gifts received by a spouse or 
        dependent child which are not received totally 
        independent of the relationship of the spouse or 
        dependent child to the reporting individual, the 
        identity of the source and a brief description of gifts 
        of transportation, lodging, food or entertainment and a 
        brief description and the value of other gifts.
          (D) In the case of any reimbursements received by a 
        spouse or dependent child which are not received 
        totally independent of the relationship of the spouse 
        or dependent child to the reporting individual, the 
        identity of the source and brief description of each 
        such reimbursement.
          (E) In the case of items described in paragraphs (3) 
        through (5) of subsection (a), all information required 
        to be reported under these paragraphs other than items 
        (i) which the reporting individual certifies represent 
        the spouse's or dependent child's sole financial 
        interest or responsibility and which the reporting 
        individual has no knowledge of, (ii) which are not in 
        any way, past or present, derived from the income, 
        assets, or activities of the reporting individual, and 
        (iii) from which the reporting individual neither 
        derives, nor expects to derive, any financial or 
        economic benefit.
          (F) For purposes of this section, categories with 
        amounts or values greater than $1,000,000 set forth in 
        sections 102(a)(1)(B) and 102(d)(1) shall apply to the 
        income, assets, or liabilities of spouses and dependent 
        children only if the income, assets, or liabilities are 
        held jointly with the reporting individual. All other 
        income, assets, or liabilities of the spouse or 
        dependent children required to be reported under this 
        section in an amount or value greater than $1,000,000 
        shall be categorized only as an amount or value greater 
        than $1,000,000.
    Reports required by subsections (a), (b), and (c) of 
section 101 shall, with respect to the spouse and dependent 
child of the reporting individual, only contain information 
listed in paragraphs (1), (3), and (4) of subsection (a), as 
specified in this paragraph.
    (2) No report shall be required with respect to a spouse 
living separate and apart from the reporting individual with 
the intention of terminating the marriage or providing for 
permanent separation; or with respect to any income or 
obligations of an individual arising from the dissolution of 
his marriage or the permanent separation from his spouse.
    (f)(1) Except as provided in paragraph (2), each reporting 
individual shall report the information required to be reported 
pursuant to subsections (a), (b), and (c) of this section with 
respect to the holdings of and the income from a trust or other 
financial arrangement from which income is received by, or with 
respect to which a beneficial interest in principal or income 
is held by, such individual, his spouse, or any dependent 
child.
    (2) A reporting individual need not report the holdings of 
the source of income from any of the holdings of--
          (A) any qualified blind trust (as defined in 
        paragraph (3));
          (B) a trust--
                  (i) which was not created directly by such 
                individual, his spouse, or any dependent child, 
                and
                  (ii) the holdings or sources of income of 
                which such individual, his spouse, and any 
                dependent child have no knowledge of; or
          (C) an entity described under the provisions of 
        paragraph (8), but such individual shall report the 
        category of the amount of income received by him, his 
        spouse, or any dependent child from the trust or other 
        entity under subsection (a)(1)(B) of this section.
    (3) For purposes of this subsection, the term ``qualified 
blind trust'' includes any trust in which a reporting 
individual, his spouse, or any minor or dependent child has a 
beneficial interest in the principal or income, and which meets 
the following requirements:
          (A)(i) The trustee of the trust and any other entity 
        designated in the trust instrument to perform fiduciary 
        duties is a financial institution, an attorney, a 
        certified public accountant, a broker, or an investment 
        advisor who--
                  (I) is independent of and not associated with 
                any interested party so that the trustee or 
                other person cannot be controlled or influenced 
                in the administration of the trust by any 
                interested party; and
                  (II) is not and has not been an employee of 
                or affiliated with any interested party and is 
                not a partner of, or involved in any joint 
                venture or other investment with, any 
                interested party; and
                  (III) is not a relative of any interested 
                party.
          (ii) Any officer or employee of a trustee or other 
        entity who is involved in the management or control of 
        the trust--
                  (I) is independent of and not associated with 
                any interested party so that such officer or 
                employee cannot be controlled or influenced in 
                the administration of the trust by any 
                interested party;
                  (II) is not a partner of, or involved in any 
                joint venture or other investment with, any 
                interested party; and
                  (III) is not a relative of any interested 
                party.
          (B) Any asset transferred to the trust by an 
        interested party is free of any restriction with 
        respect to its transfer or sale unless such restriction 
        is expressly approved by the supervising ethics office 
        of the reporting individual.
          (C) The trust instrument which establishes the trust 
        provides that--
                  (i) except to the extent provided in 
                subparagraph (B) of this paragraph, the trustee 
                in the exercise of his authority and discretion 
                to manage and control the assets of the trust 
                shall not consult or notify any interested 
                party;
                  (ii) the trust shall not contain any asset 
                the holding of which by an interested party is 
                prohibited by any law or regulation;
                  (iii) the trustee shall promptly notify the 
                reporting individual and his supervising ethics 
                office when the holdings of any particular 
                asset transferred to the trust by any 
                interested party are disposed of or when the 
                value of such holding is less than $1,000;
                  (iv) the trust tax return shall be prepared 
                by the trustee or his designee, and such return 
                and any information relating thereto (other 
                than the trust income summarized in appropriate 
                categories necessary to complete an interested 
                party's tax return), shall not be disclosed to 
                any interested party;
                  (v) an interested party shall not receive any 
                report on the holdings and sources of income of 
                the trust, except a report at the end of each 
                calendar quarter with respect to the total cash 
                value of the interest of the interested party 
                in the trust or the net income or loss of the 
                trust or any reports necessary to enable the 
                interested party to complete an individual tax 
                return required by law or to provide the 
                information required by subsection (a)(1) of 
                this section, but such report shall not 
                identify any asset or holding;
                  (vi) except for communications which solely 
                consist of requests for distributions of cash 
                or other unspecified assets of the trust, there 
                shall be no direct or indirect communication 
                between the trustee and an interested party 
                with respect to the trust unless such 
                communication is in writing and unless it 
                relates only (I) to the general financial 
                interest and needs of the interested party 
                (including, but not limited to, an interest in 
                maximizing income or long-term capital gain), 
                (II) to the notification of the trustee of a 
                law or regulation subsequently applicable to 
                the reporting individual which prohibits the 
                interested party from holding an asset, which 
                notification directs that the asset not be held 
                by the trust, or (III) to directions to the 
                trustee to sell all of an asset initially 
                placed in the trust by an interested party 
                which in the determination of the reporting 
                individual creates a conflict of interest or 
                the appearance thereof due to the subsequent 
                assumption of duties by the reporting 
                individual (but nothing herein shall require 
                any such direction); and
                  (vii) the interested parties shall make no 
                effort to obtain information with respect to 
                the holdings of the trust, including obtaining 
                a copy of any trust tax return filed or any 
                information relating thereto except as 
                otherwise provided in this subsection.
          (D) The proposed trust instrument and the proposed 
        trustee is approved by the reporting individual's 
        supervising ethics office.
          (E) For purposes of this subsection, ``interested 
        party'' means a reporting individual, his spouse, and 
        any minor or dependent child; ``broker'' has the 
        meaning set forth in section 3(a)(4) of the Securities 
        and Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and 
        ``investment adviser'' includes any investment adviser 
        who, as determined under regulations prescribed by the 
        supervising ethics office, is generally involved in his 
        role as such an adviser in the management or control of 
        trusts.
          (F) Any trust qualified by a supervising ethics 
        office before the effective date of title II of the 
        Ethics Reform Act of 1989 shall continue to be governed 
        by the law and regulations in effect immediately before 
        such effective date.
    (4)(A) An asset placed in a trust by an interested party 
shall be considered a financial interest of the reporting 
individual, for the purposes of any applicable conflict of 
interest statutes, regulations, or rules of the Federal 
Government (including section 208 of title 18, United States 
Code), until such time as the reporting individual is notified 
by the trustee that such asset has been disposed of, or has a 
value of less than $1,000.
    (B)(i) The provisions of subparagraph (A) shall not apply 
with regard to a trust created for the benefit of a reporting 
individual, or the spouse, dependent child, or minor child of 
such a person, if the supervising ethics office for such 
reporting individual finds that--
          (I) the assets placed in the trust consist of a well-
        diversified portfolio of readily marketable securities;
          (II) none of the assets consist of securities of 
        entities having substantial activities in the area of 
        the reporting individual's primary area of 
        responsibility;
          (III) the trust instrument prohibits the trustee, 
        notwithstanding the provisions of paragraphs (3)(C) 
        (iii) and (iv) of this subsection, from making public 
        or informing any interested party of the sale of any 
        securities;
          (IV) the trustee is given power of attorney, 
        notwithstanding the provisions of paragraph (3)(C)(v) 
        of this subsection, to prepare on behalf of any 
        interested party the personal income tax returns and 
        similar returns which may contain information relating 
        to the trust; and
          (V) except as otherwise provided in this paragraph, 
        the trust instrument provides (or in the case of a 
        trust established prior to the effective date of this 
        Act which by its terms does not permit amendment, the 
        trustee, the reporting individual, and any other 
        interested party agree in writing) that the trust shall 
        be administered in accordance with the requirements of 
        this subsection and the trustee of such trust meets the 
        requirements of paragraph (3)(A).
    (ii) In any instance covered by subparagraph (B) in which 
the reporting individual is an individual whose nomination is 
being considered by a congressional committee, the reporting 
individual shall inform the congressional committee considering 
his nomination before or during the period of such individual's 
confirmation hearing of his intention to comply with this 
paragraph.
    (5)(A) The reporting individual shall, within thirty days 
after a qualified blind trust is approved by his supervising 
ethics office, file with such office a copy of--
          (i) the executed trust instrument of such trust 
        (other than those provisions which relate to the 
        testamentary disposition of the trust assets), and
          (ii) a list of assets which were transferred to such 
        trust, including the category of value of each asset as 
        determined under subsection (d) of this section.
    This subparagraph shall not apply with respect to a trust 
meeting the requirements for being considered a qualified blind 
trust under paragraph (7) of this subsection.
    (B) The reporting individual shall, within thirty days of 
transferring an asset (other than cash) to a previously 
established qualified blind trust, notify his supervising 
ethics office of the identity of each such asset and the 
category of value of each asset as determined under subsection 
(d) of this section.
    (C) Within thirty days of the dissolution of a qualified 
blind trust, a reporting individual shall--
          (i) notify his supervising ethics office of such 
        dissolution, and
          (ii) file with such office a copy of a list of the 
        assets of the trust at the time of such dissolution and 
        the category of value under subsection (d) of this 
        section of each such asset.
    (D) Documents filed under subparagraphs (A), (B), and (C) 
of this paragraph and the lists provided by the trustee of 
assets placed in the trust by an interested party which have 
been sold shall be made available to the public in the same 
manner as a report is made available under section 105 [5 
U.S.C. App. Sec. 105] and the provisions of that section shall 
apply with respect to such documents and lists.
    (E) A copy of each written communication with respect to 
the trust under paragraph (3)(C)(vi) shall be filed by the 
person initiating the communication with the reporting 
individual's supervising ethics office within five days of the 
date of the communication.
    (6)(A) A trustee of a qualified blind trust shall not 
knowingly and willfully, or negligently, (i) disclose any 
information to an interested party with respect to such trust 
that may not be disclosed under paragraph (3) of this 
subsection; (ii) acquire any holding the ownership of which is 
prohibited by the trust instrument; (iii) solicit advice from 
any interested party with respect to such trust, which 
solicitation is prohibited by paragraph (3) of this subsection 
or the trust agreement; or (iv) fail to file any document 
required by this subsection.
    (B) A reporting individual shall not knowingly and 
willfully, or negligently, (i) solicit or receive any 
information with respect to a qualified blind trust of which he 
is an interested party that may not be disclosed under 
paragraph (3)(C) of this subsection or (ii) fail to file any 
document required by this subsection.
    (C)(i) The Attorney General may bring a civil action in any 
appropriate United States district court against any individual 
who knowingly and willfully violates the provisions of 
subparagraph (A) and (B) of this paragraph. The court in which 
such action is brought may assess against such individual a 
civil penalty in any amount not to exceed $10,000.
    (ii) The Attorney General may bring a civil action in any 
appropriate United States district court against any individual 
who negligently violates the provisions of subparagraph (A) or 
(B) of this paragraph. The court in which such action is 
brought may assess against such individual a civil penalty in 
any amount not to exceed $5,000.
    (7) Any trust may be considered to be a qualified blind 
trust if--
          (A) the trust instrument is amended to comply with 
        the requirements of paragraph (3) or, in the case of a 
        trust instrument which does not by its terms permit 
        amendment, the trustee, the reporting individual, and 
        any other interested party agree in writing that the 
        trust shall be administered in accordance with the 
        requirements of this subsection and the trustee of such 
        trust meets the requirements of paragraph (3)(A); 
        except that in the case of any interested party who is 
        a dependent child, a parent or guardian of such child 
        may execute the agreement referred to in this 
        subparagraph;
          (B) a copy of the trust instrument (except 
        testamentary provisions) and a copy of the agreement 
        referred to in subparagraph (A), and a list of the 
        assets held by the trust at the time of approval by the 
        supervising ethics office, including the category of 
        value of each asset as determined under subsection (d) 
        of this section, are filed with such office and made 
        available to the public as provided under paragraph 
        (5)(D) of this subsection; and
          (C) the supervising ethics office determines that 
        approval of the trust arrangement as a qualified blind 
        trust is in the particular case appropriate to assure 
        compliance with applicable laws and regulations.
    (8) A reporting individual shall not be required to report 
the financial interests held by a widely held investment fund 
(whether such fund is a mutual fund, regulated investment 
company, pension or deferred compensation plan, or other 
investment fund), if--
          (A)(i) the fund is publicly traded; or
          (ii) the assets of the fund are widely diversified; 
        and
          (B) the reporting individual neither exercises 
        control over nor has the ability to exercise control 
        over the financial interests held by the fund.
    (g) Political campaign funds, including campaign receipts 
and expenditures, need not be included in any report filed 
pursuant to this title [5 U.S.C. App. Sec. Sec. 101 et seq.].
    (h) A report filed pursuant to subsection (a), (d), or (e) 
of section 101 [5 U.S.C. App. Sec. 101 (a), (d), or (e)] need 
not contain the information described in subparagraphs (A), 
(B), and (C) of subsection (a)(2) with respect to gifts and 
reimbursements received in a period when the reporting 
individual was not an officer or employee of the Federal 
Government.
    (i) A reporting individual shall not be required under this 
title [5 U.S.C. App. Sec. Sec. 101 et seq.] to report--
          (1) financial interests in or income derived from--
                  (A) any retirement system under title 5, 
                United States Code (including the Thrift 
                Savings Plan under subchapter III of chapter 84 
                of such title [5 U.S.C. Sec. Sec. 8431 et 
                seq.]); or
                  (B) any other retirement system maintained by 
                the United States for officers or employees of 
                the United States, including the President, or 
                for members of the uniformed services; or
          (2) benefits received under the Social Security Act 
        [42 U.S.C. Sec. Sec. 301 et seq.].
Pub.L. 95-521, Title II, Sec. 102; as amended June 13, 1979, 
            Pub.L. 96-19, Sec. Sec. 3(a)(1), (b), 6(a), 7(a)-
            (d)(1), (f), 9(b)(c)(1), (j), 93 Stat. 39-43; Oct. 
            1, 1981, Pub.L. 97-51, Sec. 130(b), 95 Stat. 966; 
            Nov. 11, 1983, Pub.L. 98-150, Sec. 10 in part, 97 
            Stat. 962; Nov. 30, 1989, Pub.L. 101-194, Title II, 
            Sec. 202, 103 Stat. 1727; May 4, 1990, Pub.L. 101-
            280, Sec. 3(3), 104 Stat. 152; Pub.L. 102-90, Title 
            III, Sec. 314(a), 105 Stat. 469, Aug. 14, 1991; 
            Pub.L. 104-65, Sec. Sec. 20, 22 (a), (b), Dec. 19, 
            1995, 109 Stat. 704, 705.

5 U.S.C. App. Sec. 103. Filing of reports

    (a) Except as otherwise provided in this section, the 
reports required under this title [5 U.S.C. App. Sec. Sec. 101 
et seq.] shall be filed by the reporting individual with the 
designated agency ethics official at the agency by which he is 
employed (or in the case of an individual described in section 
101(e) [5 U.S.C. App. Sec. 101(e)], was employed) or in which 
he will serve. The date any report is received (and the date of 
receipt of any supplemental report) shall be noted on such 
report by such official.
    (b) The President, the Vice President, and independent 
counsel and persons appointed by independent counsel under 
chapter 40 of title 28, United States Code [28 U.S.C. 
Sec. Sec. 591 et seq.], shall file reports required under this 
title with the Director of the Office of Government Ethics.
    (c) Copies of the reports required to be filed under this 
title [5 U.S.C. App. Sec. Sec. 101 et seq.] by the Postmaster 
General, the Deputy Postmaster General, the Governors of the 
Board of Governors of the United States Postal Service, 
designated agency ethics officials, employees described in 
section 105(a)(2) (A) or (B), 106(a)(1) (A) or (B), or 107 
(a)(1)(A) or (b)(1)(A)(i), of title 3, United States Code, 
candidates for the office of President or Vice President and 
officers and employees in (and nominees to) offices or 
positions which require confirmation by the Senate or by both 
Houses of Congress other than individuals nominated to be 
judicial officers and those referred to in subsection (f) shall 
be transmitted to the Director of the Office of Government 
Ethics. The Director shall forward a copy of the report of each 
nominee to the congressional committee considering the 
nomination.
    (d) Reports required to be filed under this title [5 U.S.C. 
App. Sec. Sec. 101 et seq.] by the Director of the Office of 
Government Ethics shall be filed in the Office of Government 
Ethics and, immediately after being filed, shall be made 
available to the public in accordance with this title [5 U.S.C. 
App. Sec. Sec. 101 et seq.].
    (e) Each individual identified in section 101(c) [5 U.S.C. 
App. Sec. 101(c)] who is a candidate for nomination or election 
to the Office of President or Vice President shall file the 
reports required by this title [5 U.S.C. App. Sec. Sec. 101 et 
seq.] with the Federal Election Commission.
    (f) Reports required of members of the uniformed services 
shall be filed with the Secretary concerned.
    (g) Each supervising ethics office shall develop and make 
available forms for reporting the information required by this 
title [5 U.S.C. App. Sec. Sec. 101 et seq.].
    (h)(1) The reports required under this title shall be filed 
by a reporting individual with--
          (A)(i)(I) the Clerk of the House of Representatives, 
        in the case of a Representative in Congress, a Delegate 
        to Congress, the Resident Commissioner from Puerto 
        Rico, an officer or employee of the Congress whose 
        compensation is disbursed by the Chief Administrative 
        Officer of the House of Representatives, an officer or 
        employee of the Architect of the Capitol, the United 
        States Botanic Garden, the Congressional Budget Office, 
        the Government Printing Office, the Library of 
        Congress, or the Copyright Royalty Tribunal (including 
        any individual terminating service, under section 
        101(e), in any office or position referred to in this 
        subclause), or an individual described in section 
        101(c) who is a candidate for nomination or election as 
        a Representative in Congress, a Delegate to Congress, 
        or the Resident Commissioner from Puerto Rico; and
          (II) the Secretary of the Senate, in the case of a 
        Senator, an officer or employee of the Congress whose 
        compensation is disbursed by the Secretary of the 
        Senate, an officer or employee of the General 
        Accounting Office, the Office of Technology Assessment, 
        or the Office of the Attending Physician (including any 
        individual terminating service, under section 101(2) [5 
        U.S.C. App. Sec. 101(e)], in any office or position 
        referred to in this subclause), or an individual 
        described in section 101(c) [5 U.S.C. App. Sec. 101(c)] 
        who is a candidate for nomination or election as a 
        Senator; and
          (ii) in the case of an officer or employee of the 
        Congress as described under section 101(f)(10) [5 
        U.S.C. App. Sec. 101(f)(10)] who is employed by an 
        agency or commission established in the legislative 
        branch after the date of the enactment of the Ethics 
        Reform Act of 1989 [enacted Nov. 30, 1989]--
                  (I) the Secretary of the Senate or the Clerk 
                of the House of Representatives, as the case 
                may be, as designated in the statute 
                establishing such agency or commission; or
                  (II) if such statute does not designate such 
                committee, the Secretary of the Senate for 
                agencies and commissions established in even 
                numbered calendar years, and the Clerk of the 
                House of Representatives for agencies and 
                commissions established in odd numbered 
                calendar years; and
          (B) the Judicial Conference with regard to a judicial 
        officer or employee described under paragraphs (11) and 
        (12) of section 101(f) [5 U.S.C. App. Sec. 101(f)(11), 
        (12)] (including individuals terminating service in 
        such office or position under section 101(e) [5 U.S.C. 
        App. Sec. 101(e)] or immediately preceding service in 
        such office or position).
    (2) The date any report is received (and the date of 
receipt of any supplemental report) shall be noted on such 
report by such committee.
    (i) A copy of each report filed under this title [5 U.S.C. 
App. Sec. Sec. 101 et seq.] by a Member or an individual who is 
a candidate for the office of Member shall be sent by the Clerk 
of the House of Representatives or Secretary of the Senate, as 
the case may be, to the appropriate State officer designated 
under section 316(a) of the Federal Election Campaign Act of 
1971 [2 U.S.C. Sec. 439(a)] of the State represented by the 
Member or in which the individual is a candidate, as the case 
may be, within the thirty-day period beginning on the day the 
report is filed with the Clerk or Secretary.
    (j)(1) A copy of each report filed under this title [5 
U.S.C. App. Sec. Sec. 101 et seq.] with the Clerk of the House 
of Representatives shall be sent by the Clerk to the Committee 
on Standards of Official Conduct of the House of 
Representatives within the 7-day period beginning on the day 
the report is filed.
    (2) A copy of each report filed under this title [5 U.S.C. 
App. Sec. Sec. 101 et seq.] with the Secretary of the Senate 
shall be sent by the Secretary to the Select Committee on 
Ethics of the Senate within the 7-day period beginning on the 
day the report is filed.
    (k) In carrying out their responsibilities under this title 
[5 U.S.C. App. Sec. Sec. 101 et seq.] with respect to 
candidates for office, the Clerk of the House of 
Representatives and the Secretary of the Senate shall avail 
themselves of the assistance of the Federal Election 
Commission. The Commission shall make available to the Clerk 
and the Secretary on a regular basis a complete list of names 
and addresses of all candidates registered with the Commission, 
and shall cooperate and coordinate its candidate information 
and notification program with the Clerk and the Secretary to 
the greatest extent possible.
Pub.L. 95-521, Title II, Sec. 103; as amended June 13, 1979, 
            Pub.L. 96-19, Sec. Sec. 4(b)(2), 9(a), 93 Stat. 40, 
            42; Nov. 30, 1989, Pub.L. 101-194, Title II, 
            Sec. 202, 103 Stat. 1736; May 4, 1990, Pub.L. 101-
            280, Sec. 3(1), (4), 104 Stat. 152, 153; Pub.L. 
            102-90, Title III, Sec. 313(1), 105 Stat. 469, Aug. 
            14, 1991; Pub.L. 104-186, title II, Sec. 216(1), 
            Aug. 20, 1996, 110 Stat. 1747.

5 U.S.C. App. Sec. 104. Failure to file or filing false reports

    (a) The Attorney General may bring a civil action in any 
appropriate United States district court against any individual 
who knowingly and willfully falsifies or who knowingly and 
willfully fails to file or report any information that such 
individual is required to report pursuant to section 102 [5 
U.S.C. App. Sec. 102]. The court in which such action is 
brought may assess against such individual a civil penalty in 
any amount, not to exceed $10,000.
    (b) The head of each agency, each Secretary concerned, the 
Director of the Office of Government Ethics, each congressional 
ethics committee, or the Judicial Conference, as the case may 
be, shall refer to the Attorney General the name of any 
individual which such official or committee has reasonable 
cause to believe has willfully failed to file a report or has 
willfully falsified or willfully failed to file information 
required to be reported. Whenever the Judicial Conference 
refers a name to the Attorney General under this subsection, 
the Judicial Conference also shall notify the judicial council 
of the circuit in which the named individual serves of the 
referral.
    (c) The President, the Vice President, the Secretary 
concerned, the head of each agency, the Office of Personnel 
Management, a congressional ethics committee, and the Judicial 
Conference, may take any appropriate personnel or other action 
in accordance with applicable law or regulation against any 
individual failing to file a report or falsifying or failing to 
report information required to be reported.
    (d)(1) Any individual who files a report required to be 
filed under this title [5 U.S.C. App. Sec. Sec. 101 et seq.] 
more than 30 days after the later of--
          (A) the date such report is required to be filed 
        pursuant to the provisions of this title [5 U.S.C. App. 
        Sec. Sec. 101 et seq.] and the rules and regulations 
        promulgated thereunder; or
          (B) if a filing extension is granted to such 
        individual under section 101(g) [5 U.S.C. App. 
        Sec. 101(g)], the last day of the filing extension 
        period, shall, at the direction of and pursuant to 
        regulations issued by the supervising ethics office, 
        pay a filing fee of $200. All such fees shall be 
        deposited in the miscellaneous receipts of the 
        Treasury. The authority under this paragraph to direct 
        the payment of a filing fee may be delegated by the 
        supervising ethics office in the executive branch to 
        other agencies in the executive branch.
    (2) The supervising ethics office may waive the filing fee 
under this subsection in extraordinary circumstances.
Pub.L. 95-521, Title II, Sec. 104; as amended June 13, 1979, 
            Pub.L. 96-19, Sec. 8(a), 93 Stat. 41; Nov. 30, 
            1989, Pub.L. 101-194, Title II, Sec. 202, 103 Stat. 
            1737; May 4, 1990, Pub.L. 101-280, Sec. 3(1), (5), 
            104 Stat. 152, 154; Pub.L. 101-650, Title IV, 
            Sec. 405, Dec. 1, 1990, 104 Stat. 5124.

5 U.S.C. App. Sec. 105. Custody of and public access to reports

    (a) Each agency, each supervising ethics office in the 
executive or judicial branch, the Clerk of the House of 
Representatives, and the Secretary of the Senate shall make 
available to the public, in accordance with subsection (b), 
each report filed under this title with such agency or office 
or with the Clerk or the Secretary of the Senate, except that--
          (1) this section does not require public availability 
        of a report filed by any individual in the Central 
        Intelligence Agency, the Defense Intelligence Agency, 
        or the National Imagery and Mapping Agency, or the 
        National Security Agency, or any individual engaged in 
        intelligence activities in any agency of the United 
        States, if the President finds or has found that, due 
        to the nature of the office or position occupied by 
        such individual, public disclosure of such report 
        would, be \1\ revealing the identity of the individual 
        or other sensitive information, compromise the national 
        interest of the United States; and such individuals may 
        be authorized, notwithstanding section 104(a), to file 
        such additional reports as are necessary to protect 
        their identity from public disclosure if the President 
        first finds or has found that such filing is necessary 
        in the national interest; and
          (2) any report filed by an independent counsel whose 
        identity has not been disclosed by the division of the 
        court under chapter 40 of title 28, United States Code, 
        and any report filed by any person appointed by that 
        independent counsel under such chapter, shall not be 
        made available to the public under this title [5 U.S.C. 
        App. Sec. Sec. 101 et seq.].
    (b)(1) Except as provided in the second sentence of this 
subsection, each agency, each supervising ethics office in the 
executive or judicial branch, the Clerk of the House of 
Representatives, and the Secretary of the Senate shall, within 
thirty days after any report is received under this title [5 
U.S.C. App. Sec. Sec. 101 et seq.] by such agency or office or 
by the Clerk or the Secretary of the Senate, as the case may 
be, permit inspection of such report by or furnish a copy of 
such report to any person requesting such inspection or copy. 
With respect to any report required to be filed by May 15 of 
any year, such report shall be made available for public 
inspection within 30 calendar days after May 15 of such year or 
within 30 days of the date of filing such a report for which an 
extension is granted pursuant to section 101(g). The agency, 
office, Clerk, or Secretary of the Senate, as the case may be 
may require a reasonable fee to be paid in any amount which is 
found necessary to recover the cost of reproduction or mailing 
of such report excluding any salary of any employee involved in 
such reproduction or mailing. A copy of such report may be 
furnished without charge or at a reduced charge if it is 
determined that waiver or reduction of the fee is in the public 
interest.
    (2) Notwithstanding paragraph (1), a report may not be made 
available under this section to any person nor may any copy 
thereof be provided under this section to any person except 
upon a written application by such person stating--
          (A) that person's name, occupation and address;
          (B) the name and address of any other person or 
        organization on whose behalf the inspection or copy is 
        requested; and
          (C) that such person is aware of the prohibitions on 
        the obtaining or use of the report.
    Any such application shall be made available to the public 
throughout the period during which the report is made available 
to the public.
    (c)(1) It shall be unlawful for any person to obtain or use 
a report--
          (A) for any unlawful purpose;
          (B) for any commercial purpose, other than by news 
        and communications media for dissemination to the 
        general public;
          (C) for determining or establishing the credit rating 
        of any individual; or
          (D) for use, directly or indirectly, in the 
        solicitation of money for any political, charitable, or 
        other purpose.
    (2) The Attorney General may bring a civil action against 
any person who obtains or uses a report for any purpose 
prohibited in paragraph (1) of this subsection. The court in 
which such action is brought may assess against such person a 
penalty in any amount not to exceed $10,000. Such remedy shall 
be in addition to any other remedy available under statutory or 
common law.
    (d) Any report filed with or transmitted to an agency or 
supervising ethics office or to the Clerk of the House of 
Representatives or the Secretary of the Senate pursuant to this 
title [5 U.S.C. App. Sec. Sec. 101 et seq.] shall be retained 
by such agency or office or by the Clerk or the Secretary of 
the Senate, as the case may be. Such report shall be made 
available to the public for a period of six years after receipt 
of the report. After such six-year period the report shall be 
destroyed unless needed in an ongoing investigation, except 
that in the case of an individual who filed the report pursuant 
to section 101(b) [5 U.S.C. App. Sec. 101(b)] and was not 
subsequently confirmed by the Senate, or who filed the report 
pursuant to section 101(c) [5 U.S.C. App. Sec. 101(c)] and was 
not subsequently elected, such reports shall be destroyed one 
year after the individual either is no longer under 
consideration by the Senate or is no longer a candidate for 
nomination or election to the Office of President, Vice 
President, or as a Member of Congress, unless needed in an 
ongoing investigation.
Pub.L. 95-521, Title II, Sec. 105; as amended Nov. 30, 1989, 
            Pub.L. 101-194, Title II, Sec. 202, 103 Stat. 1737; 
            May 4, 1990, Pub.L. 101-280, Sec. 3(6), 104 Stat. 
            154; Pub.L. 102-90, Title III, Sec. 313(2), 105 
            Stat. 469, Aug. 14, 1991; Pub.L. 104-201, Div. A, 
            title XI, Sec. 1122(b)(2), Sept. 23, 1996, 110 
            Stat. 2687.

5 U.S.C. App. Sec. 106. Review of reports

    (a)(1) Each designated agency ethics official or Secretary 
concerned shall make provisions to ensure that each report 
filed with him under this title [5 U.S.C. App. Sec. Sec. 101 et 
seq.] is reviewed within sixty days after the date of such 
filing, except that the Director of the Office of Government 
Ethics shall review only those reports required to be 
transmitted to him under this title [5 U.S.C. App. 
Sec. Sec. 101 et seq.] within sixty days after the date of 
transmittal.
    (2) Each congressional ethics committee and the Judicial 
Conference shall make provisions to ensure that each report 
filed under this title [5 U.S.C. App. Sec. Sec. 101 et seq.] is 
reviewed within sixty days after the date of such filing.
    (b)(1) If after reviewing any report under subsection (a), 
the Director of the Office of Government Ethics, the Secretary 
concerned, the designated agency ethics official, a person 
designated by the congressional ethics committee, or a person 
designated by the Judicial Conference, as the case may be, is 
of the opinion that on the basis of information contained in 
such report the individual submitting such report is in 
compliance with applicable laws and regulations, he shall state 
such opinion on the report, and shall sign such report.
    (2) If the Director of the Office of Government Ethics, the 
Secretary concerned, the designated agency ethics official, a 
person designated by a congressional ethics committee, or a 
person designated by the Judicial Conference, after reviewing 
any report under subsection (a)--
          (A) believes additional information is required to be 
        submitted, he shall notify the individual submitting 
        such report what additional information is required and 
        the time by which it must be submitted, or
          (B) is of the opinion, on the basis of information 
        submitted, that the individual is not in compliance 
        with applicable laws and regulations, he shall notify 
        the individual, afford a reasonable opportunity for a 
        written or oral response, and after consideration of 
        such response, reach an opinion as to whether or not, 
        on the basis of information submitted, the individual 
        is in compliance with such laws and regulations.
    (3) If the Director of the Office of Government Ethics, the 
Secretary concerned, the designated agency ethics official, a 
person designated by a congressional ethics committee, or a 
person designated by the Judicial Conference, reaches an 
opinion under paragraph (2)(B) that an individual is not in 
compliance with applicable laws and regulations, the official 
or committee shall notify the individual of that opinion and, 
after an opportunity for personal consultation (if 
practicable), determine and notify the individual of which 
steps, if any, would in the opinion of such official or 
committee be appropriate for assuring compliance with such laws 
and regulations and the date by which such steps should be 
taken. Such steps may include, as appropriate--
          (A) divestiture,
          (B) restitution,
          (C) the establishment of a blind trust,
          (D) request for an exemption under section 208(b) of 
        title 18, United States Code, or
          (E) voluntary request for transfer, reassignment, 
        limitation of duties, or resignation.
    The use of any such steps shall be in accordance with such 
rules or regulations as the supervising ethics office may 
prescribe.
    (4) If steps for assuring compliance with applicable laws 
and regulations are not taken by the date set under paragraph 
(3) by an individual in a position in the executive branch 
(other than in the Foreign Service or the uniformed services), 
appointment to which requires the advice and consent of the 
Senate, the matter shall be referred to the President for 
appropriate action.
    (5) If steps for assuring compliance with applicable laws 
and regulations are not taken by the date set under paragraph 
(3) by a member of the Foreign Service or the uniformed 
services, the Secretary concerned shall take appropriate 
action.
    (6) If steps for assuring compliance with applicable laws 
and regulations are not taken by the date set under paragraph 
(3) by any other officer or employee, the matter shall be 
referred to the head of the appropriate agency, the 
congressional ethics committee, or the Judicial Conference, for 
appropriate action; except that in the case of the Postmaster 
General or Deputy Postmaster General, the Director of the 
Office of Government Ethics shall recommend to the Governors of 
the Board of Governors of the United States Postal Service the 
action to be taken.
    (7) Each supervising ethics office may render advisory 
opinions interpreting this title [5 U.S.C. App. Sec. Sec. 101 
et seq.] within its respective jurisdiction. Notwithstanding 
any other provision of law, the individual to whom a public 
advisory opinion is rendered in accordance with this paragraph, 
and any other individual covered by this title [5 U.S.C. App. 
Sec. Sec. 101 et seq.] who is involved in a fact situation 
which is indistinguishable in all material aspects, and who 
acts in good faith in accordance with the provisions and 
findings of such advisory opinion shall not, as a result of 
such act, be subject to any penalty or sanction provided by 
this title [5 U.S.C. App. Sec. Sec. 101 et seq.].
Pub.L. 95-521, Title II, Sec. 106; as amended Nov. 30, 1989, 
            Pub.L. 101-194, Title II, Sec. 202, 103 Stat. 1739; 
            May 4, 1990, Pub.L. 101-280, Sec. 3(1), (7), 104 
            Stat. 152, 155.

5 U.S.C. App. Sec. 107. Confidential reports and other additional 
                    requirements

    (a)(1) Each supervising ethics office may require officers 
and employees under its jurisdiction (including special 
Government employees as defined in section 202 of title 18, 
United States Code) to file confidential financial disclosure 
reports, in such form as the supervising ethics office may 
prescribe. The information required to be reported under this 
subsection by the officers and employees of any department or 
agency shall be set forth in rules or regulations prescribed by 
the supervising ethics office, and may be less extensive than 
otherwise required by this title [5 U.S.C. App. Sec. Sec. 101 
et seq.], or more extensive when determined by the supervising 
ethics office to be necessary and appropriate in light of 
sections 202 through 209 of title 18, United States Code, 
regulations promulgated thereunder, or the authorized 
activities of such officers or employees. Any individual 
required to file a report pursuant to section 101 [5 U.S.C. 
App. Sec. 101] shall not be required to file a confidential 
report pursuant to this subsection, except with respect to 
information which is more extensive than information otherwise 
required by this title [5 U.S.C. App. Sec. Sec. 101 et seq.]. 
Subsections (a), (b), and (d) of section 105 [5 U.S.C. App. 
Sec. 105 (a), (b), (d)] shall not apply with respect to any 
such report.
    (2) Any information required to be provided by an 
individual under this subsection shall be confidential and 
shall not be disclosed to the public.
    (3) Nothing in this subsection exempts any individual 
otherwise covered by the requirement to file a public financial 
disclosure report under this title [5 U.S.C. App. Sec. Sec. 101 
et seq.] from such requirement.
    (b) The provisions of this title [5 U.S.C. App. 
Sec. Sec. 101 et seq.] requiring the reporting of information 
shall supersede any general requirement under any other 
provision of law or regulation with respect to the reporting of 
information required for purposes of preventing conflicts of 
interest or apparent conflicts of interest. Such provisions of 
this title [5 U.S.C. App. Sec. Sec. 101 et seq.] shall not 
supersede the requirements of section 7342 of title 5, United 
States Code.
    (c) Nothing in this Act requiring reporting of information 
shall be deemed to authorize the receipt of income, gifts, or 
reimbursements; the holding of assets, liabilities, or 
positions; or the participation in transactions that are 
prohibited by law, Executive order, rule, or regulation.
Pub.L. 95-521, Title II, Sec. 107; as amended June 13, 1979, 
            Pub.L. 96-19, Sec. 9(d), (g), 93 Stat. 42, 43; Nov. 
            30, 1989, Pub.L. 101-194, Title II, Sec. 202, 103 
            Stat. 1740.

5 U.S.C. App. Sec. 108. Authority of Comptroller General

    (a) The Comptroller General shall have access to financial 
disclosure reports filed under this title [5 U.S.C. App. 
Sec. Sec. 101 et seq.] for the purposes of carrying out his 
statutory responsibilities.
    (b) No later than December 31, 1992, and regularly 
thereafter, the Comptroller General shall conduct a study to 
determine whether the provisions of this title are being 
carried out effectively.
Pub.L. 95-521, Title II, Sec. 108; as amended June 13, 1979, 
            Pub.L. 96-19, Sec. 9(t), 93 Stat. 44; Nov. 30, 
            1989, Pub.L. 101-194, Title II, Sec. 202, 103 Stat. 
            1741.

5 U.S.C. App. Sec. 109. Definitions

    For the purposes of this title [5 U.S.C. App. Sec. Sec. 101 
et seq.], the term--
          (1) ``congressional ethics committees'' means the 
        Select Committee on Ethics of the Senate and the 
        Committee on Standards of Official Conduct of the House 
        of Representatives;
          (2) ``dependent child'' means, when used with respect 
        to any reporting individual, any individual who is a 
        son, daughter, stepson, or stepdaughter and who--
                  (A) is unmarried and under age 21 and is 
                living in the household of such reporting 
                individual; or
                  (B) is a dependent of such reporting 
                individual within the meaning of section 152 of 
                the Internal Revenue Code of 1986 [26 U.S.C. 
                Sec. 152];
          (3) ``designated agency ethics official'' means an 
        officer or employee who is designated to administer the 
        provisions of this title within an agency;
          (4) ``executive branch'' includes each Executive 
        agency (as defined in section 105 of title 5, United 
        States Code), other than the General Accounting Office, 
        and any other entity or administrative unit in the 
        executive branch;
          (5) ``gift'' means a payment, advance, forbearance, 
        rendering, or deposit of money, or any thing of value, 
        unless consideration of equal or greater value is 
        received by the donor, but does not include--
                  (A) bequest and other forms of inheritance;
                  (B) suitable mementos of a function honoring 
                the reporting individual;
                  (C) food, lodging, transportation, and 
                entertainment provided by a foreign government 
                within a foreign country or by the United 
                States Government, the District of Columbia, or 
                a State or local government or political 
                subdivision thereof;
                  (D) food and beverages which are not consumed 
                in connection with a gift of overnight lodging;
                  (E) communications to the offices of a 
                reporting individual, including subscriptions 
                to newspapers and periodicals; or
                  (F) consumable products provided by home-
                State businesses to the offices of a reporting 
                individual who is an elected official, if those 
                products are intended for consumption by 
                persons other than such reporting individual;
          (6) ``honoraria'' has the meaning given such term in 
        section 505 of this Act [5 U.S.C. App. Sec. 505];
          (7) ``income'' means all income from whatever source 
        derived, including but not limited to the following 
        items: compensation for services, including fees, 
        commissions, and similar items; gross income derived 
        from business (and net income if the individual elects 
        to include it); gains derived from dealings in 
        property; interest; rents; royalties; dividends; 
        annuities; income from life insurance and endowment 
        contracts; pensions; income from discharge of 
        indebtedness; distributive share of partnership income; 
        and income from an interest in an estate or trust;
          (8) ``judicial employee'' means any employee of the 
        judicial branch of the Government, of the United States 
        Sentencing Commission, of the Tax Court, of the Court 
        of Federal Claims, of the Court of Veterans Appeals, or 
        of the United States Court of Appeals for the Armed 
        Forces, who is not a judicial officer and who is 
        authorized to perform adjudicatory functions with 
        respect to proceedings in the judicial branch, or who 
        occupies a position for which the rate of basic pay is 
        equal to or greater than 120 percent of the minimum 
        rate of basic pay payable for GS-15 of the General 
        Schedule;
          (9) ``Judicial Conference'' means the Judicial 
        Conference of the United States;
          (10) ``judicial officer'' means the Chief Justice of 
        the United States, the Associate Justices of the 
        Supreme Court, and the judges of the United States 
        courts of appeals, United States district courts, 
        including the district courts in Guam, the Northern 
        Mariana Islands, and the Virgin Islands, Court of 
        Appeals for the Federal Circuit, Court of International 
        Trade, Tax Court, Claims Court, Court of Veterans 
        Appeals, United States Court of Appeals for the Armed 
        Forces, and any court created by Act of Congress, the 
        judges of which are entitled to hold office during good 
        behavior;
          (11) ``legislative branch'' includes--
                  (A) the Architect of the Capitol;
                  (B) the Botanic Gardens;
                  (C) the Congressional Budget Office;
                  (D) the General Accounting Office;
                  (E) the Government Printing Office;
                  (F) the Library of Congress;
                  (G) the United States Capitol Police;
                  (H) the Office of Technology Assessment; and
                  (I) any other agency, entity, office, or 
                commission established in the legislative 
                branch;
          (12) ``Member of Congress'' means a United States 
        Senator, a Representative in Congress, a Delegate to 
        Congress, or the Resident Commissioner from Puerto 
        Rico;
          (13) ``officer or employee of the Congress'' means--
                  (A) any individual described under 
                subparagraph (B), other than a Member of 
                Congress or the Vice President, whose 
                compensation is disbursed by the Secretary of 
                the Senate or the Chief Administrative Officer 
                of the House of Representatives;
                  (B)(i) each officer or employee of the 
                legislative branch who, for at least 60 days, 
                occupies a position for which the rate of basic 
                pay is equal to or greater than 120 percent of 
                the minimum rate of basic pay payable for GS-15 
                of the General Schedule; and
                  (ii) at least one principal assistant 
                designated for purposes of this paragraph by 
                each Member who does not have an employee who 
                occupies a position for which the rate of basic 
                pay is equal to or greater than 120 percent of 
                the minimum rate of basic pay payable for GS-15 
                of the General Schedule;
          (14) ``personal hospitality of any individual'' means 
        hospitality extended for a nonbusiness purpose by an 
        individual, not a corporation or organization, at the 
        personal residence of that individual or his family or 
        on property or facilities owned by that individual or 
        his family;
          (15) ``reimbursement'' means any payment or other 
        thing of value received by the reporting individual, 
        other than gifts, to cover travel-related expenses of 
        such individual other than those which are--
                  (A) provided by the United States Government, 
                the District of Columbia, or a State or local 
                government or political subdivision thereof;
                  (B) required to be reported by the reporting 
                individual under section 7342 of title 5, 
                United States Code; or
                  (C) required to be reported under section 304 
                of the Federal Election Campaign Act of 1971 (2 
                U.S.C. 434);
          (16) ``relative'' means an individual who is related 
        to the reporting individual, as father, mother, son, 
        daughter, brother, sister, uncle, aunt, great aunt, 
        great uncle, first cousin, nephew, niece, husband, 
        wife, grandfather, grandmother, grandson, 
        granddaughter, father-in-law, mother-in-law, son-in-
        law, daughter-in-law, brother-in-law, sister-in-law, 
        stepfather, stepmother, stepson, stepdaughter, 
        stepbrother, stepsister, half brother, half sister, or 
        who is the grandfather or grandmother of the spouse of 
        the reporting individual, and shall be deemed to 
        include the fiance or fiancee of the reporting 
        individual;
          (17) ``Secretary concerned'' has the meaning set 
        forth in section 101(a)(9) of title 10, United States 
        Code, and, in addition means--
                  (A) the Secretary of the Commerce, with 
                respect to matters concerning the National 
                Oceanic and Atmospheric Administration;
                  (B) the Secretary of Health and Human 
                Services, with respect to matters concerning 
                the Public Health Service; and
                  (C) the Secretary of State, with respect to 
                matters concerning the Foreign Service;
          (18) ``supervising ethics office'' means--
                  (A) the Select Committee on Ethics of the 
                Senate, for Senators, officers and employees of 
                the Senate, and other officers or employees of 
                the legislative branch required to file 
                financial disclosure reports with the Secretary 
                of the Senate pursuant to section 103(h) of 
                this title [5 U.S.C. App. Sec. 103(a)];
                  (B) the Committee on Standards of Official 
                Conduct of the House of Representatives, for 
                Members, officers and employees of the House of 
                Representatives and other officers or employees 
                of the legislative branch required to file 
                financial disclosure reports with the Clerk of 
                the House of Representatives pursuant to 
                section 103(h) of this title [5 U.S.C. App. 
                Sec. 103(h)];
                  (C) the Judicial Conference for judicial 
                officers and judicial employees; and
                  (D) the Office of Government Ethics for all 
                executive branch officers and employees; and
          (19) ``value'' means a good faith estimate of the 
        dollar value if the exact value is neither known nor 
        easily obtainable by the reporting individual.

Pub.L. 95-521, Title I, Sec. 109, Oct. 26, 1978, 92 Stat. 1836; 
Pub.L. 101-194, Title II Sec. 202, Nov. 30, 1989, 103 Stat. 
1741; Pub.L. 101-280, Sec. 3(1), (8), May 4, 1990, 104 Stat. 
152, 155; Pub.L. 102-378, Sec. 4(a)(2), Oct. 2, 1992, 106 Stat. 
1357; Pub.L. 102-572, Title IX, Sec. 902(b)(2), Oct. 29, 1992, 
106 Stat. 4516; Pub.L. 103-160, Div. A, Title XI, 
Sec. 1182(d)(3), Nov. 30, 1993, 107 Stat. 1773; Pub.L. 103-337, 
Div. A, Title IX, Sec. 924(d)(3), Oct. 5, 1994, 108 Stat. 2832; 
Pub.L. 104-186, Title II, Sec. 216(2), Aug. 20, 1996, 110 Stat. 
1747.

5 U.S.C. App. Sec. 110. Notice of actions taken to comply with ethics 
                    agreements

    (a) In any case in which an individual agrees with that 
individual's designated agency ethics official, the Office of 
Government Ethics, a Senate confirmation committee, a 
congressional ethics committee, or the Judicial Conference, to 
take any action to comply with this Act or any other law or 
regulation governing conflicts of interest of, or establishing 
standards of conduct applicable with respect to, officers or 
employees of the Government, that individual shall notify in 
writing the designated agency ethics official, the Office of 
Government Ethics, the appropriate committee of the Senate, the 
congressional ethics committee, or the Judicial Conference, as 
the case may be, of any action taken by the individual pursuant 
to the agreement. Such notification shall be made not later 
than the date specified in the agreement by which action by the 
individual must be taken, or not later than three months after 
the date of the agreement, if no date for action is so 
specified.
    (b) If an agreement described in subsection (a) requires 
that the individual recuse himself or herself from particular 
categories of agency or other official action, the individual 
shall reduce to writing those subjects regarding which the 
recusal agreement will apply and the process by which it will 
be determined whether the individual must recuse himself or 
herself in a specific instance. An individual shall be 
considered to have complied with the requirements of subsection 
(a) with respect to such recusal agreement if such individual 
files a copy of the document setting forth the information 
described in the preceding sentence with such individual's 
designated agency ethics official or the appropriate 
supervising ethics office within the time prescribed in the 
last sentence of subsection (a).
Pub.L. 95-521, Title I, Sec. 110, as added Nov. 30, 1989, 
            Pub.L. 101-194, Title II, Sec. 202, 103 Stat. 1744; 
            as amended May 4, 1990, Pub.L. 101-280, Sec. 3(1), 
            104 Stat. 152.

5 U.S.C. App. Sec. 111. Administration of provisions

    The provisions of this title [5 U.S.C. App. Sec. Sec. 101 
et seq.] shall be administered by --
          (1) the Director of the Office of Government Ethics, 
        the designated agency ethics official, or the Secretary 
        concerned, as appropriate, with regard to officers and 
        employees described in paragraphs (1) through (8) of 
        section 101(f) [5 U.S.C. App. Sec. 101(f)(1)-(8)];
          (2) the Select Committee on Ethics of the Senate and 
        the Committee on Standards of Official Conduct of the 
        House of Representatives, as appropriate, with regard 
        to officers and employees described in paragraphs (9) 
        and (10) of section 101(f) [5 U.S.C. App. Sec. 101(f) 
        (9), (10)]; and
          (3) the Judicial Conference in the case of an officer 
        or employee described in paragraphs (11) and (12) of 
        section 101(f) [5 U.S.C. App. Sec. 101(f) (11), (12)]. 
        The Judicial Conference may delegate any authority it 
        has under title [5 U.S.C. App. Sec. Sec. 101 et seq.] 
        to an ethics committee established by the Judicial 
        Conference.
Pub.L. 95-521, Title I, Sec. 111, as added Nov. 30, 1989, 
            Pub.L. 101-194, Title II, Sec. 202, 103 Stat. 1744; 
            as amended May 4, 1990, Pub.L. 101-280, Sec. 3(1), 
            (9), 104 Stat. 152, 157.
  E. POLITICAL ACTIVITIES: FEDERAL EMPLOYEES (TITLE 5, UNITED STATES 
                                 CODE)

                              ----------                              


5 U.S.C. Sec. 7321. Political participation

    It is the policy of the Congress that employees should be 
encouraged to exercise fully, freely, and without fear of 
penalty or reprisal, and to the extent not expressly prohibited 
by law, their right to participate or to refrain from 
participating in the political processes of the Nation.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 525; Pub.L. 103-94, 
            Sec. 2, Oct. 6, 1993, 107 Stat. 1001.

5 U.S.C. Sec. 7322. Definitions

    For the purpose of this subchapter--
          (1) ``employee'' means any individual, other than the 
        President and the Vice President, employed or holding 
        office in--
                  (A) an Executive agency other than the 
                General Accounting Office;
                  (B) a position within the competitive service 
                which is not in an Executive agency; or
                  (C) the government of the District of 
                Columbia, other than the Mayor or a member of 
                the City Council or the Recorder of Deeds;
        but does not include a member of the uniformed 
        services;
          (2) ``partisan political office'' means any office 
        for which any candidate is nominated or elected as 
        representing a party any of whose candidates for 
        Presidential elector received votes in the last 
        preceding election at which Presidential electors were 
        selected, but shall exclude any office or position 
        within a political party or affiliated organization; 
        and
          (3) ``political contribution''--
                  (A) means any gift, subscription, loan, 
                advance, or deposit of money or anything of 
                value, made for any political purpose;
                  (B) includes any contract, promise, or 
                agreement, express or implied, whether or not 
                legally enforceable, to make a contribution for 
                any political purpose;
                  (C) includes any payment by any person, other 
                than a candidate or a political party or 
                affiliated organization, of compensation for 
                the personal services of another person which 
                are rendered to any candidate or political 
                party or affiliated organization without charge 
                for any political purpose; and
                  (D) includes the provision of personal 
                services for any political purpose.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 525; Pub.L. 103-94, 
            Sec. 2, Oct. 6, 1993, 107 Stat. 1001.

5 U.S.C. Sec. 7323. Political activity authorized; prohibitions

    (a) Subject to the provisions of subsection (b), an 
employee may take an active part in political management or in 
political campaigns, except an employee may not--
          (1) use his official authority or influence for the 
        purpose of interfering with or affecting the result of 
        an election;
          (2) knowingly solicit, accept, or receive a political 
        contribution from any person, unless such person is--
                  (A) a member of the same Federal labor 
                organization as defined under section 7103(4) 
                of this title or a Federal employee 
                organization which as of the date of enactment 
                of the Hatch Act Reform Amendments of 1993 had 
                a multicandidate political committee (as 
                defined under section 315(a)(4) of the Federal 
                Election Campaign Act of 1971 (2 U.S.C. 
                441a(a)(4)));
                  (B) not a subordinate employee; and
                  (C) the solicitation is for a contribution to 
                the multicandidate political committee (as 
                defined under section 315(a)(4) of the Federal 
                Election Campaign Act of 1971 (2 U.S.C. 
                441a(a)(4))) of such Federal labor organization 
                as defined under section 7103(4) of this title 
                or a Federal employee organization which as of 
                the date of the enactment of the Hatch Act 
                Reform Amendments of 1993 had a multicandidate 
                political committee (as defined under section 
                315(a)(4) of the Federal Election Campaign Act 
                of 1971 (2 U.S.C. 441a(a)(4))); or
          (3) run for the nomination or as a candidate for 
        election to a partisan political office; or
          (4) knowingly solicit or discourage the participation 
        in any political activity of any person who--
                  (A) has an application for any compensation, 
                grant, contract, ruling, license, permit, or 
                certificate pending before the employing office 
                of such employee; or
                  (B) is the subject of or a participant in an 
                ongoing audit, investigation, or enforcement 
                action being carried out by the employing 
                office of such employee.
    (b)(1) An employee of the Federal Election Commission 
(except one appointed by the President, by and with the advice 
and consent of the Senate), may not request or receive from, or 
give to, an employee, a Member of Congress, or an officer of a 
uniformed service a political contribution.
    (2)(A) No employee described under subparagraph (B) (except 
one appointed by the President, by and with the advice and 
consent of the Senate), may take an active part in political 
management or political campaigns.
    (B) The provisions of subparagraph (A) shall apply to--
          (i) an employee of--
                  (I) the Federal Election Commission;
                  (II) the Federal Bureau of Investigation;
                  (III) the Secret Service;
                  (IV) the Central Intelligence Agency;
                  (V) the National Security Council;
                  (VI) the National Security Agency;
                  (VII) the Defense Intelligence Agency;
                  (VIII) the Merit Systems Protection Board;
                  (IX) the Office of Special Counsel;
                  (X) the Office of Criminal Investigation of 
                the Internal Revenue Service;
                  (XI) the Office of Investigative Programs of 
                the United States Customs Service; or
                  (XII) the Office of Law Enforcement of the 
                Bureau of Alcohol, Tobacco, and Firearms; or
                  (XIII) the National Imagery and Mapping 
                Agency; or
          (ii) a person employed in a position described under 
        section 3132(a)(4), 5372, or 5372a of title 5, United 
        States Code.
    (3) No employee of the Criminal Division of the Department 
of Justice (except one appointed by the President, by and with 
the advice and consent of the Senate), may take an active part 
in political management or political campaigns.
    (4) For purposes of this subsection, the term ``active part 
in political management or in a political campaign'' means 
those acts of political management or political campaigning 
which were prohibited for employees of the competitive service 
before July 19, 1940, by determinations of the Civil Service 
Commission under the rules prescribed by the President.
    (c) An employee retains the right to vote as he chooses and 
to express his opinion on political subjects and candidates.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 525; Pub.L. 103-94, 
            Sec. 2, Oct. 6, 1993, 107 Stat. 1002; Pub.L. 103-
            359, Title V, Sec. 501(k), Oct. 14, 1994, 108 Stat. 
            3430; Pub.L. 104-201, Div. A, Title XI, 
            Sec. 1122(a)(1), Sept. 23, 1996, 110 Stat. 2687.

5 U.S.C. Sec. 7324. Political activities on duty; prohibition

    (a) An employee may not engage in political activity--
          (1) while the employee is on duty;
          (2) in any room or building occupied in the discharge 
        of official duties by an individual employed or holding 
        office in the Government of the United States or any 
        agency or instrumentality thereof;
          (3) while wearing a uniform or official insignia 
        identifying the office or position of the employee; or
          (4) using any vehicle owned or leased by the 
        Government of the United States or any agency or 
        instrumentality thereof.
    (b)(1) An employee described in paragraph (2) of this 
subsection may engage in political activity otherwise 
prohibited by subsection (a) if the costs associated with that 
political activity are not paid for by money derived from the 
Treasury of the United States.
    (2) Paragraph (1) applies to an employee--
          (A) the duties and responsibilities of whose position 
        continue outside normal duty hours and while away from 
        the normal duty post; and
          (B) who is--
                  (i) an employee paid from an appropriation 
                for the Executive Office of the President; or
                  (ii) an employee appointed by the President, 
                by and with the advice and consent of the 
                Senate, whose position is located within the 
                United States, who determines policies to be 
                pursued by the United States in relations with 
                foreign powers or in the nationwide 
                administration of Federal laws.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 525; as amended by 
            Pub.L. 93-268, Sec. 4(a), Apr. 17, 1974, 88 Stat. 
            87; Pub.L. 103-94, Sec. 2, Oct. 6, 1993, 107 Stat. 
            1003.

5 U.S.C. Sec. 7325. Political activity permitted; employees residing in 
                    certain municipalities

    The Office of Personnel Management may prescribe 
regulations permitting employees, without regard to the 
prohibitions in paragraphs (2) and (3) of section 7323(a) and 
paragraph (2) of Section 7323(b) of this title, to take an 
active part in political management and political campaigns 
involving the municipality or other political subdivision in 
which they reside, to the extent the Office considers it to be 
in their domestic interest, when--
          (1) the municipality or political subdivision is in 
        Maryland or Virginia and in the immediate vicinity of 
        the District of Columbia, or is a municipality in which 
        the majority of voters are employed by the Government 
        of the United States; and
          (2) the Office determines that because of special or 
        unusual circumstances which exist in the municipality 
        or political subdivision it is in the domestic interest 
        of the employees and individuals to permit that 
        political participation.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 526; Pub.L. 96-54, 
            Sec. 2(a)(44), Aug. 14, 1979, 93 Stat. 384; Pub.L. 
            103-94, Sec. 2, Oct. 6, 1993, 107 Stat. 1004; 
            Pub.L. 104-93; Title III, Sec. 308, Jan. 6, 1996, 
            109 Stat. 966.

5 U.S.C. Sec. 7326. Penalties

    An employee or individual who violates section 7323 or 7324 
of this title shall be removed from his position, and funds 
appropriated for the position from which removed thereafter may 
not be used to pay the employee or individual. However, if the 
Merit Systems Protection Board finds by unanimous vote that the 
violation does not warrant removal, a penalty of not less than 
30 days' suspension without pay shall be imposed by direction 
of the Board.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 526; Pub.L. 103-94, 
            Sec. 2, Oct. 6, 1993, 107 Stat. 1004.

5 U.S.C. Sec. 7351. Gifts to superiors

    (a) An employee may not--
          (1) solicit a contribution from another employee for 
        a gift to an official superior;
          (2) make a donation as a gift or give a gift to an 
        official superior; or
          (3) accept a gift from an employee receiving less pay 
        than himself.
    (b) An employee who violates this section shall be subject 
to appropriate disciplinary action by the employing agency or 
entity.
    (c) Each supervising ethics office (as defined in section 
7353(d)(1)) is authorized to issue regulations implementing 
this section, including regulations exempting voluntary gifts 
or contributions that are given or received for special 
occasions such as marriage or retirement or under other 
circumstances in which gifts are traditionally given or 
exchanged.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 527; as amended Pub.L. 
            101-194, Title III, Sec. 301, Nov. 30, 1989, 103 
            Stat. 1745; Pub.L. 101-280, Sec. 4(a), May 4, 1990, 
            104 Stat. 157.)

5 U.S.C. Sec. 7353. Gifts to Federal employees

    (a) Except as permitted by subsection (b), no Member of 
Congress or officer or employee of the executive, legislative, 
or judicial branch shall solicit or accept anything of value 
from a person--
          (1) seeking official action from, doing business 
        with, or (in the case of executive branch officers and 
        employees) conducting activities regulated by, the 
        individual's employing entity; or
          (2) whose interests may be substantially affected by 
        the performance or nonperformance of the individual's 
        official duties.
    (b)(1) Each supervising ethics office is authorized to 
issue rules or regulations implementing the provisions of this 
section and providing for such reasonable exceptions as may be 
appropriate.
    (2)(A) Subject to subparagraph (B), a Member, officer, or 
employee may accept a gift pursuant to rules or regulations 
established by such individual's supervising ethics office 
pursuant to paragraph (1);
    (B) No gift may be accepted pursuant to subparagraph (A) in 
return for being influenced in the performance of any official 
act.
    (3) Nothing in this section precludes a Member, officer, or 
employee from accepting gifts on behalf of the United States 
Government or any of its agencies in accordance with statutory 
authority.
    (c) A Member of Congress or an officer or employee who 
violates this section shall be subject to appropriate 
disciplinary and other remedial action in accordance with any 
applicable laws. Executive orders, and rules or regulations.
    (d) For purposes of this section--
          (1) the term ``supervising ethics office'' means--
                  (A) the Committee on Standards of Official 
                Conduct of the House of Representatives or the 
                House of Representatives as a whole, for 
                Members, officers, and employees of the House 
                of Representatives;
                  (B) the Select Committee on Ethics of the 
                Senate, or the Senate as a whole, for Senators, 
                officers, and employees of the Senate;
                  (C) the Judicial Conference of the United 
                States for judges and judicial branch officers 
                and employees;
                  (D) the Office of Government Ethics for all 
                executive branch officers and employees; and
                  (E) the ethics committee with which the 
                officer or employee is required to file 
                financial disclosure forms, for all legislative 
                branch officers and employees other than those 
                specified in subparagraphs (A) and (B), except 
                that such authority may be delegated; and
          (2) the term ``officer or employee'' means an 
        individual holding an appointive or elective position 
        in the executive, legislative, or judicial branch of 
        Government, other than a Member of Congress.
Added Pub.L. 101-194, Nov. 30, 1989, Title III, Sec. 303, 103 
            Stat. 1746, amended Pub.L. 101-280, Sec. 4(d), May 
            4, 1990, 104 Stat. 158.
  F. POLITICAL ACTIVITIES: STATE AND LOCAL EMPLOYEES (TITLE 5, UNITED 
                              STATES CODE)

                              ----------                              


5 U.S.C. Sec. 1501. Definitions

    For the purpose of this chapter--
          (1) ``State'' means a State or territory or 
        possession of the United States;
          (2) ``State or local agency'' means the executive 
        branch of a State, municipality, or other political 
        subdivision of a State, or an agency or department 
        thereof;
          (3) ``Federal agency'' means an Executive agency or 
        other agency of the United States, but does not include 
        a member bank of the Federal Reserve System; and
          (4) ``State or local officer or employee'' means an 
        individual employed by a State or local agency whose 
        principal employment is in connection with an activity 
        which is financed in whole or in part by loans or 
        grants made by the United States or a Federal agency, 
        but does not include--
                  (A) an individual who exercises no functions 
                in connection with that activity; or
                  (B) an individual employed by an educational 
                or research institution, establishment, agency 
                or system which is supported in whole or in 
                part by a State or political subdivision 
                thereof, or by a recognized religious, 
                philanthropic, or cultural organization.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 403; as amended by 
            Pub.L. 93-443, Title VI, Sec. 401(c), Oct. 15, 
            1974, 88 Stat. 1290.

5 U.S.C. Sec. 1502. Influencing elections; taking part in political 
                    campaigns; prohibitions; exceptions

    (a) A State or local officer or employee may not--
          (1) use his official authority or influence for the 
        purpose of interfering with or affecting the result of 
        an election or a nomination for office;
          (2) directly or indirectly coerce, attempt to coerce, 
        command, or advise a State or local officer or employee 
        to pay, lend, or contribute anything of value to a 
        party, committee, organization, agency, or person for 
        political purposes; or
          (3) be a candidate 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) 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.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 404; as amended by 
            Pub.L. 93-443, Title IV, Sec. 401(a), Oct. 15, 
            1974, 88 Stat. 1290.

5 U.S.C. Sec. 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 representing a party any of whose 
candidates for Presidential elector received votes in the last 
preceding election at which Presidential electors were 
selected.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 404; as amended by 
            Pub.L. 93-443, Title IV, Sec. 401(b)(1), Oct. 15, 
            1974, 88 Stat. 1290.

5 U.S.C. Sec. 1504. Investigations; notice of hearing

    When a Federal agency charged with the duty of making a 
loan or grant of funds of the United States for use in an 
activity by a State or local officer or employee has reason to 
believe that the officer or employee has violated section 1502 
of this title, it shall report the matter to the Special 
Counsel. On receipt of the report, or on receipt of other 
information which seems to the Special Counsel to warrant an 
investigation, the Special Counsel shall investigate the report 
and such other information and present his findings and any 
charges based on such findings to the Merit Systems Protection 
Board, which shall--
          (1) fix a time and place for a hearing; and
          (2) send, by registered or certified mail, to the 
        officer or employee charged with the violation and to 
        the State or local agency employing 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.
Pub.L. 89-544, Sept. 6, 1966, 80 Stat. 405; as amended by 
            Pub.L. 95-454, Title IX, Sec. 906(c)(7), Oct. 13, 
            1978, 92 Stat. 1225.

5 U.S.C. Sec. 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 Merit System Protection 
Board 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 employee from his office or 
        employment; and
          (3) notify the officer or employee and the agency of 
        the determination by registered or certified mail.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 405; as amended by 
            Pub.L. 95-454, Title IX, Sec. 906(a)(6), Oct. 13, 
            1978, 92 Stat. 1225.

5 U.S.C. Sec. 1506. Orders; withholding loans or grants; limitations

    (a) When the Merit Systems Protection Board finds--
          (1) that a State or local officer or employee has not 
        been removed from his office or employment within 30 
        days after notice of a determination by the Board that 
        he has violated section 1502 of this title and that the 
        violation warrants removal; or
          (2) that the State or local officer or employee has 
        been removed and has been appointed within 18 months 
        after his removal to an office or employment in the 
        same State in a State or local agency which does not 
        receive loans or grants from a Federal agency;
the Board shall make and certify to the appropriate Federal 
agency an order requiring that agency to withhold from its 
loans or grants to the State or local agency to which notice 
was given an amount 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 Board 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 or order of the Board becomes final at the end of 
30 days after mailing the notice of the determination or order.
    (c) The Board 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 
jeopardize the payment of the principal or interest on the 
bonds or notes.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 405; as amended by 
            Pub.L. 95-454, Title IX, Sec. 906(a)(6), Oct. 13, 
            1978, 92 Stat. 1225.

5 U.S.C. Sec. 1507. Subpenas and depositions

    (a) The Merit Systems Protection Board may require by 
subpena the attendance and testimony of witnesses and the 
production of documentary evidence relating to any matter 
before it as a result of this chapter. Any member of the Board 
may sign subpenas, and members of the Board and its examiners 
when authorized by the Board may administer oaths, examine 
witnesses, and receive evidence. The attendance of witnesses 
and the production of documentary evidence may be required from 
any place in the United States at the designated place of 
hearing. In case of disobedience to a subpena, the Board may 
invoke the aid of a court of the United States in requiring the 
attendance and testimony of witnesses and the production of 
documentary evidence. In case of contumacy or refusal to obey a 
subpena issued to a person, the United States District Court 
within whose jurisdiction the inquiry is carried on may issue 
an order requiring him to appear before the Board, 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 Board 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 Board and having the power to 
administer oaths. Testimony shall be reduced to writing by the 
individual taking the deposition, 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 Board 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 otherwise, required of him may tend to 
incriminate him or subject him to a penalty or forfeiture for 
or on account of any transaction, matter, or thing concerning 
which he is compelled to testify, or produce evidence, 
documentary or otherwise, before the Board in obedience to a 
subpena issued by it. A person so testifying is not exempt from 
prosecution and punishment for perjury committed in so 
testifying.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 406; as amended by 
            Pub.L. 95-454, Title IX, Sec. 906(a)(6), Oct. 13, 
            1978, 92 Stat. 1225.

5 U.S.C. Sec. 1508. Judicial review

    A party aggrieved by a determination or order of the Merit 
Systems Protection Board under section 1504, 1505, or 1506 of 
this title may, within 30 days after the mailing of notice of 
the determination or order, institute proceedings for review 
thereof by filing a petition in the United States District 
Court for the district in which the State or local officer or 
employee resides. The institution of the proceedings does not 
operate as a stay of the determination or order unless--
          (1) the court specifically orders a stay; and
          (2) the officer or employee is suspended from his 
        office or employment while the proceedings are pending.
A copy of the petition shall immediately be served on the 
Board, and thereupon the Board shall certify and file in the 
court a transcript 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 adduce 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 adduce this evidence in the hearing before the Board, the 
court may direct that the additional evidence be taken before 
the Board in the manner and on the terms and conditions fixed 
by the court. The Board 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; and 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 Board 
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 United States 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 determination or 
order of the Board, the determination or order becomes final 
and effective as to that party as if the provision had not been 
enacted.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 406; as amended by 
            Pub.L. 95-454, Title IX, Sec. 906(a)(6), Oct. 13, 
            1978, 92 Stat. 1225.
   G. LIMITATIONS ON OUTSIDE EMPLOYMENT AND ELIMINATION OF HONORARIA

                              ----------                              


5 U.S.C. App. 4 Sec. 501. Outside earned income limitation [title V of 
                    the Ethics in Government Act of 1978, as amended]

    (a) Outside earned income limitation--
          (1) Except as provided by paragraph (2), a Member or 
        an officer or employee who is a noncareer officer or 
        employee and who occupies a position classfied above 
        GS-15 of the General Schedule or, in the case of 
        positions not under the General Schedule, for which the 
        rate of basic pay is equal to or greater than 120 
        percent of the minimum rate of basic pay payable for 
        GS-15 of the General Schedule, may not in any calendar 
        year have outside earned income attributable to such 
        calendar year which exceeds 15 percent of the annual 
        rate of basic pay for level II of the Executive 
        Schedule under section 5313 of title 5, United States 
        Code, as of January 1 of such calendar year.
          (2) In the case of any individual who becomes a 
        Member or an officer or employee who is a noncareer 
        officer or employee and who occupies a position 
        classified above GS-15 of the General Schedule or, in 
        the case of positions not under the General Schedule, 
        for which the rate of basic pay is equal to or greater 
        than 120 percent of the minimum rate of basic pay 
        payable for GS-15 of the General Schedule, such 
        individual may not have outside earned income 
        attributable to the portion of that calendar year which 
        occurs after such individual becomes a Member or such 
        an officer or employee which exceeds 15 percent of the 
        annual rate of basic pay for level II of the Executive 
        Schedule under section 5313 of title 5, United States 
        Code, as of January 1 of such calendar year multiplied 
        by a fraction, the numerator of which is the number of 
        days such individual is a Member or such officer or 
        employee during such calendar year and the denominator 
        of which is 365.
    (b) Honoraria prohibition.--An individual may not receive 
any honorarium while that individual is a Member, officer or 
employee.
    (c) Treatment of charitable contributions.--Any honorarium 
which, except for subsection (b), might be paid to a Member, 
officer or employee, but which is paid instead on behalf of 
such Member, officer or employee to a charitable organization, 
shall be deemed not to be received by such Member, officer or 
employee. [See also Senate Rule 35 pertaining to gifts.] No 
such payment shall exceed $2,000 or be made to a charitable 
organization from which such individual or a parent, sibling, 
spouse, child, or dependent relative of such individual derives 
any financial benefit.
Pub.L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as 
            amended Pub.L. 101-194, Title VI Sec. 601(a), Nov. 
            30, 1989, 103 Stat. 1760; Pub.L. 101-280 Sec. 7(a), 
            May 4, 1990, 104 Stat. 161; Pub.L. 102-378, 
            Sec. 4(b)(1), (2), Oct. 2, 1992, 106 Stat. 1357.

5 U.S.C. App. Sec. 502. Limitations on outside employment

    (a) Limitations.--A Member or an officer or employee who is 
a noncareer officer or employee and who occupies a position 
classified above GS-15 of the General Schedule or, in the case 
of positions not under the General Schedule, for which the rate 
of basic pay is equal to or greater than 120 percent of the 
minimum rate of basic pay payable for GS-15 of the General 
Schedule shall not--
          (1) receive compensation for affiliating with or 
        being employed by a firm, partnership, association, 
        corporation, or other entity which provides 
        professional services involving a fiduciary 
        relationship;
          (2) permit that Member's, officer's, or employee's 
        name to be used by any such firm, partnership, 
        association, corporation, or other entity;
          (3) receive compensation for practicing a profession 
        which involves a fiduciary relationship;
          (4) serve for compensation as an officer or member of 
        the board of any association, corporation, or other 
        entity; or
          (5) receive compensation for teaching, without the 
        prior notification and approval of the appropriate 
        entity referred to in section 503.
    (b) Teaching compensation of justices and judges retired 
from regular active service.--For purposes of the limitation 
under section 501(a), any compensation for teaching approved 
under subsection (a)(5) of this section shall not be treated as 
outside earned income--
          (1) when received by a justice of the United States 
        retired from regular active service under section 
        371(b) of title 28, United States Code;
          (2) when received by a judge of the United States 
        retired from regular active service under section 
        371(b) of title 28, United States Code, for teaching 
        performed during any calendar year for which such judge 
        has met the requirements of subsection (f) of section 
        371 of title 28, United States Code, as certified in 
        accordance with such subsection; or
          (3) when received by a justice or judge of the United 
        States retired from regular active service under 
        section 372(a) of title 28, United States Code.
Pub.L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as 
            amended Pub.L. 101-194, Title VI, Sec. 601(a), Nov. 
            30, 1989, 103 Stat. 1760; Pub.L. 101-280, 
            Sec. 7(a)(1), (b), May 4, 1990, 104 Stat. 161; 
            Pub.L. 101-650, Title III, Sec. 319, Dec. 1, 1990, 
            104 Stat. 5117; Pub.L. 102-198, Sec. 6, Dec. 9, 
            1991, 105 Stat. 1624; Pub.L. 102-378, Sec. 4(b)(3), 
            Oct. 2, 1992, 106 Stat. 1357.

5 U.S.C. App. Sec. 503. Administration

    This title shall be subject to the rules and regulations 
of--
          (1) and administered by--
                  (A) the Committee on Standards of Official 
                Conduct of the House of Representatives, with 
                respect to Members, officers, and employees of 
                the House of Representatives; and
                  (B) in the case of Senators and legislative 
                branch officers and employees other than those 
                officers and employees specified in 
                subparagraph (A), the committee to which 
                reports filed by such officers and employees 
                under title I are transmitted under such title, 
                except that the authority of this section may 
                be delegated by such committee with respect to 
                such officers and employees;
          (2) The Office of Government Ethics and administered 
        by designated agency ethics officials with respect to 
        officers and employees of the executive branch; and
          (3) and administered by the Judicial Conference of 
        the United States (or such other agency as it may 
        designate) with respect to officers and employees of 
        the judicial branch.
Pub.L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as 
            amended Pub.L. 101-194, Title VI Sec. 601(a), Nov. 
            30, 1989, 103 Stat. 1760; Pub.L. 101-280, 
            Sec. 7(c), May 4, 1990, 104 Stat. 161; Pub.L. 102-
            90, Title I, Sec. 6(b)(1), Aug. 14, 1991, 105 Stat. 
            450.

5 U.S.C. App. Sec. 504. Civil penalties

    (a) Civil action.--The Attorney General may bring a civil 
action in any appropriate United States district court against 
any individual who violates any provision of section 501 or 
502. The court in which such action is brought may assess 
against such individual a civil penalty of not more than 
$10,000 or the amount of compensation, if any, which the 
individual received for the prohibited conduct, whichever is 
greater.
    (b) Advisory opinions.--Any entity described in section 503 
may render advisory opinions interpreting this title, in 
writing, to individuals covered by this title. Any individual 
to whom such an advisory opinion is rendered and any other 
individual covered by this title who is involved in a fact 
situation which is indistinguishable in all material aspects, 
and who, after the issuance of such advisory opinion, acts in 
good faith in accordance with its provisions and findings shall 
not, as a result of such actions, be subject to any sanction 
under subsection (a).
Pub.L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as 
            amended Pub.L. 101-194, Title VI, Sec. 601(a), Nov. 
            30, 1989, 103 Stat. 1761.

5 U.S.C. App. Sec. 505. Definitions

    For purposes of this title:
          (1) The term ``Member'' means a Senator in, a 
        Representative in, or a Delegate or Resident 
        Commissioner to, the Congress.
          (2) The term ``officer or employee'' means any 
        officer or employee of the Government except any 
        special Government employee (as defined in section 202 
        of title 18, United States Code).
          (3) The term ``honorarium'' means a payment of money 
        or anything of value for an appearance, speech or 
        article (including a series of appearances, speeches, 
        or articles if the subject matter is directly related 
        to the individual's official duties or the payment is 
        made because of the individual's status with the 
        Government) by a Member, officer or employee, excluding 
        any actual and necessary travel expenses incurred by 
        such individual (and one relative) to the extent that 
        such expenses are paid or reimbursed by any other 
        person, and the amount otherwise determined shall be 
        reduced by the amount of any such expenses to the 
        extent that such expenses are not paid or reimbursed.
          (4) The term ``travel expenses'' means, with respect 
        to a Member, officer or employee, or a relative of any 
        such individual, the cost of transportation, and the 
        cost of lodging and meals while away from his or her 
        residence or principal place of employment.
          (5) The term ``charitable organization'' means an 
        organization described in section 170(c) of the 
        Internal Revenue Code of 1986.
Pub.L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as 
            amended Pub.L. 101-194, Title VI, Sec. 601(A), Nov. 
            30, 1989, 103 Stat. 1760; Pub.L. 102-90, Title I, 
            Sec. 6(b)(2) and Title III, Sec. 314(b), August 14, 
            1991, 105 Stat. 450, 469.
       H. CRIMINAL CODE PROVISIONS (TITLE 18, UNITED STATES CODE)

                              ----------                              


         Chapter 11--Bribery, Graft, and Conflicts of Interest

18 U.S.C. Sec. 203. Compensation to Members of Congress, officers and 
                    others in matters affecting the Government

    (a) Whoever, otherwise than as provided by law for the 
proper discharge of official duties, directly or indirectly--
          (1) demands, seeks, receives, accepts, or agrees to 
        receive or accept any compensation for any 
        representational services, as agent or attorney or 
        otherwise, rendered or to be rendered either personally 
        or by another--
                  (A) at a time when such person is a Member of 
                Congress, Member of Congress Elect, Delegate, 
                Delegate Elect, Resident Commissioner, or 
                Resident Commissioner Elect; or
                  (B) at a time when such person is an officer 
                or employee or Federal judge of the United 
                States in the executive, legislative, or 
                judicial branch of the Government, or in any 
                agency of the United States, in relation to any 
                proceeding, application, request for a ruling 
                or other determination, contract, claim, 
                controversy, charge, accusation, arrest or 
                other particular matter in which the United 
                States is a party or has a direct and 
                substantial interest, before any department, 
                agency, court, court-martial, officer, or any 
                civil, military, or naval commission; or
          (2) knowingly gives, promises, or offers any 
        compensation for any such representational services 
        rendered or to be rendered at a time when the person to 
        whom the compensation is given, promised, or offered, 
        is or was such a Member, Member Elect, Delegate, 
        Delegate Elect, Commissioner, Commissioner Elect, 
        Federal judge, officer, or employee;
    (b) Whoever, otherwise than as provided by law for the 
proper discharge of official duties, directly or indirectly--
          (1) demands, seeks, receives, accepts, or agrees to 
        receive or accept any compensation for any 
        representational services, as agent or attorney or 
        otherwise, rendered or to be rendered either personally 
        or by another, at a time when such person is an officer 
        or employee of the District of Columbia, in relation to 
        any proceeding, application, request for a ruling or 
        other determination, contract, claim, controversy, 
        charge, accusation, arrest, other particular matter in 
        which the District of Columbia is a party or has a 
        direct and substantial interest, before any department, 
        agency, court, officer, or commission; or
          (2) knowingly gives, promises, or offers any 
        compensation for any such representational services 
        rendered or to be rendered at a time when the person to 
        whom the compensation is given, promised, or offered, 
        is or was an officer or employee of the District of 
        Columbia;
shall be subject to the penalties set forth in section 216 of 
this title.
    (c) A special Government employee shall be subject to 
subsections (a) and (b) only in relation to a particular matter 
involving a specific party or parties--
          (1) in which such employee has at any time 
        participated personally and substantially as a 
        Government employee or as a special Government employee 
        through decision, approval, disapproval, 
        recommendation, the rendering of advice, investigation 
        or otherwise; or
          (2) which is pending in the department or agency of 
        the Government in which such employee is serving except 
        that paragraph (2) of this subsection shall not apply 
        in the case of a special Government employee who has 
        served in such department or agency no more than sixty 
        days during the immediately preceding period of three 
        hundred and sixty-five consecutive days.
    (d) Nothing in this section prevents an officer or 
employee, including a special Government employee, from acting, 
with or without compensation, as agent or attorney for or 
otherwise representing his parents, spouse, child, or any 
person for whom, or for any estate for which, he is serving as 
guardian, executor, administrator, trustee, or other personal 
fiduciary except--
          (1) in those matters in which he has participated 
        personally and substantially as a Government employee 
        or as a special Government employee through decision, 
        approval, disapproval, recommendation, the rendering of 
        advice, investigation, or otherwise; or
          (2) in those matters that are the subject of his 
        official responsibility, subject to approval by the 
        Government official responsible for appointment to his 
        position.
    (e) Nothing in this section prevents a special Government 
employee from acting as agent or attorney for another person in 
the performance of work under a grant by, or a contract with or 
for the benefit of, the United States if the head of the 
department or agency concerned with the grant or contract 
certifies in writing that the national interest so requires and 
publishes such certification in the Federal Register.
    (f) Nothing in this section prevents an individual from 
giving testimony under oath or from making statements required 
to be made under penalty or perjury.
Added Pub.L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1121; 
            and amended Pub.L. 91-405, Title II, Sec. 204(d) 
            (2), (3), Sept. 22, 1970, 84 Stat 853; Pub.L. 99-
            646, Sec. 47(a), Nov. 10, 1986, 100 Stat. 3604; 
            Pub.L. 101-194, Title IV, Sec. 402, Nov. 30, 1989, 
            103 Stat. 1748; Pub.L. 101-280, Sec. 5(b), May 4, 
            1990, 104 Stat. 159.

18 U.S.C. Sec. 210. Offer to procure appointive public office

    Whoever pays or offers or promises any money or things of 
value, to any person, firm, or corporation in consideration of 
the use or promise to use any influence to procure any 
appointive office or place under the United States for any 
person, shall be fined under this title or imprisoned not more 
than one year, or both.
June 25, 1948, ch. 62 Stat. 694; Sec. 210, formerly Sec. 214, 
            renumbered Oct. 23, 1962, Pub.L. 87-849, Sec. 1(b), 
            76 Stat. 1125; Sept. 13, 1994, Pub.L. 103-322, 
            Title XXXIII, Sec. 330016(1)(H), 108 Stat. 2147.

18 U.S.C. Sec. 211. Acceptance or solicitation to obtain appointive 
                    public office

    Whoever solicits or receives, either as a political 
contribution, or for personal emolument, any money or thing of 
value, in consideration of the promise of support or use of 
influence in obtaining for any person any appointive office or 
place under the United States, shall be fined under this title 
or imprisoned not more than one year, or both.
    Whoever solicits or receives anything of value in 
consideration of aiding a person to obtain employment under the 
United States either by referring his name to an executive 
department or agency of the United States or by requiring the 
payment of a fee because such person has secured such 
employment shall be fined under this title or imprisoned not 
more than one year, or both. This section shall not apply to 
such services rendered by an employment agency pursuant to the 
written request of an executive department or agency of the 
United States.
June 25, 1948, ch. 645, 62 Stat. 694; Sec. 211, formerly 
            Sec. 215, amended Sept. 13, 1951, ch. 380, 65 Stat. 
            320; and renumbered Oct. 23, 1962, Pub.L. 87-849, 
            Sec. 1(b), 76 Stat. 1125; Sept. 13, 1994, Pub.L. 
            103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat. 
            2147.

18 U.S.C. Sec. 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 any 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 under 
this title or imprisoned not more than five years, or both; 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.
June 24, 1948, ch. 645, 62 Stat. 719; Sept. 13, 1994, Pub.L. 
            103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat. 
            2147.

18 U.S.C. Sec. 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; or
    Whoever, being such officer or member, prevents or attempts 
to prevent by force, threat, intimidation, advice, or otherwise 
any qualified voter of any State from fully exercising the 
right of suffrage at any general or special election; or
    Whoever, being such officer or member, orders or compels or 
attempts to compel any election officer in any State to receive 
a vote from a person not legally qualified to vote; or
    Whoever, being such officer or member, imposes or attempts 
to impose 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 under this title or imprisoned not more than 
five years, or both; and 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 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.
June 25, 1948, ch. 645, 62 Stat. 719; Sept. 13, 1994, Pub.L. 
            103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat. 
            2147.

18 U.S.C. Sec. 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 candidate for the 
office of President, Vice President, Presidential elector, 
Member of the Senate, Member of the House of Representatives, 
Delegate from the District of Columbia, or Resident 
Commissioner, at any election held solely or in part for the 
purpose of electing such candidate, shall be fined under this 
title or imprisoned not more than one year, or both.
June 25, 1948, ch. 645, 62 Stat. 720; as amended by Pub.L. 91-
            405, Title II, Sec. 204(d)(5), Sept. 22, 1970, 84 
            Stat. 853; Sept. 13, 1994, Pub.L. 103-322, Title 
            XXXIII, Sec. 330016(1)(H), 108 Stat. 2147.

18 U.S.C. Sec. 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 political 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 
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 department 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 elector, Member of 
the Senate, Member of the House of Representatives, Delegate 
from the District of Columbia, or Resident Commissioner, shall 
be fined under this title or imprisoned not more than one year, 
or both.
    This section shall not prohibit or make unlawful any act by 
any officer or employee of any educational or research 
institution, establishment, 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 
recognized religious, philanthropic or cultural organization.
June 25, 1948, c. 645, 62 Stat. 720; as amended by Pub.L. 91-
            405, Title II, Sec. 204(d)(6), 84 Stat. 853; Sept. 
            13, 1994, Pub.L. 103-322, Title XXXIII, 
            Sec. 330016(1)(H)(L), 108 Stat. 2147.

18 U.S.C. Sec. 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 United 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 candidate, 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 under this title or 
imprisoned for not more than one year, or both.
    The word ``poll'' means any request for information, verbal 
or written 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.
June 25, 1948, ch. 645, 62 Stat. 720; Sept. 13, 1994, Pub.L. 
            103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat. 
            2147.

18 U.S.C. Sec. 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 candidate; and
    Whoever solicits, accepts, or receives any such expenditure 
in consideration of his vote or the withholding of his vote--
shall be fined under this title or imprisoned not more than one 
year, or both; and if the violation was willful, shall be fined 
under this title or imprisoned not more than two years, or 
both.
June 24, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994, Pub.L. 
            103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat. 
            2147; Oct. 11, 1996, Pub.L. 104-294, Title VI, 
            Sec. 601(a)(12), 110 Stat. 3498.

18 U.S.C. Sec. 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 administers any authority conferred by any 
Appropriation Act for the purpose of interfering with, 
restraining, or coercing any individual in the exercise of his 
right to vote at any election, shall be fined under this title 
or imprisoned not more than one year, or both.
June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994, Pub.L. 
            103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat. 
            2147.

18 U.S.C. Sec. 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 appointment of any person to any public or 
private position or employment, for the purpose of procuring 
support in his candidacy shall be fined under this title or 
imprisoned not more than one year, or both; and if the 
violation was willful, shall be fined under this title or 
imprisoned not more than two years, or both.
June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994, Pub.L. 
            103-322, Title XXXIII, Sec. 330016(1)(H), (L), 108 
            Stat. 2147.

18 U.S.C. Sec. 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 any 
Act of Congress, or any special consideration in obtaining any 
such benefit, to any person as a consideration, favor, or 
reward for any political activity or for the support of our 
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 under this title or 
imprisoned not more than one year, or both.
June 15, 1948, ch. 645, 62 Stat. 721; as amended Pub.L. 92-225, 
            Title II, Sec. 202, Feb. 7, 1972, 86 Stat. 9; and 
            Pub.L. 94-453, Sec. 3, Oct. 2, 1976, 90 Stat. 1517; 
            Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, 
            Sec. 330016(2)(L), 108 Stat. 2147.

18 U.S.C. Sec. 601. Deprivation of employment or other benefit for 
                    political contribution

    (a) Whoever, directly or indirectly knowingly causes or 
attempts to cause any person to make a contribution of a thing 
of value (including services) for the benefit of any candidate 
of any political party, by means of the denial or deprivation, 
or the threat of the denial or deprivation, of--
          (1) any employment, position, or work in or for any 
        agency or other entity of the Government of the United 
        States, a State, or a political subdivision of a State, 
        or any compensation or benefit of such employment, 
        position, or work; or
          (2) any payment or benefit of a program of the United 
        States, a State, or a political subdivision of a State; 
        if such employment, position, work, compensation, 
        payment, or benefit is provided for or made possible in 
        whole or in part by an Act of Congress, shall be fined 
        under this title or imprisoned not more than one year, 
        or both.
    (b) As used in this section--
          (1) The term ``candidate'' means an individual who 
        seeks nomination for election, or election, to Federal, 
        State, or local 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, to Federal, State, or local 
        office, if he has (A) taken the action necessary under 
        the law of a State to qualify himself for nomination 
        for election, or election, or (B) 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;
          (2) the term ``election'' means (A) a general, 
        special primary, or runoff election, (B) a convention 
        or caucus of a political party held to nominate a 
        candidate, (C) a primary election held for the 
        selection of delegates to a nominating convention of a 
        political party, (D) a primary election held for the 
        expression of a preference for the nomination of 
        persons for election to the office of President, and 
        (E) the election of delegates to a constitutional 
        convention for proposing amendments to the Constitution 
        of the United States or of any State; and
          (3) the term ``State'' means a State of the United 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, or any territory or possession of the 
        United States.
June 25, 1948, ch. 645, Stat. 721; as amended by Pub.L. 94-453, 
            Sec. 1, Oct. 2, 1976, 90 Stat. 1515; Sept. 13, 
            1994, Pub.L. 103-322, Title XXXIII, 
            Sec. 330016(1)(L), 108 Stat. 2147.

18 U.S.C. Sec. 602. Solicitation of political contributions

    It shall be unlawful for--
          (a)(1) a candidate for the Congress;
          (2) an individual elected to or serving in the office 
        of Senator or Representative in, or Delegate or 
        Resident Commissioner to, the Congress;
          (3) an officer or employee of the United States or 
        any department or agency thereof; or
          (4) a person receiving any salary or compensation for 
        services from money derived from the Treasury of the 
        United States;
to knowingly solicit any contribution within the meaning of 
section 301(8) of the Federal Election Campaign Act of 1971 (2 
U.S.C. Sec. 431(8)) from any other such officer, employee, or 
person. Any person who violates this section shall be fined 
under this title or imprisoned not more than 3 years, or both.
    (b) The prohibition in subsection (a) shall not apply to 
any activity of an employee (as defined in section 7322(1) of 
title 5) or any individual employed in or under the United 
States Postal Service or the Postal Rate Commission, unless 
that activity is prohibited by section 7323 or 7324 of such 
title.

June 25, 1948, ch. 645, 62 Stat. 722; as amended by Pub.L. 96-
            187, Title II, Sec. 201, Jan. 8, 1980, 93 Stat. 
            1367; Pub.L. 103-94, Sec. 4, Oct. 6, 1993, 107 
            Stat. 1004; Sept. 13, 1994, Pub.L. 103-322, Title 
            XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.

18 U.S.C. Sec. 603. Making political contributions

    (a) It shall be unlawful for an officer or employee of the 
United States or any department or agency thereof, or a person 
receiving any salary or compensation for services from money 
derived from the Treasury of the United States, to make any 
contribution within the meaning of section 301(8) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. Sec. 431(8)) to 
any other such officer, employee or person or to any Senator or 
Representative in, or Delegate, or Resident Commissioner to, 
the Congress, if the person receiving such contribution is the 
employer or employing authority of the person making the 
contribution. Any person who violates this section shall be 
fined under this title or imprisoned not more than three years, 
or both.
    (b) For purposes of this section, a contribution to an 
authorized committee as defined in section 302(e)(1) of the 
Federal Election Campaign Act of 1971 [2 U.S.C. Sec. 432(e)(1)] 
shall be considered a contribution to the individual who has 
authorized such committee.
    (c) The prohibition in subsection (a) shall not apply to 
any activity of an employee (as defined in section 7322(1) of 
title 5) or any individual employed in or under the United 
States Postal Service or the Postal Rate Commission, unless 
that activity is prohibited by section 7323 or 7324 of such 
title.

June 25, 1948, ch. 645, 62 Stat. 722; Oct. 31, 1951, ch. 665, 
            Sec. 20(b), 65 Stat. 718; as amended by Pub.L. 96-
            187, Title II, Sec. 201, Jan. 8, 1980, 93 Stat. 
            1367; Pub.L. 103-94, Sec. 4, Oct. 6, 1993, 107 
            Stat. 1005; Sept. 13, 1994, Pub.L. 103-322, Title 
            XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.

18 U.S.C. Sec. 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 person 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 under this title or imprisoned not 
more than one year, or both.
June 25, 1948, ch. 645, 62 Stat. 722; Sept. 13, 1994, Pub.L. 
            103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat. 
            2147.

18 U.S.C. Sec. 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 be fined under this title or imprisoned not more than one 
year, or both.
June 25, 1948, ch. 645, 62 Stat. 722; Sept. 13, 1994, Pub.L. 
            103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat. 
            2147.

18 U.S.C. Sec. 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 neglecting to make any contribution of money or 
other valuable thing for any political purpose, shall be fined 
under this title or imprisoned not more than three years, or 
both.
June 25, 1948, ch. 645, 62 Stat. 722; Sept. 13, 1994, Pub.L. 
            103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat. 
            2147.

18 U.S.C. Sec. 607. Place of solicitation

    (a) It shall be unlawful for any person to solicit or 
receive any contribution within the meaning of section 301(8) 
of the Federal Election Campaign Act of 1971 in any room or 
building occupied in the discharge of official duties by any 
person mentioned in section 603, or in any navy yard, fort, or 
arsenal. Any person who violates this section shall be fined 
under this title or imprisoned not more than three years, or 
both.
    (b) The prohibition in subsection (a) shall not apply to 
the receipt of contributions by persons on the staff of a 
Senator or Representative in, or Delegate or Resident 
Commissioner to, the Congress, provided, that such 
contributions have not been solicited in any manner which 
directs the contributor to mail or deliver a contribution to 
any room, building, or other facility referred to in subsection 
(a), and provided, that such contributions are transferred 
within seven days of receipt to a political committee within 
the meaning of section 302(e) of the Federal Election Campaign 
Act of 1971.

June 25, 1948, c. 645, 62 Stat. 722; Pub.L. 96-187, Title II, 
Sec. 201(a)(5), Jan. 8, 1980, 93 Stat. 1367; Pub.L. 103-322, 
Title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 
2147.

18 U.S.C. Sec. 608. Absent uniformed services voters and overseas 
                    voters

    (a) Whoever knowingly deprives or attempts to deprive any 
person of a right under the Uniformed and Overseas Citizens 
Absentee Voting Act shall be fined in accordance with this 
title or imprisoned not more than five years, or both.
    (b) Whoever knowingly gives false information for the 
purpose of establishing the eligibility of any person to 
register or vote under the Uniformed and Overseas Citizens 
Absentee Voting Act, or pays or offers to pay, or accepts 
payment for registering or voting under such Act shall be fined 
in accordance with this title or imprisoned not more than five 
years, or both.
Added Pub.L. 99-410, Title II, Sec. 202(a), Aug. 28, 1986, 100 
            Stat. 929.

18 U.S.C. Sec. 609. Use of military authority to influence vote of 
                    member of Armed Forces

    Whoever, being a commissioned, noncommissioned, warrant, or 
petty officer of an Armed Force, uses military authority to 
influence the vote of a member of the Armed Forces or to 
require a member of the Armed Forces to march to a polling 
place, or attempts to do so, shall be fined in accordance with 
this title or imprisoned not more than five years, or both. 
Nothing in this section shall prohibit free discussion of 
political issues or candidates for public office.

Added Pub.L. 99--410, Title II, Sec. 202(a), Aug. 28, 1986, 100 
            Stat. 929.

18 U.S.C. Sec. 610. Coercion of political activity

    It shall be unlawful for any person to intimidate, 
threaten, command, or coerce, or attempt to intimidate, 
threaten, command, or coerce, any employee of the Federal 
Government as defined section 7322(1) of title 5, United States 
Code, to engage in, or not to engage in, any political 
activity, including, but not limited to, voting or refusing to 
vote for any candidate or measure in any election, making or 
refusing to make any political contribution, or working or 
refusing to work on behalf of any candidate. Any person who 
violates this section shall be fined under this title or 
imprisoned not more than three years, or both.

Pub.L. 103-94, Sec. 4(c)(1), Oct. 6, 1993, 107 Stat. 1005; 
Pub.L. 104-294, Title VI, Sec. 601(a)(1), Oct. 11, 1996, 110 
Stat. 3498.
         I. USE OF FRANKED MAIL (TITLE 39, UNITED STATES CODE)

                              ----------                              


39 U.S.C. Sec. 3201. Definitions

    As used in this chapter--
          (1) ``penalty mail'' means official mail, other than 
        franked mail, which is authorized by law to be 
        transmitted in the mail without prepayment of postage;
          (2) ``penalty cover'' means envelopes, wrappers, 
        labels, or cards used to transmit penalty mail;
          (3) ``frank'' means the autographic or facsimile 
        signature of persons authorized by section 3210-3216 
        and 3218 of this title to transmit matter through the 
        mail without prepayment of postage or other indicia 
        contemplated by section 733 and 907 of title 44;
          (4) ``franked mail'' means mail which is transmitted 
        in the mail under a frank;
          (5) ``Members of Congress'' includes Senators, 
        Representatives, Delegates, and Resident Commissioners; 
        and
          (6) ``missing child'' has the meaning provided by 
        section 403(1) of the Juvenile Justice and Delinquency 
        Prevention Act of 1974.
Pub.L. 91-375, Aug. 12, 1970, 84 Stat. 751; Pub.L. 99-87, 
            Sec. 1(b), Aug. 9, 1985, 99 Stat. 291.

39 U.S.C. Sec. 3210. Franked mail transmitted by the Vice President, 
                    Members of Congress, and congressional officials

    (a)(1) It is the policy of the Congress that the privilege 
of sending mail as franked mail shall be established under this 
section in order to assist and expedite the conduct of the 
official business, activities, and duties of the Congress of 
the United States.
    (2) It is the intent of the Congress that such official 
business, activities, and duties cover all matters which 
directly or indirectly pertain to the legislative process or to 
any congressional representative functions generally, or to the 
functioning, working, or operating of the Congress and the 
performance of official duties in connection therewith, and 
shall include, but not be limited to, the conveying of 
information to the public, and the requesting of the views of 
the public, or the views and information of other authority of 
government, as a guide or a means of assistance in the 
performance of those functions.
    (3) It is the intent of the Congress that mail matter which 
is frankable specifically includes, but is not limited to--
          (A) mail matter to any person and to all agencies and 
        officials of Federal, State, and local governments 
        regarding programs, decisions, and other related 
        matters of public concern or public service, including 
        any matter relating to actions of a past or current 
        Congress;
          (B) the usual and customary congressional newsletter 
        or press release which may deal with such matters as 
        the impact of laws and decisions on State and local 
        governments and individual citizens; reports on public 
        and official actions taken by Members of Congress; and 
        discussions of proposed or pending legislation or 
        governmental actions and the positions of the Members 
        of Congress on, and arguments for or against, such 
        matters;
          (C) the usual and customary congressional 
        questionnaire seeking public opinion on any law, 
        pending or proposed legislation, public issue, or 
        subject;
          (D) mail matter dispatched by a Member of Congress 
        between his Washington office and any congressional 
        district offices, or between his district offices;
          (E) mail matter directed by one Member of Congress to 
        another Member of Congress or to representatives of the 
        legislative bodies of State and local governments;
          (F) mail matter expressing congratulations to a 
        person who has achieved some public distinction;
          (G) mail matter, including general mass mailings, 
        which consists of Federal laws, Federal regulations, 
        other Federal publications, publications purchased with 
        Federal funds, or publications containing items of 
        general information;
          (H) mail matter which consists of voter registration 
        or election information or assistance prepared and 
        mailed in a non-partisan manner;
          (I) mail matter which constitutes or includes a 
        biography or autobiography of any Member of, or Member-
        elect to, Congress or any biographical or 
        autobiographical material concerning such Member or 
        Member-elect or the spouse or other members of the 
        family of such Member or Member-elect, and which is so 
        mailed as a part of a Federal publication or in 
        response to a specific request therefor and is not 
        included for publicity purposes in a newsletter or 
        other general mass mailing of the Member or Member-
        elect under the franking privilege; or
          (J) mail matter which contains a picture, sketch, or 
        other likeness of any Member or Member-elect and which 
        is so mailed as a part of a Federal publication or in 
        response to a specific request therefor and, when 
        contained in a newsletter or other general mass mailing 
        of any Member or Member-elect, is not of such size, or 
        does not occur with such frequency in the mail matter 
        concerned, as to lead to the conclusion that the 
        purpose of such picture, sketch, or likeness is to 
        advertise the Member or Member-elect rather than to 
        illustrate accompanying text.
    (4) It is the intent of the Congress that the franking 
privilege under this section shall not permit, and may not be 
used for, the transmission through the mails as franked mail, 
of matter which in its nature is purely personal to the sender 
or to any other person and is unrelated to the official 
business, activities, and duties of the public officials 
covered by subsection (b)(1) of this section.
    (5) It is the intent of the Congress that a Member of or 
Member-elect to Congress may not mail as franked mail--
          (A) mail matter which constitutes or includes any 
        article, account, sketch, narration, or other text 
        laudatory and complimentary of any Member of, or 
        Member-elect to, Congress on a purely personal or 
        political basis rather than on the basis of performance 
        of official duties as a Member or on the basis of 
        activities as a Member-elect;
          (B) mail matter which constitutes or includes--
                  (i) greetings from the spouse or other 
                members of the family of such Member or Member-
                elect unless it is a brief reference in 
                otherwise frankable mail;
                  (ii) reports of how or when such Member or 
                Member-elect, or the spouse or any other member 
                of the family of such Member or Member-elect, 
                spends time other than in the performance of, 
                or in connection with, the legislative, 
                representative, and other official functions of 
                such Member or the activities of such Member-
                elect as a Member-elect; or
                  (iii) any card expressing holiday greetings 
                from such Member or Member-elect; or
          (C) mail matter which specifically solicits political 
        support for the sender or any other person or any 
        political party, or a vote or financial assistance for 
        any candidate for any public office.
The House Commission on Congressional Mailing Standards and the 
Select Committee on Standards and Conduct of the Senate shall 
prescribe for their respective Houses such rules and 
regulations and shall take such other action, as the Commission 
or Committee considers necessary and proper for the Members and 
Members-elect to conform to the provisions of this clause and 
applicable rules and regulations. Such rules and regulations 
shall include, but not be limited to, provisions prescribing 
the time within which such mailings shall be mailed at or 
delivered to any postal facility to attain compliance with this 
clause and the time when such mailings shall be deemed to have 
been so mailed or delivered and such compliance attained.
    (6)(A) It is the intent of Congress that a Member of, or 
Member-elect to, Congress may not mail any mass mailing as 
franked mail--
          (i) if the mass mailing is postmarked fewer than 60 
        days (or, in the case of a Member of the House, fewer 
        than 90 days) immediately before the date of any 
        primary election or general election (whether regular, 
        special, or runoff) in which the Member is a candidate 
        for reelection; or
          (ii) in the case of a Member of, or Member-elect to, 
        the House who is a candidate for any other public 
        office, if the mass mailing--
                  (I) is prepared for delivery within any 
                portion of the jurisdiction of or the area 
                covered by the public office which is outside 
                the area constituting the congressional 
                district from which the Member of Member-elect 
                was elected; or
                  (II) is postmarked fewer than 90 days 
                immediately before the date of any primary 
                election or general election (whether regular, 
                special, or runoff) in which the Member or 
                Member-elect is a candidate for any other 
                public office.
    (B) Any mass mailing which is mailed by the chairman of any 
organization referred to in the last sentence of section 3215 
of this title which relates to the normal and regular business 
of the organization may be mailed without regard to the 
provisions of this paragraph.
    (C) No Member of the Senate may mail any mass mailing as 
franked mail if such mass mailing is postmarked fewer than 60 
days immediately before the date of any primary election or 
general election (whether regular, special, or runoff) for any 
national, State or local office in which such Member is a 
candidate for election.
    (D) The Select Committee on Ethics of the Senate and the 
House Commission on Congressional Mailing Standards shall 
prescribe for their respective House rules and regulations, and 
shall take other action as the Committee or the Commission 
considers necessary and proper for Members and Members-elect to 
comply with the provisions of this paragraph and applicable 
rules and regulations. The rules and regulations shall include 
provisions prescribing the time within which mailings shall be 
mailed at or delivered to any postal facility and the time when 
the mailings shall be deemed to have been mailed or delivered 
to comply with the provisions of this paragraph.
    (E) As used in this section, the term ``mass mailing'' 
means, with respect to a session of Congress, any mailing of 
newsletters or other pieces of mail with substantially 
identical content (whether such mail is deposited singly or in 
bulk, or at the same time or different times), totaling more 
than 500 pieces in that session, except that such term does not 
include any mailing--
          (i) of matter in direct response to a communication 
        from a person to whom the matter is mailed;
          (ii) from a Member of Congress to other Members of 
        Congress, or to Federal, State, or local government 
        officials; or
          (iii) of a news release to the communications media.
    (F) For purposes of subparagraphs (A) and (C) if mail 
matter is of a type which is not customarily postmarked, the 
date on which such matter would have been postmarked if it were 
of a type customarily postmarked shall apply.
    (7) A Member of the House of Representatives may not send 
any mass mailing outside the congressional district from which 
the Member was elected.
    (b)(1) The Vice President, each Member of or Member-elect 
to Congress, the Secretary of the Senate, the Sergeant at Arms 
of the Senate, each of the elected officers of the House of 
Representatives (other than a Member of the House), the 
Legislative Counsels of the House of Representatives and the 
Senate, the Law Revision Counsel of the House of 
Representatives, and the Senate Legal Counsel, may send, as 
franked mail, matter relating to their official business, 
activities, and duties, as intended by Congress to be mailable 
as franked mail under subsection (a)(2) and (3) of this 
section.
    (2) If a vacancy occurs in the Office of the Secretary of 
the Senate, the Sergeant at Arms of the Senate, an elected 
officer of the House of Representatives (other than a Member of 
the House), the Legislative Counsel of the House of 
Representatives or the Senate, the Law Revision Counsel of the 
House of Representatives, or the Senate Legal Counsel, any 
authorized person may exercise the franking privilege in the 
officer's name during the period of the vacancy.
    (3) The Vice President, each Member of Congress, the 
Secretary of the Senate, the Sergeant at Arms of the Senate, 
and each of the elected officers of the House (other than a 
Member of the House), during the 90-day period immediately 
following the date on which they leave office, may send, as 
franked mail, matter on official business relating to the 
closing of their respective offices. The House Commission on 
Congressional Mailing Standards and the Select Committee on 
Standards and Conduct of the Senate shall prescribe for their 
respective Houses such rules and regulations, and shall take 
such other action as the Commission or Committee considers 
necessary and proper, to carry out the provisions of this 
paragraph.
    (c) Franked mail may be in any form appropriate for mail 
matter, including, but not limited to, correspondence, 
newsletters, questionnaires, recordings, facsimiles, reprints, 
and reproductions. Franked mail shall not include matter which 
is intended by Congress to be nonmailable as franked mail under 
subsection (a)(4) and (5) of this section.
    (d)(1) A Member of Congress may mail franked mail with a 
simplified form of address for delivery within that area 
constituting the congressional district or State from which the 
Member was elected.
    (2) A Member-elect to the Congress may mail franked mail 
with a simplified form of address for delivery within that area 
constituting the congressional district or the State from which 
he was elected.
    (3) A Delegate, Delegate-elect, Resident Commissioner, or 
Resident Commissioner-elect to the House of Representatives may 
mail franked mail with a simplified form of address for 
delivery within the area from which he was elected.
    (4) Any franked mail which is mailed under this subsection 
shall be mailed at the equivalent rate of postage which assures 
that the mail will be sent by the most economical means 
practicable.
    (5) The Senate Committee on Rules and Administration and 
the House Commission on Congressional Mailing Standards shall 
prescribe for their respective Houses rules and regulations 
governing any franked mail which is mailed under this 
subsection and shall by regulation limit the number of such 
mailings allowed under this subsection.
    (6)(A) Any Member of, or Member-elect to, the House of 
Representatives entitled to make any mailing as franked mail 
under this subsection shall, before making any mailing, submit 
a sample or description of the mail matter involved to the 
House Commission on Congressional Mailing Standards for an 
advisory opinion as to whether the proposed mailing is in 
compliance with the provisions of this subsection.
    (B) The Senate Select Committee on Ethics may require any 
Member of, or Member-elect to, the Senate entitled to make any 
mailings as franked mail under this subsection to submit a 
sample or description of the mail matter to the Committee for 
an advisory opinion as to whether the proposed mailing is in 
compliance with the provisions of this subsection.
    (7) Franked mail mailed with a simplified form of address 
under this subsection--
          (A) shall be prepared as directed by the Postal 
        Service; and
          (B) may be delivered to--
                  (i) each box holder or family on a rural or 
                state route;
                  (ii) each post office box holder; and
                  (iii) each stop or box on a city carrier 
                route.
    (8) For the purposes of this subsection, a congressional 
district includes, in the case of a Representative at Large or 
Representative at Large-elect, the State from which he was 
elected.
    (e) The frankability of mail matter shall be determined 
under the provisions of this section by the type and content of 
the mail sent, or to be sent.
    (f) Any mass mailing which otherwise would be permitted to 
be mailed as franked mail under this section shall not be so 
mailed unless the cost of preparing and printing the mail 
matter is paid exclusively from funds appropriated by Congress, 
except that an otherwise frankable mass mailing may contain, as 
an enclosure or supplement, any public service material which 
is purely instructional or informational in nature, and which 
in content is frankable under this section.
    (g) Notwithstanding any other provision of Federal, State, 
or local law, or any regulation thereunder, the equivalent 
amount of postage determined under section 3216 of this title 
on franked mail mailed under the frank of the Vice President or 
a Member of Congress, and the cost of preparing or printing 
such frankable matter for such mailing under the frank, shall 
not be considered as a contribution to, or an expenditure by, 
the Vice President or a Member of Congress for the purpose of 
determining any limitation on expenditures or contributions 
with respect to any such official, imposed by any Federal, 
State, or local law or regulation, in connection with any 
campaign of such official for election to any Federal office.
Pub.L. 91-375, Aug. 12, 1970, 84 Stat. 754; Pub.L. 92-51, 
            Sec. 101, July 9, 1971, 85 Stat. 132; Pub.L. 93-
            191, Sec. 1(a), Dec. 18, 1973, 87 Stat. 737; Pub.L. 
            94-177, Dec. 23, 1975, 89 Stat. 1032; Pub.L. 95-
            521, Title VII, Sec. 714(a), Oct. 26, 1978, 92 
            Stat. 1884; Pub.L. 97-69, Sec. Sec. 1-3(a), 4, Oct. 
            26, 1981, 95 Stat. 1041-1043; Pub.L. 97-263, 
            Sec. 1(1), (2), Sept. 24, 1982, 96 Stat. 1132; 
            Pub.L. 101-163, Title III, Sec. 318, Nov. 21, 1989, 
            103 Stat. 1068; Pub.L. 101-520, Title III, 
            Sec. Sec. 311(h)(1), 316, Nov. 5, 1990, 104 Stat. 
            2280, 2283; Pub.L. 102-392, Title III, Sec. 309(a), 
            Oct. 6, 1992, 106 Stat. 1722; Pub.L. 104-197, Title 
            I, Sec. 102(a), Sept. 16, 1996, 110 Stat. 2401.

39 U.S.C. Sec. 3211. Public documents

    The Vice President, Members of Congress, the Secretary of 
the Senate, the Sergeant at Arms of the Senate, each of the 
elected officers of the House of Representatives (other than a 
Member of the House) during the 90-day period immediately 
following the expiration of their respective terms of office, 
may send and receive as franked mail all public documents 
printed by order of Congress.
Pub.L. 91-375, Aug. 12, 1970, 84 Stat. 754; Pub.L. 93-191, 
            Sec. 2, Dec. 18, 1973, 87 Stat. 741; Pub.L. 97-69, 
            Sec. 5(a), Oct. 26, 1981, 95 Stat. 1043.

39 U.S.C. Sec. 3212. Congressional Record under frank of Members of 
                    Congress

    (a) Members of Congress may send the Congressional Record 
as franked mail.
    (b) Members of Congress may send, as franked mail, any part 
of, or a reprint any part of, the Congressional Record, 
including speeches or reports contained therein, if such matter 
is mailable as franked mail under section 3210 of this title.
Pub.L. 91-375, Aug. 12, 1970, 84 Stat. 754; Pub.L. 93-191, 
            Sec. 3, Dec. 18, 1973, 87 Stat. 741.

39 U.S.C. Sec. 3213. Seeds and reports from Department of Agriculture

    Seeds and agriculture reports emanating from the Department 
of Agriculture may be mailed--
          (1) as penalty mail by the Secretary of Agriculture; 
        and
          (2) during the 90-day period immediately following 
        the expiration of their terms of office, as franked 
        mail by Members of Congress.
Pub.L. 91-375, Aug. 12, 1970, Sec. 2, 84 Stat. 754; Pub.L. 97-
            69, Sec. 5(b), Oct. 26, 1981, 95 Stat. 1043.

39 U.S.C. Sec. 3215. Lending or permitting use of frank unlawful

    A person entitled to use a frank may not lend it or permit 
its use by any committee, organization, or association, or 
permit its use by any person for the benefit or use of any 
committee, organization, or association. This section does not 
apply to any standing, select, special, or joint committee, or 
subcommittee thereof, or commission, of the Senate, House of 
Representatives, or Congress, composed of Members of Congress, 
or to the Democratic caucus or the Republican conference of the 
House of Representatives or of the Senate.
Pub.L. 91-375, Aug. 12, 1970, 84 Stat 754; Pub.L. 93-191, 
            Sec. 10, Dec. 18, 1973, 87 Stat. 746.

39 U.S.C. Sec. 3216. Reimbursement for franked mailings

    (a) The equivalent of--
          (1) postage on, and fees and charges in connection 
        with, mail matter sent through the mails--
                  (A) under the franking privilege (other than 
                under section 3219 of this title), by the Vice 
                President, Members of and Members-elect to 
                Congress, the Secretary of the Senate, the 
                Sergeant at Arms of the Senate, each of the 
                elected officers of the House of 
                Representatives (other than a Member of the 
                House), the Legislative Counsels of the House 
                of Representatives and the Senate, the Law 
                Revision Counsel of the House of 
                Representatives, and the Senate Legal Counsel; 
                and
                  (B) by the survivors of a Member of Congress 
                under section 3218 of this title; and
          (2) those portions of fees and charges to be paid for 
        handling and delivery by the Postal Service of 
        Mailgrams considered as franked mail under section 3219 
        of this title;
shall be paid by appropriations for the official mail costs of 
the Senate and House of Representatives for that purpose and 
then paid to the Postal Service as postal revenue. Except as to 
Mailgrams and except as provided by sections 733 and 907 of 
title 44, envelopes, wrappers, cards, or labels used to 
transmit franked mail shall bear, in the upper right-hand 
corner, the sender's signature, or a facsimile thereof.
    (b) Postage on, and fees and charges in connection with, 
mail matter sent through the mails under section 3214 of this 
title shall be paid each fiscal year, out of any appropriation 
made for that purpose, to the Postal Service as postal revenue 
in an amount equivalent to the postage, fees, and charges which 
would otherwise be payable on, or in connection with, such mail 
matter.
    (c) Payment under subsection (a) or (b) of this section 
shall be deemed payment for all matter mailed under the frank 
and for all fees and charges due the Postal Service in 
connection therewith.
    (d) Money collected for matter improperly mailed under the 
franking privilege shall be deposited as miscellaneous receipts 
in the general fund of the Treasury.
    (e)(1) Not later than two weeks after the last day of each 
quarter of the fiscal year, or as soon as practicable 
thereafter, the Postmaster General shall send to the Chief 
Administrative Officer of the House of Representatives, the 
House of Commission on Congressional Mailing Standards, the 
Secretary of the Senate, and the Senate Committee on Rules and 
Administration a report which shall contain a tabulation of the 
estimated number of pieces and costs of franked mail, as 
defined in section 3201 of this title, in each mail 
classification sent through the mail for that quarter and for 
the preceding quarters in the fiscal year, together with 
separate tabulations of the number of pieces and costs of such 
mail sent by the House and by the Senate.
    (2) Two weeks after the close of the second quarter of the 
fiscal year, or as soon as practicable thereafter, the 
Postmaster General shall send to the Chief Administrative 
Officer of the House of Representatives, the House Commission 
on Congressional Mailing Standards, the Committee on House 
Oversight, the Secretary of the Senate, and the Senate 
Committee on Rules and Administration, a statement of the costs 
of postage on, and fees and charges in connection with, mail 
matter sent through the mails as described in paragraph (1) of 
this subsection for the preceding two quarters together with an 
estimate of such costs for the balance of the fiscal year. As 
soon as practicable after receipt of this statement, the House 
Commission on Congressional Mailing Standards, the Committee on 
House Oversight, and the Senate Committee on Rules and 
Administration shall consider promulgating such regulations for 
their respective Houses as may be necessary to ensure that 
total postage costs, as described in paragraph (1) of this 
subsection, will not exceed the amounts available for the 
fiscal year.
Pub.L. 91-375, Aug. 12, 1970, 84 Stat. 754; Pub.L. 92-51 
            Sec. 101, July 9, 1971, 85 Stat. 132; Pub.L. 93-
            191, Sec. 7, Dec. 18, 1973, 87 Stat. 745; Pub.L. 
            93-255, Sec. 2(a), Mar. 27, 1974, 88 Stat. 52; 
            Pub.L. 95-521, Title VII, Sec. 714(b), Oct. 26, 
            1978, 92 Stat. 1884; Pub.L. 97-69, Sec. 6(a), Oct. 
            26, 1981, 95 Stat. 1043; Pub.L. 97-263, Sec. 1(3), 
            Sept. 24, 1982, 96 Stat. 1132; Pub.L. 101-163, 
            Title III, Sec. 316(b), formerly Sec. 316(c), 
            Sec. 317, Nov. 21, 1989, 103 Stat. 1067, renumbered 
            Pub.L. 101-520, Title III, Sec. 311(h)(3)(B), Nov. 
            5, 1990, 104 Stat. 2280; Pub.L. 102-90, Title III, 
            Sec. 306, Aug. 14, 1991, 105 Stat. 466; Pub.L. 104-
            186, Title II, Sec. 220, Aug. 20, 1996, 110 Stat. 
            1748.

39 U.S.C. Sec. 3218. Franked mail for survivors of Members of Congress

    Upon the death of a Member of Congress during his term of 
office, the surviving spouse of such Member (or, if there is no 
surviving spouse, a member of the immediate family of the 
Member designated by the Secretary of the Senate or the Clerk 
of the House of Representatives, as appropriate, in accordance 
with rules and procedures established by the Secretary or the 
Clerk) may send, for a period not to exceed 180 days after his 
death, as franked mail, nonpolitical correspondence relating to 
the death of the Member.
Pub.L. 91-375, Aug. 12, 1970, Sec. 2, 84 Stat. 755; Pub.L. 93-
            191, Sec. 11, Dec. 18, 1973, 87 Stat. 746; Pub.L. 
            97-69, Sec. 6(b), (c)(1) Oct. 26, 1981, 95 Stat. 
            1043.

39 U.S.C. Sec. 3219. Mailgrams

    Any Mailgram sent by the Vice President, a Member of or 
Member-elect to Congress, the Secretary of the Senate, the 
Sergeant at Arms of the Senate, an elected officer of the House 
of Representatives (other than a Member of the House), the 
Legislative Counsel of the House of Representatives or the 
Senate, the Law Revision Counsel of the House of 
Representatives, or the Senate Legal Counsel, and then 
delivered by the Postal Service, shall be considered as franked 
mail, subject to section 3216(a)(2) of this title, if such 
Mailgram contains matter of the kind authorized to be sent by 
that official as franked mail under section 3210 of this title.
Added Pub.L. 93-191, Sec. 12(a), Dec. 18, 1973, 87 Stat. 746; 
            Pub.L. 95-521, Title VII, Sec. 714(c), Oct. 26, 
            1978, 92 Stat. 1884; Pub.L. 97-263, Sec. (4), Sept. 
            24, 1982, 96 Stat. 1132.

 Advisory Opinions (Title 2, United States Code) re Franking Privilege

2 U.S.C. Sec. 502. Select Committee on Ethics of the Senate

(a) Advisory opinions or consultations respecting franked mail for 
        persons entitled to franking privilege; franking privilege 
        regulations

    The Select Committee on Standards and Conduct [Select 
Committee on Ethics] of the Senate shall provide guidance, 
assistance, advice and counsel, through advisory opinions or 
consultations, in connection with the mailing or contemplated 
mailing of franked mail under section 3210, 3211, 3212, 
3213(2), 3218, or 3219, and in connection with the operation of 
section 3215, of Title 39, upon the request of any Member of 
the Senate or Member-elect, surviving spouse of any of the 
foregoing, or other Senate official, entitled to send mail as 
franked mail under any of those sections. The select committee 
shall prescribe regulations governing the proper use of the 
franking privilege under those sections by such persons.

(b) Complaint of franked mail violations; investigation; notice and 
        hearing; decision of select committee; enforcement

    Any complaint filed by any person with the select committee 
that a violation of any section of Title 39 referred to in 
subsection (a) of this section is about to occur or has 
occurred within the immediately preceding period of one year, 
by any person referred to in such subsection (a), shall contain 
pertinent factual material and shall conform to regulations 
prescribed by the select committee. The select committee, if it 
determines there is reasonable justification for the complaint, 
shall conduct an investigation of the matter, including an 
investigation of reports and statements filed by the 
complainant with respect to the matter which is the subject of 
the complaint. The committee shall afford to the person who is 
the subject of the complaint due notice and, if it determines 
that there is substantial reason to believe that such violation 
has occurred or is about to occur, opportunity for all parties 
to participate in a hearing before the select committee. The 
select committee shall issue a written decision of each 
complaint under this subsection not later than thirty days 
after such a complaint has been filed or, if a hearing is held, 
not later than thirty days after the conclusion of such 
hearing. Such decision shall be based on written findings of 
fact in the case by the select committee. If the select 
committee finds in its written decision, that a violation has 
occurred or is about to occur, the committee may take such 
action and enforcement as it considers appropriate in 
accordance with applicable rules, precedents, and standing 
orders of the Senate, and such other standards as may be 
prescribed by such committee.

(c) Administrative or judicial jurisdiction of civil actions respecting 
        franking law violations or abuses of franking privilege 
        dependent on filing of complaint with select committee and 
        rendition of decision of such committee

    Notwithstanding any other provision of law, no court or 
administrative body in the United States or in any territory 
thereof shall have jurisdiction to entertain any civil action 
of any character concerning or related to a violation of the 
franking laws or an abuse of the franking privilege by any 
person listed under subsection (a) of this section as entitled 
to send mail as franked mail, until a complaint has been filed 
with the select committee and the committee has rendered a 
decision under subsection (b) of this section.

(d) Administrative procedure regulations

    The select committee shall prescribe regulations for the 
holding of investigations and hearings, the conduct of 
proceedings, and the rendering of decisions under this 
subsection providing for equitable procedures and the 
protection of individual, public, and Government interests. The 
regulations shall, insofar as practicable, contain the 
substance of the administrative procedure provisions of 
sections 551 to 559 and 701 to 706, of Title 5. These 
regulations shall govern matters under this subsection subject 
to judicial review thereof.

(e) Property of Senate; records of select committee; voting record; 
        location of records, data, and files

    The select committee shall keep a complete record of all 
its actions, including a record of the votes on any question on 
which a record vote is demanded. All records, data, and files 
of the select committee shall be the property of the Senate and 
shall be kept in the offices of the select committee or such 
other places as the committee may direct.
Pub.L. 93-191, Sec. 6, Dec. 18, 1973, 87 Stat. 743; Pub.L. 93-
            255, Sec. 3(b), Mar. 27, 1974, 88 Stat. 52.

                  Regulations Governing Official Mail

    As directed by Public Laws 97-69 and 99-87 and pursuant to 
other authorities, it is resolved by the Committee on Rules and 
Administration of the United States Senate, that use of Senate 
resources and facilities for preparing and sending franked mail 
shall be subject to the following regulations, effective Oct. 
30, 1997.

                              definitions

    Sec. 1. As used in these regulations--
          (a) the term ``election fiscal year'' means a Federal 
        fiscal year in which regular biennial general elections 
        of Senators are held;
          (b) the term ``final printing and mailing clearance'' 
        means an approval of a blue line, color key, or other 
        page proof giving final authorization to print and mail 
        material submitted by a Senate office to the Sergeant 
        at Arms;
          (c) the term ``franked mail'' as defined in section 
        3201(4) of title 39, U.S. Code, means--
    ``. . . mail which is transmitted in the mail under a 
frank.''
          (d) the term ``mass mailing'' as defined in section 
        3210(a)(6)(E) of title 39, U.S. Code, as amended by the 
        Legislative Branch Appropriations Act, 1995 (Pub.L. 
        103-283), means--
    ``. . . with respect to a session of Congress, a mailing of 
more than five hundred newsletters or other pieces of mail with 
substantially identical content (whether such mail is deposited 
singly or in bulk, or at the same time or different times), but 
does not include any mailing--(i) of matter in direct response 
to a communication from a person to whom the matter is mailed; 
(ii) to other Members of Congress, or to Federal, State, or 
local government officials, or (iii) of a news release to the 
communications media, or (iv) of a town meeting notice, but no 
such mailing may be made fewer than 60 days immediately before 
the date of any primary election or general election (whether 
regular, special, or runoff) for any Federal, State, or local 
office in which a Member of the Senate is a candidate for 
election, or (v) of a Federal publication or other item that is 
provided by the Senate to all Senators or made available by the 
Senate for purchase by all Senators from official funds 
specifically for distribution.'' With respect to (i), a franked 
mailing made specifically and solely in response to, and mailed 
not more than 120 days after the date of receipt of a written 
request, inquiry, or expression of opinion or concern from the 
person to whom it is addressed is not a mass mailing. (S. Res. 
212, 101st Congress)
          (e) the term ``name addressed mail'' means any mass 
        mailing sent to named individuals at specific 
        addresses;
          (f) the term ``newsletter'' means any professionally 
        photocomposed mass mailing consisting of documents 
        which set forth, in textual and graphic form (or both), 
        factual information and commentary on prospective, 
        pending, or past issues of public policy;
          (g) the term ``non-election fiscal year'' means a 
        Federal fiscal year other than an election fiscal year;
          (h) the term ``postal patron mail'' means any mailing 
        prepared and mailed pursuant to section 3210(d) of 
        title 39, U.S. Code;
          (i) the term ``official mail costs'' means the 
        equivalent of--
                  (1) postage on, and fees and charges in 
                connection with, mail matter sent through the 
                mail under the franking privilege;
                  (2) the portions of the fees and charges paid 
                for handling and delivery by the Postal Service 
                of mailgrams considered as franked mail under 
                section 3219 of title 39, U.S. Code; and
                  (3) all other official mail other than the 
                franking privilege as defined in section 
                58(a)(3)(B) & (C) of title 2, U.S. Code.
          (j) the term ``opinion survey'' means any assemblage 
        of mass mailings and related individual mailings, 
        including, but not limited to, survey questionnaires, 
        pre-survey letters, response forms, follow-up letters, 
        and instructions that are sent to a sample group of 
        individuals for the purpose of obtaining a reliable 
        estimate of the opinion of the population from which 
        the survey sample is drawn and are processed in 
        accordance with the ``Guidelines for Opinion Surveys'' 
        issued by the Committee on Rules and Administration in 
        September 1979.
          (k) the term ``Senate office'' means the Vice 
        President of the United States, a United States 
        Senator, a United States Senator-elect, a committee of 
        the Senate, the Joint Committee on Printing, the Joint 
        Economic Committee, an officer of the Senate, or an 
        office of the Senate authorized by section 3210(b)(1) 
        of title 39, U.S. Code, to send franked mail.
          (l) the term ``town meeting notice'' means any 
        mailing which relates solely to a notice of the time 
        and place at which a Senator or a member or members of 
        his or her staff will be available to meet constituents 
        regarding legislative issues or problems with Federal 
        programs. The notice may include a short description as 
        to the subject matter or purpose of the town meeting 
        and an official photo in the banner of the notice.
          (m) the term ``prepared'' means all necessary 
        preparation prior to mailing, including the production 
        of additional copies of a mailing, the folding of the 
        mailing, and inserting of the mail into envelopes.

            postal allocations for non-election fiscal years

    Sec. 2. (a) With respect to a nonelection fiscal year, as 
soon as practicable after the enactment of the appropriation 
for Senate franked mail costs for such year, the Committee on 
Rules and Administration shall determine the following amounts:
          (1) the amount that has been appropriated for franked 
        mail costs of the Senate for the nonelection fiscal 
        year;
          (2) the amount necessary to be reserved for 
        contingencies, which shall not exceed 10 percent of the 
        amount determined pursuant to paragraph (1);
          (3) the amount necessary for franked mail costs of 
        Senate offices other than Senators for the nonelection 
        fiscal year;
          (4) the amount necessary for each Senator to send one 
        State-wide postal patron mailing, based on total 
        addresses in each state;
          (5) one-third of the amount appropriated in paragraph 
        2(a)(1), after deducting the amount necessary for 
        contingencies and offices other than Senators;
          (6) the amount which may be available for allocation 
        to Senators, when the amount in paragraph 2(a)(5) and 
        amounts in paragraphs 2(a)(2) and 2(a)(3) are 
        subtracted from the amount appropriated for official 
        mail in paragraph 2(a)(1);
          (7) the factor to be used to equitably distribute 
        remaining appropriated funds, determined by dividing 
        the amount in paragraph 2(a)(6) by the sum of the 
        amounts in paragraph 2(a)(4).
    (b) As soon as practicable after making the determination 
described in section (a), the Committee on Rules and 
Administration shall make the following allocations:
          (1) the allocation to Senate offices (other than a 
        Senator's personal office) for the nonelection fiscal 
        year;
          (2) the allocation for contingencies;
          (3) the allocation to each Senator--
                  (A) to include the amount determined by 
                paragraph 2(a)(5), divided by 100, establishing 
                the base amount for each office; plus
                  (B) the amount to be allocated to each 
                Member, determined by multiplying each amount 
                in paragraph 2(a)(4) by the prorated percentage 
                determined in paragraph 2(a)(7).

              postal allocations for election fiscal years

    Sec. 3. (a) With respect to an election fiscal year, as 
soon as practicable after the enactment of the appropriation 
for Senate franked mail costs for such year, the Committee on 
Rules and Administration shall determine the following amounts:
          (1) the amount that has been appropriated for franked 
        mail costs of the Senate for the election fiscal year;
          (2) the amount necessary to be reserved for 
        contingencies, which shall not exceed 10 percent of the 
        amount determined in paragraph 3(a)(1);
          (3) for the election fiscal year, the amount 
        necessary for franked mail costs of Senate offices 
        other than Senators and Senators-elect;
          (4) one-third of the amount appropriated in 3(a)(1), 
        after deducting the amount necessary for contingencies 
        and offices other than Senators;
          (5) the amount which may be available for allocation 
        to Senators, for an election fiscal year, when the 
        amount in 3(a)(4), and the amounts in 3(a)(2), and 
        3(a)(3) are subtracted from the amount appropriated for 
        official mail, paragraph 3(a)(1);
          (6) for the period beginning on the date immediately 
        following the date of the general election and ending 
        January 3 of the election fiscal year, 10 percent of 
        two-twelfths of the full funding amount necessary for 
        each Senator-elect to send one state-wide postal patron 
        mailing;
          (7) for the period January 3 through September 30 of 
        the election fiscal year, 75 percent of the full 
        funding amount necessary for each newly-elected Senator 
        to send one state-wide postal patron mailing;
          (8) for the period October 1 through January 3 of the 
        election fiscal year, 25 percent of the full funding 
        amount necessary for each Senator whose service as a 
        Senator will end on January 3 of the election fiscal 
        year to send one state-wide postal patron mailing;
          (9) for the period January 3 through April 3 of the 
        election fiscal year, 10 percent of 25 percent of the 
        full funding amount necessary for each Senator whose 
        service as a Senator will end on January 3 of the 
        election fiscal year to send one state-wide postal 
        patron mailing;
          (10) for the election fiscal year, the full funding 
        amounts necessary for each Senator, other than those 
        Senators whose terms of service as Senators will begin 
        or end on January 3 of the election fiscal year, to 
        send one state-wide postal patron mailing;
          (11) the factor to be used to equitably distribute 
        remaining election fiscal year appropriated funds, 
        determined by dividing the amount in paragraph 3(a)(5) 
        by the sum of the amounts in paragraph 2(a)(6) through 
        3(a)(10).
    (b) as soon as practicable after making the determination 
described in subsection (b), the Committee on Rules and 
Administration shall make the following allocations:
          (1) the allocation to a Senate office (other than a 
        Senator or Senator-elect) for the election fiscal year;
          (2) the allocation for contingencies;
          (3) the allocation to each Senator--
                  (A) to include the amount determined in 
                subsection 3(a)(4), divided by 100, 
                establishing the base amount for each office 
                (\3/4\ of the individual amount to Senators-
                elect, and \1/4\ to departing Senators); plus
                  (B) the amount determined in 3(a)(5), 
                allocated--
                          (i) To each Senator referred to in 
                        3(a)(6), adjusted by the amount 
                        determined in 3(a)(11);
                          (ii) To each Senator referred to in 
                        3(a)(7), adjusted by the amount 
                        determined in 3(a)(11);
                          (iii) To each Senator referred to in 
                        3(a)(8), adjusted by the amount 
                        determined in 3(a)(11);
                          (iv) To each Senator referred to in 
                        3(a)(9), adjusted by the amount 
                        determined in 3(a)(11);
                          (v) To each Senator referred to in 
                        3(a)(10), adjusted by the amount 
                        determined in 3(a)(11).

                uses of funds reserved for contingencies

    Sec. 4. The amounts described in sections 2(a)(2) and 
3(a)(2) shall be available for distribution by the Committee on 
Rules and Administration only for--
          (a) providing a Senator appointed to complete the 
        term of a Senator who dies or retires with an 
        allocation for the fiscal year in which such 
        appointment is effective;
          (b) providing the Secretary of the Senate with 
        sufficient postage to send franked mail as provided for 
        by section 3218 of title 39, U.S. Code; and
          (c) reimbursing a Senator for a charge to the 
        Senator's allocation for franked mail costs when the 
        charge is the result of an error on the part of an 
        office of the Sergeant at Arms.

                    cost determination and reporting

 Franked Mail, Mass Mail, Mail Prepared Pursuant to Section 9 of These 
                              Regulations

    Sec. 5. (a)(1) The postage on all franked mail shall be 
determined by the Senate Customer Service Records Section and 
reported to the U.S. Postal Service. State offices must advise 
their D.C. offices of their frank mail counts on a monthly 
basis. By the 5th of each month, the D.C. offices will inform 
the Service Department of these counts. Timely and accurate 
reports are required to ensure proper accounting of franked 
mail.
    (2) Not more than 250 extra copies of a mass mailing 
printed with the frank may be returned to an office for 
distribution in reception rooms and at town meetings. 
Additional copies, printed without the frank, may be requested 
on a separate workorder.
    (3) No mass mailing and no mailing prepared pursuant to 
section 9 shall be mailed until the density analysis, 
indicating the total number of pieces to be mailed and the 
locations to which they will be mailed, has been approved by 
the office for which the mail is being sent. Such approval 
shall be signified by signing a statement of approval on the 
density analysis sheet. The approved copy of the density 
analysis shall be retained by the Customer Service Records 
Section with the work order and a copy of the mail matter.
    (4) Before processing a request for a mass mailing 
submitted by a Member office, the Sergeant at Arms shall 
determine: (1) the postage cost of the mailing, and (2) that 
the postage cost of the request, when added to costs incurred 
or encumbered for mass mailings by that Member in the fiscal 
year, will not exceed the amount ($50,000) allowed for mass 
mailings by each Member each fiscal year. (Pub.L. 103-283) If 
the requested mailing exceeds that amount, the Sergeant at Arms 
shall notify the Member and take no further action on the 
request.

                             Record Keeping

    (b)(1) The Sergeant at Arms shall maintain records of the 
following information for each Senate office to which postage 
allocations are applicable:
          (A) the amount of the allocation for franked mail 
        costs;
          (B) each amount of franked mail cost determined 
        pursuant to this section;
         (C) the amount of the allocation for franked mail 
        costs for such Senate office which remains after the 
        amounts described in paragraph (B) is added to or 
        subtracted from, as appropriate, the amount described 
        in paragraph (A).
    (2) The Sergeant at Arms shall provide offices with monthly 
reports on the status of their postal allocations.
    (3) The Sergeant at Arms shall provide to each Member a 
monthly report detailing the postage costs associated with 
franked mailings and mass mailings, and shall provide the 
office of the Financial Clerk of the Senate a monthly 
certification of franked mailing and mass mailing costs for 
each Member. The Financial Clerk of the Senate shall debit 
these costs from the respective expense accounts for such 
franked mailing and mass mailing, and issue a check in payment.

                     Publication of Mass Mail Costs

    (c) Two weeks after the close of each calendar quarter, or 
as soon as practicable thereafter, the Sergeant at Arms and 
Doorkeeper of the Senate shall send to each Senate office a 
statement of the cost of postage and paper and of the other 
operating expenses incurred as a result of mass mailings 
processed for such Senate office during such quarter. The 
statement shall provide information regarding the cost of 
postage and paper and other costs, and shall distinguish the 
costs attributable to mass mailings. The statement shall also 
include the total cost per capita in the State. A compilation 
of all such statements shall be sent to the Senate Committee on 
Rules and Administration. A summary tabulation of such 
information shall be published quarterly in the Congressional 
Record and included in the semiannual Report of the Secretary 
of the Senate. Such summary tabulation shall set forth for each 
Senate office the following information: the Senate office's 
name, the total number of pieces ofmass mail mailed during the 
quarter, the total cost of such mail, and, in the case of Senators, the 
cost of such mail divided by the total population of the State from 
which the Senator was elected, the total number of pieces of mass mail 
divided by the total population of the State from which the Senator was 
elected, and the allocation made to each Senator from the appropriation 
for official mail expenses.

                      preparation of official mail

    Sec. 6. (a) All mass mailings shall be submitted to and 
mailed by the Sergeant at Arms and shall be charged against the 
Senator's Official Personnel and Office Expense Account, 
pursuant to the Legislative Appropriations Act, 1995 (Pub.L. 
103-283). All mailings are to be submitted to the Sergeant at 
Arms for accountability prior to mailing. Such mailings shall 
not exceed total postage cost of $50,000 in any fiscal year, 
and must adhere to all regulations pertaining to mass mailings.

                            Two Sheet Limit

    (b) A mass mailing by a Senator shall not exceed two sheets 
of legal size paper (or their equivalent), including any 
enclosure that--
          (1) is prepared by or for the Senator who makes the 
        mailing; or
          (2) contains information concerning, expresses the 
        views of, or otherwise relates to the Senator who makes 
        the mailing.

                        Taxpayer Expense Notice

    (c) Each mass mailing by a Senate office shall contain the 
following notice in a prominent place on the bottom of the 
cover page of the document: ``PREPARED, PUBLISHED, AND MAILED 
AT TAXPAYER EXPENSE.'' The notice shall be printed in a type 
size not smaller than 7 points.

                   Mail to be Mailed under the Frank

    (d) All mass mailings by Senate offices shall be mailed 
under the frank.

               Mail to the Mailed by the Sergeant at Arms

    (e) The following mail matter shall be mailed through the 
Sergeant at Arms:
          (1) all mass mailings by Senate offices, whether 
        printed on the Sergeant at Arms' high speed laser 
        printers or elsewhere;
          (2) all mail prepared pursuant to section 9 of these 
        regulations.

                          Town Meeting Notices

          (3) Town meeting notices shall be processed as postal 
        patron mail, unless sending name addressed mail to 
        selected persons in the area served by the town meeting 
        would be more economical, or the town meeting is to be 
        on a subject or subjects that would not be of interest 
        to all the people who would receive a postal patron 
        mailing. Town meeting notices may not be mailed in 
        franked envelopes.
          (4) All franked and mass mail sent from Washington, 
        DC offices, including flats and parcels, and 
        constituent response mail and comparable mail prepared 
        through an office's Office Automation System, shall be 
        picked up by the Senate Post Office and delivered by 
        the Senate Post Office to the Sergeant at Arms.
          (5) Constituent response mail mailed through the 
        Sergeant at Arms shall be sorted and bundled by zip 
        code and endorsed with the most economical rate unless 
        otherwise specified by the Senator for whom the mail is 
        mailed. Senators may specify that such mail be endorsed 
        ``AUTO PRESORT'' or ``BLK. RATE.''

                         Survey Questionnaires

    (f) Mass mailings, other than opinion surveys, shall not 
contain franked response cards or forms. Any mass mailing 
containing a questionnaire shall contain instructions to the 
recipients on how properly to return their responses.

                         Rates and Endorsements

    (g)(1) Name addressed mass mailings shall be sent at the 
lowest postal rate for which the mail qualifies, unless the 
office for whom the mail is being mailed directs, in writing, 
that it be mailed at a higher rate.
    (2) Bulk rate mail will have no endorsement other than 
``BLK. RATE'' or ``AUTO PRESORT.''

                      Pictures of Missing Children

    (h)(1) Unless (i) a Senator, committee chairman, or other 
office head for whom a mass mailing or automated mail system 
mailing is being sent directs that such picture and information 
not be printed on a particular mailing, or (ii) the Sergeant at 
Arms finds, with respect to any or all of the mass mailings in 
a period of time, that the printing of such pictures and 
information will significantly slow the processing of the mail, 
all mass mailings that are mailed as self-mailers shall bear on 
the address panel a picture of and information about a missing 
child in accordance with this subsection, and all letters 
prepared, folded, inserted in envelopes, and mailed by the 
Sergeant at Arms shall be inserted in window envelopes bearing 
the picture of and information about the same missing child 
whose picture appears on mass mailings during the same work-
week. No other official mail of the Senate shall be used for 
the mass dissemination of pictures of, and information about, 
missing children.
    (2) Only pictures of, and information about, missing 
children that are provided by the National Center for Missing 
and Exploited Children (hereinafter in this section referred to 
as the Center) are to be printed on mass mail and envelopes 
subject to this section. Sergeant at Arms shall be the liaison 
with the Center for obtaining such pictures and information.
    (3) The Sergeant at Arms and the Director of the Center or 
his or her designee shall make arrangements for the Sergeant at 
Arms to periodically receive photographs of and information 
about a missing child from each State from which the Center has 
such photographs and information.
    (4) The pictures of, and information about, missing 
children shall be made part of the printing plates prepared for 
mailings subject to this section. To the greatest extent 
possible, mail prepared for a Senator shall bear the photograph 
of, and information about, a missing child from the Senator's 
State.
    (5) Whenever information is received from the Center that a 
child has been found whose picture and information are 
currently being printed on Senate mail, the Sergeant at Arms 
shall determine whether or not printing plates currently in use 
or awaiting use shall be discarded and new plates prepared. 
Whenever information is received from the Center that a child 
has been found whose picture and information were previously 
printed on Senate mail, the Sergeant at Arms shall notify 
offices on whose mail such picture and information were 
printed, and such offices shall destroy any extra copies of 
such mail that are on hand.
    (6) The Sergeant at Arms shall transmit to the Center at 
the end of each month a list of the mass mailings and automated 
mail system letters mailed that month indicating for each 
mailing the State to which mailed, the number of pieces, and 
the child whose picture appeared thereon.

                    orange bag mail and express mail

                            Orange Bag Mail

    Sec. 7. (a) Orange bags are used by offices only for intra-
office mail from Washington, DC to State offices. These bags 
are charged at priority rates. (Orange bags used by State 
offices are only for transportation of franked mail to the Post 
Office.)

                              Express Mail

    (b) The frank may not be used for Express mail. Expenses 
for non-frankable official mail, such as Express mail, Overseas 
mail, Registered and Certified mail, etc., may be defrayed from 
any source of funds only as provided by subsections (d) and (i) 
of section 311 of the Legislative Branch Appropriations Act, 
1991 (Pub.L. 101-520). Offices are advised that the Senate Post 
Office has created a system through which offices may present 
Express mail, together with an authorization card similar to 
the cards used to purchase office supplies from the Keeper of 
Stationery, and have the cost of the Express mail charged to 
the office's official office expense account. Offices choosing 
to use Express mail originating outside Washington, DC may 
establish commercial accounts with the U.S. Postal Service 
instead of pre-paying each mailing.

restriction on the use of mass mail and town meeting notices prior to a 
              primary or biennial federal general election

    Sec. 8. (a) No Senator may send mass mailings during the 
period beginning 60 days before the date of any biennial 
Federal general election. The 60-day pre-election moratorium on 
mass mailings does not apply to a committee when such mass 
mailings are mailed under the frank of the Chairman and relate 
to the normal and regular business of the committee.
    Use of mass mail by Senators who are candidates is further 
restricted (unless the Senator's candidacy has been certified 
as uncontested pursuant to procedures of the Committee on Rules 
and Administration):
    (b) Mass mailings may not be sent fewer than 60 days 
immediately before the date of any primary or general election 
(whether regular, special, or runoff) for any Federal, State, 
or local office in which a Member of the Senate is a candidate 
for election, unless the candidacy of the Senator in such 
elections is uncontested.
    (c) Town meeting notices may not be sent fewer than 60 days 
immediately before the date of any primary or general election 
(whether regular, special, or runoff) for any Federal, State, 
or local office in which a Member of the Senate is a candidate 
for election. There is no exception for uncontested 
candidacies. (Pub.L. 103-283)
    (d) Solicitation forms provided by a Member through a mass 
mailing which are intended to be mailed back by constituents, 
may not be responded to during the 60 days immediately before 
the date of any primary or general election (whether regular, 
special, or runoff) for any Federal, State, or local office in 
which a Member of the Senate is a candidate for election.

                 responses to organized mail campaigns

    Sec. 9. (a) Whenever a Senator determines that he or she is 
the recipient of mail generated by an organized mail campaign 
and that the resources of his or her office are not sufficient 
to enter the names and addresses into the office's mail 
management system, the Senator may use the services of 
commercial vendors under contracts approved by the Committee on 
Rules and Administration. This service converts names and 
addresses to machine readable media which then may be added to 
such Senator's mail management system. The Sergeant at Arms has 
the responsibility for the processing and administrative 
support for this service.
    (b) Expenses for work performed in accordance with this 
section shall be paid from funds from a Senator's Official 
Personnel and Office Expense Account and shall be reported to 
offices with their quarterly mass mail cost reports required by 
section 5(c).

                       change of address programs

    Sec. 10. Offices may have names and addresses on their 
newsletter mail files processed through the National Change of 
Address (NCOA) Program. A Senator may use any of the vendors 
certified by the U.S. Postal Service to provide NCOA service. A 
current list of vendors can be obtained from the Senate 
Computer Center. Processing costs charged by the NCOA vendor 
and transportation costs charged by the delivery service shall 
be billed, to, and paid by, such Senator from his or her 
Official Personnel and Office Expense Account.
    (a) Such Senator shall request the Senate Computer Center 
to prepare his or her mail file for shipment to the vendor 
selected by the Senator, using the delivery service selected by 
the Senator. A Sergeant at Arms ``Request for Assistance'' form 
shall be used for this purpose, and shall include a statement 
in the following format:

        Processing and shipping costs will be paid by the
        Office of Senator __________________ (insert name).
        Bills are to be submitted to __________________ (insert 
address).
                                     __________________
                                     Senator's Signature

    (b) The Senate Computer Center will provide the Senator 
with information about the mail file that will assist the 
Senator in estimating processing costs that will be incurred. 
Please contact the Sergeant at Arms for other options regarding 
change of address.
    (c) The Computer Center will prepare the Senator's file for 
processing, and arrange for transportation, using the delivery 
service designated by the Senator. The NCOA vendor and the 
delivery service will be provided with copies of the ``Request 
for Assistance'' for their use in billing the Senator for their 
services. On receipt of the corrected file from the NCOA 
vendor, the Senate Computer Center will restore it to the 
Senate Mail File System or provide the updated file to the 
appropriate vendor.

                     paper and envelope allowances

    Sec. 12.* (a)(1)(A) Each year the Secretary of the Senate 
shall provide each Senator with the greater of--
---------------------------------------------------------------------------
    * So numbered in original. No section 11.
---------------------------------------------------------------------------
          (i) one and one-third sheets of blank paper per adult 
        constituent, as reported by the Bureau of the Census; 
        or
          (ii) 1,800,000 sheets of blank paper.
    (B) Each year the Secretary of the Senate shall provide 
each Senator with letterhead paper and envelopes in the greater 
of the following quantities:
          (i) 100 sheets and 100 envelopes per 1,000 
        constituents of the Senator; or
          (ii) 180,000 sheets and 180,000 envelopes.
    (2) A portion of a Senator's allowance for paper that is 
unused at the end of a year may be used during the following 
year, but lapses at the end of that year and shall not be 
available for use thereafter.
    (3) A portion of a Senator's allowance for paper that is 
unused at the time the Senator resigns, retires, or otherwise 
leaves office shall lapse and shall not be available for use 
thereafter.
    (4) No portion of the paper allowance of a Senator may be 
given or otherwise transferred to another Senate office.
    (b)(1) Each year the Secretary of the Senate shall provide 
each office set forth below with 180,000 sheets of blank paper, 
180,000 sheets of letterhead paper, and 180,000 envelopes:
          (A) Each standing committee of the Senate.
          (B) Each select committee of the Senate.
          (C) Each special committee of the Senate.
          (D) Each impeachment trial committee of the Senate.
    (2) A portion of an allowance for paper made pursuant to 
paragraph (1) that is unused at the end of a year shall not be 
available for use thereafter.
    (c)(1) The Secretary of the Senate shall provide each of 
the following offices with such quantities of paper and 
envelopes as may be necessary for the performance of its 
official duties:
          (A) The Joint Committee on the Library.
          (B) The Joint Committee on Printing.
          (C) The Joint Committee on Taxation.
          (D) The Joint Economic Committee.
          (E) The President of the Senate.
          (F) The President pro tempore of the Senate.
          (G) The Majority Leader of the Senate.
          (H) The Assistant Majority Leader of the Senate.
          (I) The Secretary for the Majority.
          (J) The Minority Leader of the Senate.
          (K) The Assistant Minority Leader of the Senate.
          (L) The Secretary for the Minority.
          (M) The Republican Conference.
          (N) The Republican Policy Committee.
          (O) The Republican Steering Committee.
          (P) The Democratic Conference.
          (Q) The Democratic Policy Committee.
          (R) The Democratic Steering Committee.
          (S) The Architect of the Capitol, including the 
        Senate Restaurants and the Superintendent of the Senate 
        Office Buildings.
          (T) The Attending Physician.
          (U) The Capitol Police.
          (V) The Chaplain of the Senate.
          (W) The Secretary of the Senate, including all 
        offices reporting thereto.
          (X) The Senate Legislative Counsel.
          (Y) The Senate Legal Counsel.
          (Z) The Senate Sergeant at Arms, including all 
        offices reporting thereto.
          (AA) The Congressional Budget Office.
          (BB) The Democratic Senatorial Campaign Committee.
          (CC) The Republican Senatorial Campaign Committee.
          (DD) The Senate Employees' Federal Credit Union.
          (EE) The Senate Day Care Center.
          (FF) The Senate Defense Liaison Office.
          (HH) The Senate Press Galleries.
    (2) Except as provided in paragraph (3), no portion of an 
allowance for paper made pursuant to paragraph (1) may be given 
or otherwise transferred to a Senator or an office named in 
subsection (b)(1).
    (3) Paper from the allowance of the Sergeant at Arms may be 
used to reprint matter previously printed and charged to the 
allowance of another office if--
          (A) an error in the previously printed matter was 
        caused by the Sergeant at Arms; and
          (B)(i) the previously printed matter was destroyed 
        prior to distribution; or
          (ii) the previously printed matter was distributed 
        before the discovery of the error, and the reprinted 
        matter is noted as a corrected version of such 
        previously printed matter.
    (d) For the purposes of this section--
          (1) blank paper means that is 8.5 inches by 11 inches 
        or 8.5 inches by 14 inches; and
          (2) letterhead means that is 8.5 inches by 11 inches.
    (e) For the purposes of this section, the term ``year'' 
means the period beginning on January 3 of a calendar year and 
ending on January 2 of the following year. Paper for any mass 
mailing the work order for which is submitted prior to the 
close of business of the Sergeant at Arms on January 2 of any 
year shall be charged to the allotment for such year ending on 
January 2 (or, in the case of Senators, to any remaining 
balance from the previous year) if the office for which the 
mass mailing is being prepared gives the Sergeant at Arms, by 
its close of business the following February 14, a final 
printing and mailing clearance. If final clearance for printing 
is not given by close of business on February 14, the work 
order for such work shall be canceled and, if the office still 
desires to have the work completed, a new work order shall be 
prepared and the paper charged to the year in which such work 
order is dated (or, in the case of Senators, to any remaining 
balance from the previous year). Costs incurred in processing 
work order that is canceled because the final clearance for 
printing was not received prior to close of business February 
14 shall be reported in the cost report for the quarter ending 
March 31.

            printing of letterhead stationery and envelopes

    Sec. 13. (a) The return address on envelopes to be used 
with franked mail must bear the nine-digit zip code of the 
office sending the mail.
    (b) Envelopes with Senators' return addresses and nine-
digit zip codes shall not be used for mail from committees. 
Envelopes with committee return addresses and nine-digit zip 
codes shall not be used for mail from Senators' offices.
    (c) Senators' letterhead stationery and envelope allowances 
may be used for personal office letterhead stationery and 
envelopes and committee letterhead stationery. Such allowances 
shall not be used for committee envelopes.
    (d) Paper used for the following purposes shall not be 
charged to an office's paper allowance--
          (1) mailings that relate solely to a notice of 
        appearance or scheduled itinerary of a Senator in the 
        State represented by the Senator and which is mailed to 
        the part of the State where such appearance is to 
        occur;
          (2) ``Dear friend'' letters or post cards processed 
        in accordance with section 9 of these regulations;
          (3) non-personalized Senate letterhead stationery 
        used for automated mail system letters printed on the 
        Sergeant at Arms' high speed laser printers.
    (e) Committee envelopes may bear only the frank of the 
chairman or the ranking minority member, the name and address 
of the full committee, including the nine-digit zip code of the 
committee, and ``Official Business'' or ``Public Document.''

                                history

    Approved by the Committee on Rules and Administration 
January 30, 1991 and revised pursuant to Pub.L. 102-392 
effective Oct. 1, 1992, Pub.L. 103-69 effective Oct. 1, 1993, 
Pub.L. 103-283 effective Oct. 1, 1994, and Pub.L. 105-55 
effective Oct. 1, 1997.
         J. COMMUNICATIONS MEDIA (TITLE 47, UNITED STATES CODE)

                              ----------                              


47 U.S.C. Sec. 312. Administrative sanctions [Revocation of station 
        license or construction permit]

(a) Revocation of station license or construction permit

    The Commission may revoke any station license or 
construction permit--
          * * * * * * *
    (7) for willful or repeated failure to allow reasonable 
access to or to permit purchase of reasonable amounts of time 
for the use of a broadcasting station by a legally qualified 
candidate for Federal elective office on behalf of his 
candidacy.

(f) ``Willful'' and ``repeated'' defined

    For purposes of this section:
          (1) The term ``willful'', when used with reference to 
        the commission or omission of any act, means the 
        conscious and deliberate commission or omission of such 
        act, irrespective of any intent to violate any 
        provision of this chapter or any rule or regulation of 
        the Commission authorized by this chapter or by a 
        treaty ratified by the United States.
          (2) The term ``repeated'', when used with reference 
        to the commission or omission of any act, means the 
        commission or omission of such act more than once or, 
        if such commission or omission is continuous, for more 
        than one day.
June 19, 1934, c. 652, Title III, Sec. 312, 48 Stat. 1086; July 
            16, 1952, c. 879, Sec. 10, 66 Stat. 716; Sept. 13, 
            1960, Pub.L. 86-752, Sec. 6, 74 Stat. 893; Feb. 7, 
            1972, Pub.L. 92-225, Title I, Sec. 103(a)(2)(A), 86 
            Stat. 4; Sept. 13, 1982, Pub.L. 97-259, Title I, 
            Sec. 117, 96 Stat. 1095.

47 U.S.C. Sec. 315. Candidates for Public Office

(a) Equal opportunities requirement; censorship prohibition; allowance 
        of station use; news appearances exception; public interest; 
        public issues discussion opportunities

    If any licensee shall permit any person who is a legally 
qualified candidate for any public office to use a broadcasting 
station, he shall afford equal opportunities to all other such 
candidates for that office in the use of such broadcasting 
station: Provided, That such licensee shall have no power of 
censorship over the material broadcast under the provisions of 
this section. No obligation is imposed under this subsection 
upon any licensee to allow the use of its station by any such 
candidate. Appearance by a legally qualified candidate on any--
          (1) bona fide newscast,
          (2) bona fide news interview,
          (3) bona fide news documentary (if the appearance of 
        the candidate is incidental to the presentation of the 
        subject or subjects covered by the news documentary), 
        or
          (4) on-the-spot coverage of bona fide news events 
        (including but not limited to political conventions and 
        activities incidental thereto),
shall not be deemed to be use of a broadcasting station within 
the meaning of this subsection. Nothing in the foregoing 
sentence shall be construed as relieving broadcasters, in 
connection with the presentation of newscasts, news interviews, 
news documentaries, and on-the-spot coverage of news events, 
from the obligation imposed upon them under this chapter to 
operate in the public interest and to afford reasonable 
opportunity for the discussion of conflicting views on issues 
of public importance.

(b) Broadcast media rates

    The charges made for the use of any broadcasting station by 
any person who is a legally qualified candidate for any public 
office in connection with his campaign for nomination for 
election, or election, to such office shall not exceed--
          (1) during the forty-five days preceding the date of 
        a primary or primary runoff election and during the 
        sixty days preceding the date of a general or special 
        election in which such person is a candidate, the 
        lowest unit charge of the station for the same class 
        and amount of time for the same period; and
          (2) at any other time, the charges made for 
        comparable use of such station by other users thereof.

(c) Definitions

    For purposes of this section--
          (1) the term ``broadcasting station'' includes a 
        community antenna television system; and
          (2) the terms ``licensee'' and ``station licensee'' 
        when used with respect to a community antenna 
        television system mean the operator of such system.

(d) Rules and regulations

    The Commission shall prescribe appropriate rules and 
regulations to carry out the provisions of this section.
June 19, 1934, c.652, Title III, Sec. 315, 48 Stat. 1088; July 
            16, 1952, c.879 Sec. 11, 66 Stat. 717; Pub.L. 86-
            274, Sec. 1, Sept. 14, 1959, 73 Stat. 557; Pub.L. 
            92-225, Title I, Sec. Sec. 103 (a)(1), (2)(B), 
            104(c), Feb. 7, 1972, 86 Stat. 4, 7; Pub.L. 93-443, 
            Title IV, Sec. 402, Oct. 15, 1974, 88 Stat. 1291.
=======================================================================


                                PART II

  PERTINENT STANDING RULES OF THE SENATE RELATING TO THE ELECTION OF 
                                SENATORS

=======================================================================

      
  PERTINENT STANDING RULES OF THE SENATE RELATING TO THE ELECTION OF 
                              SENATORS \1\

                              ----------                              _


                               A. RULE II

         presentation of credentials and questions of privilege

    1. The presentation of the credentials of Senators elect or 
of Senators designate and other questions of privilege shall 
always be in order, except during the reading and correction of 
the Journal, while a question of order or a motion to adjourn 
is pending, or while the Senate is voting or ascertaining the 
presence of a quorum; and all questions and motions arising or 
made upon the presentation of such credentials shall be 
proceeded with until disposed of.
---------------------------------------------------------------------------
    \1\ Standing Rules of the Senate revised to Jan. 1, 1996.
---------------------------------------------------------------------------
    2. The Secretary shall keep a record of the certificates of 
election and certificates of appointment of Senators by 
entering in a well-bound book kept for that purpose the date of 
the election or appointment, the name of the person elected or 
appointed, the date of the certificate, the name of the 
governor and the secretary of state signing and countersigning 
the name, and the State from which such Senator is elected or 
appointed.
    3. The Secretary of the Senate shall send copies of the 
following recommended forms to the governor and secretary of 
state of each State wherein an election is about to take place 
or an appointment is to be made so that they may use such forms 
if they see fit.

 THE RECOMMENDED FORMS FOR CERTIFICATE OF ELECTION AND CERTIFICATE OF 
                      APPOINTMENT ARE AS FOLLOWS:

               certificate of election for six-year term

``To the President of the Senate of the United States:

    ``This is to certify that on the -- day of --, 19--, A----
-- B------ was duly chosen by the qualified electors of the 
State of ------ a Senator from said State to represent said 
State in the Senate of the United States for the term of six 
years, beginning on the 3d day of January, 19----.
    ``Witness: His excellency our governor ------, and our seal 
hereto affixed at ------ this -- day of ------, in the year of 
our Lord 19----.
    ``By the governor:
                                   ``C------ D------,
                                                        ``Governor.
                                   ``E------ F------,
                                            ``Secretary of State.''

               certificate of election for unexpired term

``To the President of the Senate of the United States:
    ``This is to certify that on the -- day of ----, 19----, 
A------ B------ was duly chosen by the qualified electors of 
the State of ------ a Senator for the unexpired term ending at 
noon on the 3d day of January, 19----, to fill the vacancy in 
the representation from said State in the Senate of the United 
States caused by the ------ of C------ D------.
    ``Witness: His excellency our governor ------, and our seal 
hereto affixed at ------ this -- day of ------, in the year of 
our Lord 19----.
    ``By the governor:
                                   ``E------ F------,
                                                        ``Governor.
                                   ``G------ H------
                                            ``Secretary of State.''

                       certificate of appointment

``To the President of the Senate of the United States:
    ``This is to certify that, pursuant to the power vested in 
me by the Constitution of the United States and the laws of the 
State of ------, I, A------ B------, the governor of said 
State, do hereby appoint C------ D------ a Senator from said 
State to represent said State in the Senate of the United 
States until the vacancy therein caused by the ------ of E----
-- F------, is filed by election as provided by law.
    ``Witness: His excellency our governor ------, and our seal 
hereto affixed at ------ this -- day of ------, in the year of 
our Lord 19----.
    ``By the governor:
                                   ``G------ H------,
                                                        ``Governor.
                                   ``I------ J------,
                                            ``Secretary of State.''

                              B. RULE III

                                 oaths

    The oaths or affirmations required by the Constitution and 
prescribed by law shall be taken and subscribed by each 
Senator, in open Senate, before entering upon his duties.

  oath required by the constitution and by law to be taken by senators

    I, A------ B------, do solemnly swear (or affirm) that I 
will support and defend the Constitution of the United States 
against all enemies, foreign and domestic; that I will bear 
true faith and allegiance to the same; that I take this 
obligation freely, without any mental reservation or purpose of 
evasion; and that I will well and faithfully discharge the 
duties of the office on which I am about to enter; so help me 
God. (5 U.S.C. 3331.)

                             C. RULE XXXIV

                      public financial disclosure

    1. For purposes of this rule, the provisions of title I of 
the Ethics in Government Act of 1978 shall be deemed to be a 
rule of the Senate as it pertains to Members, officers, and 
employees of the Senate. [See 5 U.S.C. App. 6 Sec. Sec. 101-
111.]
    2. (a) The Select Committee on Ethics shall transmit a copy 
of each report filed with it under title I of the Ethics in 
Government Act of 1978 (other than a report filed by a Member 
of Congress) to the head of the employing office of the 
individual filing the report.
    (b) For purposes of this rule, the head of the employing 
office shall be--
          (1) in the case of an employee of a Member, the 
        Member by whom that person is employed;
          (2) in the case of an employee of a Committee, the 
        chairman and ranking minority member of such Committee;
          (3) in the case of an employee on the leadership 
        staff, the Member of the leadership on whose staff such 
        person serves; and
          (4) in the case of any other employee of the 
        legislative branch, the head of the office in which 
        such individual serves.
    3.\2\ In addition to the requirements of paragraph 1, 
Members, officers, and employees of the Senate shall include in 
each report filed under paragraph 1 the following additional 
information:
---------------------------------------------------------------------------
    \2\ Pursuant to S. Res. 158, 104-1, July 28, 1995, and S. Res. 198, 
104-1, Dec. 7, 1995, paragraphs 3 and 4 were added effective Jan. 1, 
1996.
---------------------------------------------------------------------------
          (a) For purposes of section 102(a)(1)(B) of the 
        Ethics in Government Act of 1978 additional categories 
        of income as follows:
                  (1) greater than $1,000,000 but not more than 
                $5,000,000, or
                  (2) greater than $5,000,000.
          (b) for purposes of section 102(d)(1) of the Ethics 
        in Government Act of 1978 additional categories of 
        value as follows:
                  (1) greater than $1,000,000 but not more than 
                $5,000,000;
                  (2) greater than $5,000,000 but not more than 
                $25,000,000;
                  (3) greater than $25,000,000 but not more 
                than $50,000,000; and
                  (4) greater than $50,000,000.
          (c) For purposes of this paragraph and section 102 of 
        the Ethics in Government Act of 1978, additional 
        categories with amounts or values greater than 
        $1,000,000 set forth in section 102(a)(1)(B) and 
        102(d)(1) shall apply to the income, assets, or 
        liabilities of spouses and dependent children only if 
        the income, assets, or liabilities are held jointly 
        with the reporting individual. All other income, 
        assets, or liabilities of the spouse or dependent 
        children required to be reported under section 102 and 
        this paragraph in an amount or value greater than 
        $1,000,000 shall be categorized only as an amount or 
        value greater than $1,000,000.
    4.\3\ In addition to the requirements of paragraph 1, 
Members, officers, and employees of the Senate shall include in 
each report filed under paragraph 1 an additional statement 
under section 102(a) of the Ethics in Government Act of 1978 
listing the category of the total cash value of any interest of 
the reporting individual in a qualified blind trust as provided 
in section 102(d)(1) of the Ethics in Government Act of 1978, 
unless the trust instrument was executed prior to July 24, 1995 
and precludes the beneficiary from receiving information on the 
total cash value of any interest in the qualified blind trust.
---------------------------------------------------------------------------
    \3\ This subsection applies with respect to reports filed under 
title I of the Ethics in Government Act of 1978 for calendar year 1996 
and thereafter.
---------------------------------------------------------------------------

                              D. RULE XXXV

                               GIFTS \4\

    1. (a)(1) No Member, officer, or employee of the Senate 
shall knowingly accept a gift except as provided in this rule.
---------------------------------------------------------------------------
    \4\ As amended, S. Res. 158, 104-1, July 28, 1995, and S. Res. 198, 
104-1, Dec. 7, 1995, effective Jan. 1, 1996. See also 2 U.S.C. 31-2.
---------------------------------------------------------------------------
    (2) A Member, officer, or employee may accept a gift (other 
than cash or cash equivalent) which the Member, officer, or 
employee reasonably and in good faith believes to have a value 
of less than $50, and a cumulative value from one source during 
a calendar year of less than $100. No gift with a value below 
$10 shall count toward the $100 annual limit. No formal 
recordkeeping is required by this paragraph, but a Member, 
officer, or employee shall make a good faith effort to comply 
with this paragraph.
    (b)(1) For the purpose of this rule, the term ``gift'' 
means any gratuity, favor, discount, entertainment, 
hospitality, loan, forbearance, or other item having monetary 
value. The term includes gifts of services, training, 
transportation, lodging, and meals, whether provided in kind, 
by purchase of a ticket, payment in advance, or reimbursement 
after the expense has been incurred.
    (2)(A) A gift to a family member of a Member, officer, or 
employee, or a gift to any other individual based on that 
individual's relationship with the Member, officer, or 
employee, shall be considered a gift to the Member, officer, or 
employee if it is given with the knowledge and acquiescence of 
the Member, officer, or employee and the Member, officer, or 
employee has reason to believe the gift was given because of 
the official position of the Member, officer, or employee.
    (B) If food or refreshment is provided at the same time and 
place to both a Member, officer, or employee and the spouse or 
dependent thereof, only the food or refreshment provided to the 
Member, officer, or employee shall be treated as a gift for 
purposes of this rule.
    (c) The restrictions in subparagraph (a) shall not apply to 
the following:
          (1) Anything for which the Member, officer, or 
        employee pays the market value, or does not use and 
        promptly returns to the donor.
          (2) A contribution, as defined in the Federal 
        Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) 
        that is lawfully made under that Act, or attendance at 
        a fundraising event sponsored by a political 
        organization described in section 527(e) of the 
        Internal Revenue Code of 1986.
          (3) A gift from a relative as described in section 
        109(16) of title I of the Ethics Reform Act of 1989 (5 
        U.S.C. App. 6).
          (4)(A) Anything, including personal hospitality, 
        provided by an individual on the basis of a personal 
        friendship unless the Member, officer, or employee has 
        reason to believe that, under the circumstances, the 
        gift was provided because of the official position of 
        the Member, officer, or employee and not because of the 
        personal friendship.
          (B) In determining whether a gift is provided on the 
        basis of personal friendship, the Member, officer, or 
        employee shall consider the circumstances under which 
        the gift was offered, such as:
                  (i) The history of the relationship between 
                the individual giving the gift and the 
                recipient of the gift, including any previous 
                exchange of gifts between such individuals.
                  (ii) Whether to the actual knowledge of the 
                Member, officer, or employee the individual who 
                gave the gift personally paid for the gift or 
                sought a tax deduction or business 
                reimbursement for the gift.
                  (iii) Whether to the actual knowledge of the 
                Member, officer, or employee the individual who 
                gave the gift also at the same time gave the 
                same or similar gifts to other Members, 
                officers, or employees.
          (5) A contribution or other payment to a legal 
        expense fund established for the benefit of a Member, 
        officer, or employee, that is otherwise lawfully made, 
        subject to the disclosure requirements of the Select 
        Committee on Ethics, except as provided in paragraph 
        3(c).
          (6) Any gift from another Member, officer, or 
        employee of the Senate or the House of Representatives.
          (7) Food, refreshments, lodging, and other benefits--
                  (A) resulting from the outside business or 
                employment activities (or other outside 
                activities that are not connected to the duties 
                of the Member, officer, or employee as an 
                officeholder) of the Member, officer, or 
                employee, or the spouse of the Member, officer, 
                or employee, if such benefits have not been 
                offered or enhanced because of the official 
                position of the Member, officer, or employee 
                and are customarily provided to others in 
                similar circumstances;
                  (B) customarily provided by a prospective 
                employer in connection with bona fide 
                employment discussions; or
                  (C) provided by a political organization 
                described in section 527(e) of the Internal 
                Revenue Code of 1986 in connection with a 
                fundraising or campaign event sponsored by such 
                an organization.
          (8) Pension and other benefits resulting from 
        continued participation in an employee welfare and 
        benefits plan maintained by a former employer.
          (9) Informational materials that are sent to the 
        office of the Member, officer, or employee in the form 
        of books, articles, periodicals, other written 
        materials, audiotapes, videotapes, or other forms of 
        communication.
          (10) Awards or prizes which are given to competitors 
        in contests or events open to the public, including 
        random drawings.
          (11) Honorary degrees (and associated travel, food, 
        refreshments, and entertainment) and other bona fide, 
        nonmonetary awards presented in recognition of public 
        service (and associated food, refreshments, and 
        entertainment provided in the presentation of such 
        degrees and awards).
          (12) Donations of products from the State that the 
        Member represents that are intended primarily for 
        promotional purposes, such as display or free 
        distribution, and are of minimal value to any 
        individual recipient.
          (13) Training (including food and refreshments 
        furnished to all attendees as an integral part of the 
        training) provided to a Member, officer, or employee, 
        if such training is in the interest of the Senate.
          (14) Bequests, inheritances, and other transfers at 
        death.
          (15) Any item, the receipt of which is authorized by 
        the Foreign Gifts and Decorations Act, the Mutual 
        Educational and Cultural Exchange Act, or any other 
        statute.
          (16) Anything which is paid for by the Federal 
        Government, by a State or local government, or secured 
        by the Government under a Government contract.
          (17) A gift of personal hospitality (as defined in 
        section 109(14) \5\ of the Ethics in Government Act) of 
        an individual other than a registered lobbyist or agent 
        of a foreign principal.
---------------------------------------------------------------------------
    \5\ Definitions are found at 5 U.S.C. App. 6.
---------------------------------------------------------------------------
          (18) Free attendance at a widely attended event 
        permitted pursuant to subparagraph (d).
          (19) Opportunities and benefits which are--
                  (A) available to the public or to a class 
                consisting of all Federal employees, whether or 
                not restricted on the basis of geographic 
                consideration;
                  (B) offered to members of a group or class in 
                which membership is unrelated to congressional 
                employment;
                  (C) offered to members of an organization, 
                such as an employees' association or 
                congressional credit union, in which membership 
                is related to congressional employment and 
                similar opportunities are available to large 
                segments of the public through organizations of 
                similar size;
                  (D) offered to any group or class that is not 
                defined in a manner that specifically 
                discriminates among Government employees on the 
                basis of branch of Government or type of 
                responsibility, or on a basis that favors those 
                of higher rank or rate of pay;
                  (E) in the form of loans from banks and other 
                financial institutions on terms generally 
                available to the public; or
                  (F) in the form of reduced membership or 
                other fees for participation in organization 
                activities offered to all Government employees 
                by professional organizations if the only 
                restrictions on membership relate to 
                professional qualifications.
          (20) A plaque, trophy, or other item that is 
        substantially commemorative in nature and which is 
        intended solely for presentation.
          (21) Anything for which, in an unusual case, a waiver 
        is granted by the Select Committee on Ethics.
          (22) Food or refreshments of a nominal value offered 
        other than as a part of a meal.
          (23) An item of little intrinsic value such as a 
        greeting card, baseball cap, or a T-shirt.
    (d)(1) A Member, officer, or employee may accept an offer 
of free attendance at a widely attended convention, conference, 
symposium, forum, panel discussion, dinner, viewing, reception, 
or similar event, provided by the sponsor of the event, if--
          (A) the Member, officer, or employee participates in 
        the event as a speaker or a panel participant, by 
        presenting information related to Congress or matters 
        before Congress, or by performing a ceremonial function 
        appropriate to the Member's, officer's, or employee's 
        official position; or
          (B) attendance at the event is appropriate to the 
        performance of the official duties or representative 
        function of the Member, officer, or employee.
    (2) A Member, officer, or employee who attends an event 
described in clause (1) may accept a sponsor's unsolicited 
offer of free attendance at the event for an accompanying 
individual if others in attendance will generally be similarly 
accompanied or if such attendance is appropriate to assist in 
the representation of the Senate.
    (3) A Member, officer, or employee, or the spouse or 
dependent thereof, may accept a sponsor's unsolicited offer of 
free attendance at a charity event, except that reimbursement 
for transportation and lodging may not be accepted in 
connection with an event that does not meet the standards 
provided in paragraph 2.
    (4) For purposes of this paragraph, the term ``free 
attendance'' may include waiver of all or part of a conference 
or other fee, the provision of local transportation, or the 
provision of food, refreshments, entertainment, and 
instructional materials furnished to all attendees as an 
integral part of the event. The term does not include 
entertainment collateral to the event, nor does it include food 
or refreshments taken other than in a group setting with all or 
substantially all other attendees.
    (e) No Member, officer, or employee may accept a gift the 
value of which exceeds $250 on the basis of the personal 
friendship exception in subparagraph (c)(4) unless the Select 
Committee on Ethics issues a written determination that such 
exception applies. No determination under this subparagraph is 
required for gifts given on the basis of the family 
relationship exception.
    (f) When it is not practicable to return a tangible item 
because it is perishable, the item may, at the discretion of 
the recipient, be given to an appropriate charity or destroyed.
    2. (a)(1) A reimbursement (including payment in kind) to a 
Member, officer, or employee from an individual other than a 
registered lobbyist or agent of a foreign principal for 
necessary transportation, lodging and related expenses for 
travel to a meeting, speaking engagement, factfinding trip or 
similar event in connection with the duties of the Member, 
officer, or employee as an officeholder shall be deemed to be a 
reimbursement to the Senate and not a gift prohibited by this 
rule, if the Member, officer, or employee--
          (A) in the case of an employee, receives advance 
        authorization, from the Member or officer under whose 
        direct supervision the employee works, to accept 
        reimbursement, and
          (B) discloses the expenses reimbursed or to be 
        reimbursed and the authorization to the Secretary of 
        the Senate within 30 days after the travel is 
        completed.
    (2) For purposes of clause (1), events, the activities of 
which are substantially recreational in nature, shall not be 
considered to be in connection with the duties of a Member, 
officer, or employee as an officeholder.
    (b) Each advance authorization to accept reimbursement 
shall be signed by the Member or officer under whose direct 
supervision the employee works and shall include--
          (1) the name of the employee;
          (2) the name of the person who will make the 
        reimbursement;
          (3) the time, place, and purpose of the travel; and
          (4) a determination that the travel is in connection 
        with the duties of the employee as an officeholder and 
        would not create the appearance that the employee is 
        using public office for private gain.
    (c) Each disclosure made under subparagraph (a)(1) of 
expenses reimbursed or to be reimbursed shall be signed by the 
Member or officer (in the case of travel by that Member or 
officer) or by the Member or officer under whose direct 
supervision the employee works (in the case of travel by an 
employee) and shall include--
          (1) a good faith estimate of total transportation 
        expenses reimbursed or to be reimbursed;
          (2) a good faith estimate of total lodging expenses 
        reimbursed or to be reimbursed;
          (3) a good faith estimate of total meal expenses 
        reimbursed or to be reimbursed;
          (4) a good faith estimate of the total of other 
        expenses reimbursed or to be reimbursed;
          (5) a determination that all such expenses are 
        necessary transportation, lodging, and related expenses 
        as defined in this paragraph; and
          (6) in the case of a reimbursement to a Member or 
        officer, a determination that the travel was in 
        connection with the duties of the Member or officer as 
        an officeholder and would not create the appearance 
        that the Member or officer is using public office for 
        private gain.
    (d) For the purposes of this paragraph, the term 
``necessary transportation, lodging, and related expenses''--
          (1) includes reasonable expenses that are necessary 
        for travel for a period not exceeding 3 days exclusive 
        of travel time within the United States or 7 days 
        exclusive of travel time outside of the United States 
        unless approved in advance by the Select Committee on 
        Ethics;
          (2) is limited to reasonable expenditures for 
        transportation, lodging, conference fees and materials, 
        and food and refreshments, including reimbursement for 
        necessary transportation, whether or not such 
        transportation occurs within the periods described in 
        clause (1);
          (3) does not include expenditures for recreational 
        activities, nor does it include entertainment other 
        than that provided to all attendees as an integral part 
        of the event, except for activities or entertainment 
        otherwise permissible under this rule; and
          (4) may include travel expenses incurred on behalf of 
        either the spouse or a child of the Member, officer, or 
        employee, subject to a determination signed by the 
        Member or officer (or in the case of an employee, the 
        Member or officer under whose direct supervision the 
        employee works) that the attendance of the spouse or 
        child is appropriate to assist in the representation of 
        the Senate.
    (e) The Secretary of the Senate shall make available to the 
public all advance authorizations and disclosures of 
reimbursement filed pursuant to subparagraph (a) as soon as 
possible after they are received.
    3. A gift prohibited by paragraph 1(a) includes the 
following:
          (a) Anything provided by a registered lobbyist or an 
        agent of a foreign principal to an entity that is 
        maintained or controlled by a Member, officer, or 
        employee.
          (b) A charitable contribution (as defined in section 
        170(c) of the Internal Revenue Code of 1986) made by a 
        registered lobbyist or an agent of a foreign principal 
        on the basis of a designation, recommendation, or other 
        specification of a Member, officer, or employee (not 
        including a mass mailing or other solicitation directed 
        to a broad category of persons or entities), other than 
        a charitable contribution permitted by paragraph 4.
          (c) A contribution or other payment by a registered 
        lobbyist or an agent of a foreign principal to a legal 
        expense fund established for the benefit of a Member, 
        officer, or employee.
          (d) A financial contribution or expenditure made by a 
        registered lobbyist or an agent of a foreign principal 
        relating to a conference, retreat, or similar event, 
        sponsored by or affiliated with an official 
        congressional organization, for or on behalf of 
        Members, officers, or employees.
    4. (a) A charitable contribution (as defined in section 
170(c) of the Internal Revenue Code of 1986) made by a 
registered lobbyist or an agent of a foreign principal in lieu 
of an honorarium to a Member, officer, or employee shall not be 
considered a gift under this rule if it is reported as provided 
in subparagraph (b).
    (b) A Member, officer, or employee who designates or 
recommends a contribution to a charitable organization in lieu 
of honoraria described in subparagraph (a) shall report within 
30 days after such designation or recommendation to the 
Secretary of the Senate--
          (1) the name and address of the registered lobbyist 
        who is making the contribution in lieu of honoraria;
          (2) the date and amount of the contribution; and
          (3) the name and address of the charitable 
        organization designated or recommended by the Member.
    The Secretary of the Senate shall make public information 
received pursuant to this subparagraph as soon as possible 
after it is received.
    5. For purposes of this rule--
          (a) the term ``registered lobbyist'' means a lobbyist 
        registered under the Federal Regulation of Lobbying Act 
        or any successor statute; and
          (b) the term ``agent of a foreign principal'' means 
        an agent of a foreign principal registered under the 
        Foreign Agents Registration Act.
    6. All the provisions of this rule shall be interpreted and 
enforced solely by the Select Committee on Ethics.
    The Select Committee on Ethics is authorized to issue 
guidance on any matter contained in this rule.

                             E. RULE XXXVI

                         outside earned income

    For purposes of this rule, the provisions of section 501 of 
the Ethics in Government Act of 1978 (5 U.S.C. App. 7 501) 
shall be deemed to be a rule of the Senate as it pertains to 
Members, officers, and employees of the Senate.

                             F. RULE XXXVII

                          conflict of interest

    1. A Member, officer, or employee of the Senate shall not 
receive any compensation, nor shall he permit any compensation 
to accrue to his beneficial interest from any source, the 
receipt or accrual of which would occur by virtue of influence 
improperly exerted from his position as a Member, officer, or 
employee.
    2. No Member, officer, or employee shall engage in any 
outside business or professional activity or employment for 
compensation which is inconsistent or in conflict with the 
conscientious performance of official duties.
    3. No officer or employee shall engage in any outside 
business or professional activity or employment for 
compensation unless he has reported in writing when such 
activity or employment commences and on May 15 of each year 
thereafter so long as such activity or employment continues, 
the nature of such activity or employment to his supervisor. 
The supervisor shall then, in the discharge of his duties, take 
such action as he considers necessary for the avoidance of 
conflict of interest or interference with duties to the Senate.
    4. No Member, officer, or employee shall knowingly use his 
official position to introduce or aid the progress or passage 
of legislation, a principal purpose of which is to further only 
his pecuniary interest, only the pecuniary interest of his 
immediate family, or only the pecuniary interest of a limited 
class of persons or enterprises, when he, or his immediate 
family, or enterprises controlled by them, are members of the 
affected class.
    5. (a) No Member, officer, or employee of the Senate 
compensated at a rate in excess of $25,000 per annum and 
employed for more than ninety days in a calendar year shall (1) 
affiliate with a firm, partnership, association, or corporation 
for the purpose of providing professional services for 
compensation; (2) permit that individual's name to be used by 
such firm, partnership, association or corporation; or (3) 
practice a profession for compensation to any extent during 
regular office hours of the Senate office in which employed. 
For the purpose of this paragraph, ``professional services'' 
shall include but not be limited to those which involve a 
fiduciary relationship.
    (b) A Member or an officer or employee whose rate of basic 
pay is equal to or greater than 120 percent of the annual rate 
of basic pay in effect for grade GS-15 of the General Schedule 
shall not--
          (1) receive compensation for affiliating with or 
        being employed by a firm, partnership, association, 
        corporation, or other entity which provides 
        professional services involving a fiduciary 
        relationship;
          (2) permit that Member's, officer's, or employee's 
        name to be used by any such firm, partnership, 
        association, corporation, or other entity;
          (3) receive compensation for practicing a profession 
        which involves a fiduciary relationship; or
          (4) receive compensation for teaching, without the 
        prior notification and approval of the Select Committee 
        on Ethics.
    6. (a) No Member, officer, or employee of the Senate 
compensated at a rate in excess of $25,000 per annum and 
employed for more than ninety days in a calendar year shall 
serve as an officer or member of the board of any publicly held 
or publicly regulated corporation, financial institution, or 
business entity. The preceding sentence shall not apply to 
service of a Member, officer, or employee as--
          (1) an officer or member of the board of an 
        organization which is exempt from taxation under 
        section 501(c) of the Internal Revenue code of 1954, if 
        such service is performed without compensation;
          (2) an officer or member of the board of an 
        institution or organization which is principally 
        available to Members, officers, or employees of the 
        Senate, or their families, if such service is performed 
        without compensation; or
          (3) a member of the board of a corporation, 
        institution, or other business entity, if (A) the 
        Member, officer, or employee has served continuously as 
        a member of the board thereof for at least two years 
        prior to his election or appointment as a Member, 
        officer, or employee of the Senate, (B) the amount of 
        time required to perform such service is minimal, and 
        (C) the Member, officer, or employee is not a member 
        of, or a member of the staff of any Senate committee 
        which has legislative jurisdiction over any agency of 
        the Government charged with regulating the activities 
        of the corporation, institution, or other business 
        entity.
    (b) A Member or an officer or employee whose rate of basic 
pay is equal to or greater than 120 percent of the annual rate 
of basic pay in effect for grade GS-15 of the General Schedule 
shall not serve for compensation as an officer or member of the 
board of any association, corporation, or other entity.
    7. An employee on the staff of a committee who is 
compensated at a rate in excess of $25,000 per annum and 
employed for more than ninety days in a calendar year shall 
divest himself of any substantial holdings which may be 
directly affected by the actions of the committee for which he 
works, unless the Select Committee, after consultation with the 
employee's supervisor, grants permission in writing to retain 
such holdings or the employee makes other arrangements 
acceptable to the Select Committee and the employee's 
supervisor to avoid participation in committee actions where 
there is a conflict of interest, or the appearance thereof.
    8. If a Member, upon leaving office, becomes a registered 
lobbyist under the Federal Regulation of Lobbying Act of 1946 
or any successor statute, or is employed or retained by such a 
registered lobbyist for the purpose of influencing legislation, 
he shall not lobby Members, officers, or employees of the 
Senate for a period of one year after leaving office.
    9. If an employee on the staff of a Member, upon leaving 
that position, becomes a registered lobbyist under the Federal 
Regulation of Lobbying Act of 1946 or any successor statute, or 
is employed or retained by such a registered lobbyist for the 
purpose of influencing legislation, such employee may not lobby 
the Member for whom he worked or that Member's staff for a 
period of one year after leaving that position. If an employee 
on the staff of a committee, upon leaving his position, becomes 
such a registered lobbyist or is employed or retained by such a 
registered lobbyist for the purpose of influencing legislation, 
such employee may not lobby the members of the committee for 
which he worked, or the staff of that committee, for a period 
of one year after leaving his position.
    10. (a) Except as provided by subparagraph (b), any 
employee of the Senate who is required to file a report 
pursuant to rule XXXIV shall refrain from participating 
personally and substantially as an employee of the Senate in 
any contact with any agency of the executive or judicial branch 
of Government with respect to non-legislative matters affecting 
any non-governmental person in which the employee has a 
significant financial interest.
    (b) Subparagraph (a) shall not apply if an employee first 
advises his supervisor authority of his significant financial 
interest and obtains from his employing authority a written 
waiver stating that the participation of the employee is 
necessary. A copy of each such waiver shall be filed with the 
Select Committee.
    11. For purposes of this rule--
          (a) ``employee of the Senate'' includes an employee 
        or individual described in paragraphs 2, 3, and 4(c) of 
        rule XLI;
          (b) an individual who is an employee on the staff of 
        a sub-committee of a committee shall be treated as an 
        employee on the staff of such committee; and
          (c) the term ``lobbying'' means any oral or written 
        communication to influence the content or disposition 
        of any issue before Congress, including any pending or 
        future bill, resolution, treaty, nomination, hearing, 
        report, or investigation; but does not include--
                  (1) a communication (i) made in the form of 
                testimony given before a committee or office of 
                the Congress, or (ii) submitted for inclusion 
                in the public record, public docket, or public 
                file of a hearing; or
                  (2) a communication by an individual, acting 
                solely on his own behalf, for redress of 
                personal grievances, or to express his personal 
                opinion.
    12. For purposes of this rule--
          (a) a Senator or the Vice President is the supervisor 
        of his administrative, clerical, or other assistants;
          (b) a Senator who is the chairman of a committee is 
        the supervisor of the professional, clerical, or other 
        assistants to the committee except that minority staff 
        members shall be under the supervision of the ranking 
        minority Senator on the committee;
          (c) a Senator who is a chairman of a subcommittee 
        which has its own staff and financial authorization is 
        the supervisor of the professional, clerical, or other 
        assistants to the subcommittee except that minority 
        staff members shall be under the supervision of the 
        ranking minority Senator on the subcommittee;
          (d) the President pro tempore is the supervisor of 
        the Secretary of the Senate, Sergeant at Arms and 
        Doorkeeper, the Chaplain, the Legislative Counsel, and 
        the employees of the Office of the Legislative Counsel;
          (e) the Secretary of the Senate is the supervisor of 
        the employees of his office;
          (f) the Sergeant at Arms and Doorkeeper is the 
        supervisor of the employees of his office;
          (g) the Majority and Minority Leaders and the 
        Majority and Minority Whips are the supervisors of the 
        research, clerical, or other assistants assigned to 
        their respective offices;
          (h) the Majority Leader is the supervisor of the 
        Secretary for the Majority and the Secretary for the 
        Majority is the supervisor of the employees of his 
        office; and
          (i) the Minority Leader is the supervisor of the 
        Secretary for the Minority and the Secretary for the 
        Minority is the supervisor of the employees of his 
        office.

                            G. RULE XXXVIII

               PROHIBITION OF UNOFFICIAL OFFICE ACCOUNTS

    1. (a) No Member may maintain or have maintained for his 
use an unofficial office account. The term ``unofficial office 
account'' means an account or repository into which funds are 
received for the purpose, at least in part, of defraying 
otherwise unreimbursed expenses allowable in connection with 
the operation of a Member's office. An unofficial office 
account does not include, and expenses incurred by a Member in 
connection with his official duties shall be defrayed only 
from--
          (1) personal funds of the Member;
          (2) official funds specifically appropriated for that 
        purpose;
          (3) funds derived from a political committee (as 
        defined in section 301(d) of the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 432)); and
          (4) funds received as reasonable reimbursement for 
        expenses incurred by a Member in connection with 
        personal services provided by the Member to the 
        organization making the reimbursement.
    (b) Notwithstanding subparagraph (a), official expenses may 
be defrayed only as provided by subsections (d) and (i) of 
section 311 of the Legislative Appropriations Act, 1991 (Pub.L. 
101-520).
    2. No contribution (as defined in section 301(e) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 431)) shall be 
converted to the personal use of any Member or any former 
Member. For the purposes of this rule ``personal use'' does not 
include reimbursement of expenses incurred by a Member in 
connection with his official duties.

                             H. RULE XXXIX

                             FOREIGN TRAVEL

    1. (a) Unless authorized by the Senate (or by the President 
of the United States after an adjournment sine die), no funds 
from the United States Government (including foreign currencies 
made available under section 502(b) of the Mutual Security Act 
of 1954 (22 U.S.C. 1754(b))) shall be received for the purpose 
of travel outside the United States by any Member of the Senate 
whose term will expire at the end of a Congress after--
          (1) the date of the general election in which his 
        successor is elected; or
          (2) in the case of a Member who is not a candidate in 
        such general election, the earlier of the date of such 
        general election or the adjournment sine die of the 
        second regular session of that Congress.
    (b) The travel restrictions provided by subparagraph (a) 
with respect to a Member of the Senate whose term will expire 
at the end of a Congress shall apply to travel by--
          (1) any employee of the Member;
          (2) any elected officer of the Senate whose 
        employment will terminate at the end of a Congress; and
          (3) any employee of a committee whose employment will 
        terminate at the end of a Congress.
    2. No Member, officer, or employee engaged in foreign 
travel may claim payment or accept funds from the United States 
Government (including foreign currencies made available under 
section 502(b) of the Mutual Security Act of 1954 (22 U.S.C. 
1754(b)) for any expense for which the individual has received 
reimbursement from any other source; nor may such Member, 
officer, or employee receive reimbursement for the same expense 
more than once from the United States Government. No Member, 
officer, or employee shall use any funds furnished to him to 
defray ordinary and necessary expenses of foreign travel for 
any purpose other than the purpose or purposes for which such 
funds were furnished.
    3. A per diem allowance provided a Member, officer, or 
employee in connection with foreign travel shall be used solely 
for lodging, food, and related expenses and it is the 
responsibility of the Member, officer, or employee receiving 
such an allowance to return to the United States Government 
that portion of the allowance received which is not actually 
used for necessary lodging, food, and related expenses.

                               I. RULE XL

          Franking Privilege and Radio and Television Studios

    1. A Senator or an individual who is a candidate for 
nomination for election, or election, to the Senate may not use 
the frank for any mass mailing (as defined in section 
3210(a)(6)(E) of title 39, United States Code) if such mass 
mailing is mailed at or delivered to any postal facility less 
than sixty days immediately before the date of any primary or 
general election (whether regular, special, or runoff) in which 
the Senator is a candidate for public office or the individual 
is a candidate for Senator, unless the candidacy of the Senator 
in such election is uncontested.\6\
---------------------------------------------------------------------------
    \6\ As amended by S. Res. 224, 103-2, June 21, 1994.
---------------------------------------------------------------------------
    2. A Senator shall use only official funds of the Senate, 
including his official Senate allowances, to purchase paper, to 
print, or to prepare any mass mailing material which is to be 
sent out under the frank.
    3. (a) When a Senator disseminates information under the 
frank by a mass mailing (as defined in section 3210(a)(6)(E) of 
title 39, United States Code), the Senator shall register 
quarterly with the Secretary of the Senate such mass mailings. 
Such registration shall be made by filing with the Secretary a 
copy of the matter mailed and providing, on a form supplied by 
the Secretary, a description of the group or groups of persons 
to whom the mass mailing was mailed.
    (b) The Secretary of the Senate shall promptly make 
available for public inspection and copying a copy of the mail 
matter registered, and a description of the group or groups of 
persons to whom the mass mailing was mailed.
    4. Nothing in this rule shall apply to any mailing under 
the frank which is (a) in direct response to inquiries or 
requests from persons to whom the matter is mailed; (b) 
addressed to colleagues in Congress or to government officials 
(whether Federal, State, or local); or (c) consists entirely of 
news releases to the communications media.
    5. The Senate computer facilities shall not be used (a) to 
store, maintain, or otherwise process any list or categories of 
lists of names and addresses identifying the individuals 
included in such lists as campaign workers or contributors, as 
members of a political party, or by any other partisan 
political designation, (b) to produce computer printouts except 
as authorized by user guides approved by the Committee on Rules 
and Administration, or (c) to produce mailing labels for mass 
mailings, or computer tapes and discs, for use other than in 
service facilities maintained and operated by the Senate or 
under contract to the Senate. The Committee on Rules and 
Administration shall prescribe such regulations not 
inconsistent with the purposes of this paragraph as it 
determines necessary to carry out such purposes.
    6. (a) The radio and television studios provided by the 
Senate or by the House of Representatives may not be used by a 
Senator or an individual who is a candidate for nomination for 
election, or election, to the Senate less than sixty days 
immediately before the date of any primary or general election 
(whether regular, special, or runoff) in which that Senator is 
a candidate for public office or that individual is a candidate 
for Senator, unless the candidacy of the Senator in such 
election is uncontested.\7\
---------------------------------------------------------------------------
    \7\ As amended by S.Res. 224, 103-2, June 1, 1994.
---------------------------------------------------------------------------
    (b) This paragraph shall not apply if the facilities are to 
be used at the request of, and at the expense of, a licensed 
broadcast organization or an organization exempt from taxation 
under section 501(c)(3) of the Internal Revenue Code of 1954.

                              J. RULE XLI

                  political fund activity; definitions

    1. No officer or employee of the Senate may receive, 
solicit, be a custodian of, or distribute any funds in 
connection with any campaign for the nomination for election, 
or the election, of any individual to be a Member of the Senate 
or to any other Federal office. This prohibition does not apply 
to three assistants to a Senator, at least one of whom is in 
Washington, District of Columbia, who have been designated by 
that Senator to perform any of the functions described in the 
first sentence of this paragraph and who are compensated at an 
annual rate in excess of $10,000 if such designation has been 
made in writing and filed with the Secretary of the Senate and 
if each such assistant files a financial statement in the form 
provided under rule XXXIV for each year during which he is 
designated under this rule. The Majority Leader and the 
Minority Leader may each designate an employee of their 
respective leadership office staff as one of the 3 designees 
referred to in the second sentence. The Secretary of the Senate 
shall make the designation available for public inspection.
    2. For purposes of the Senate Code of Official Conduct--
          (a) an employee of the Senate includes any employee 
        whose salary is disbursed by the Secretary of the 
        Senate; and
          (b) the compensation of an officer or employee of the 
        Senate who is a reemployed annuitant shall include 
        amounts received by such officer or employee as an 
        annuity, and such amounts shall be treated as disbursed 
        by the Secretary of the Senate.
    3. Before approving the utilization by any committee of the 
Senate of the services of an officer or employee of the 
Government in accordance with paragraph 4 of rule XXXVII or 
with an authorization provided by Senate resolution, the 
Committee on Rules and Administration shall require such 
officer or employee to agree in writing to comply with the 
Senate Code of Official Conduct in the same manner and to the 
same extent as an employee of the Senate. Any such officer or 
employee shall, for purposes of such Code, be treated as an 
employee of the Senate receiving compensation disbursed by the 
Secretary of the Senate in an amount equal to the amount of 
compensation he is receiving as an officer or employee of the 
Government.
    4. No Member, officer, or employee of the Senate shall 
utilize the full-time services of an individual for more than 
ninety days in a calendar year in the conduct of official 
duties of any committee or office of the Senate (including a 
Member's office) unless such individual--
          (a) is an officer or employee of the Senate,
          (b) is an officer or employee of the Government 
        (other than the Senate), or
          (c) agrees in writing to comply with the Senate Code 
        of Official Conduct in the same manner and to the same 
        extent as an employee of the Senate.
    Any individual to whom subparagraph (c) applies shall, for 
purposes of such Code, be treated as an employee of the Senate 
receiving compensation disbursed by the Secretary of the Senate 
in an amount equal to the amount of compensation which such 
individual is receiving from any source for performing such 
services.
    5. In exceptional circumstances for good cause shown, the 
Select Committee on Ethics may waive the applicability of any 
provision of the Senate Code of Official Conduct to an employee 
hired on a per diem basis.
    6. (a) The supervisor of an individual who performs 
services for any Member, committee, or office of the Senate for 
a period in excess of four weeks and who receives compensation 
therefor from any source other than the United States 
Government shall report to the Select Committee on Ethics with 
respect to the utilization of the services of such individual.
    (b) A report under subparagraph (a) shall be made with 
respect to an individual--
          (1) when such individual begins performing services 
        described in such subparagraph;
          (2) at the close of each calendar quarter while such 
        individual is performing such services; and
          (3) when such individual ceases to perform such 
        services.
Each such report shall include the identity of the source of 
the compensation received by such individual and the amount or 
rate of compensation paid by such source.
    (c) No report shall be required under subparagraph (a) with 
respect to an individual who normally performs services for a 
Member, committee, or office for less than eight hours a week.
    (d) For purposes of this paragraph, the supervisor of an 
individual shall be determined under paragraph 11 of Rule 
XXXVII.

                             K. RULE XLIII

                     representation by members \8\

    1. In responding to petitions for assistance, a member of 
the Senate, acting directly or through employees, has the right 
to assist petitioners before executive and independent 
government officials and agencies.
---------------------------------------------------------------------------
    \8\ Rule established by S. Res. 273, 102-2, July 2, 1992.
---------------------------------------------------------------------------
    2. At the request of a petitioner, a Member of the Senate, 
or a Senate employee, may communicate with an executive or 
independent government official or agency on any matter to--
          (a) request information or a status report;
          (b) urge prompt consideration;
          (c) arrange for interviews or appointments;
          (d) express judgment;
          (e) call for reconsideration of an administrative 
        response which the Member believes is not reasonably 
        supported by statutes, regulations or considerations of 
        equity or public policy; or
          (f) perform any other service of a similar nature 
        consistent with the provisions of this rule.
    3. The decision to provide assistance to petitioners may 
not be made on the basis of contributions or services, or 
promises of contributions or services, to the Member's 
political campaigns or to other organizations in which the 
Member has a political, personal, or financial interest.
    4. A Member shall make a reasonable effort to assure that 
representations made in the Member's name by any Senate 
employee are accurate and conform to the Member's instructions 
and to this rule.
    5. Nothing in this rule shall be construed to limit the 
authority of Members, and Senate employees, to perform 
legislative, including committee, responsibilities.

    L. SENATE RESOLUTION 28, TAPE DUPLICATION OF SENATE PROCEEDINGS

                      to improve senate procedures

          * * * * * * *
    Sec. 6. (a) The use of any tape duplication of radio or 
television coverage of the proceedings of the Senate for 
political campaign purposes is strictly prohibited.
    (b)(1) Except as provided in paragraph (2), any tape 
duplication of radio or television coverage of the proceedings 
of the Senate furnished to any person or organization shall be 
made on the condition, agreed to in writing, that the tape 
duplication shall not be used for political campaign purposes.
    (2) Any public or commercial news organization furnished a 
tape duplication described in paragraph (1) shall be subject to 
the provisions of paragraph (1) but shall not be required to 
enter into a written agreement.
          * * * * * * *
=======================================================================


                                PART III

STATE ELECTION LAWS RELATING TO CANDIDATES FOR THE UNITED STATES SENATE

=======================================================================

      
                                Alabama

Unless otherwise designated, references are to the Code of Alabama 1975 
 Annotated, and to the 1996 Cumulative Supplement and the 1997 interim 
                              supplement.

Primary Elections, when held (by parties polling over 20 
        percent of State vote) (optional) (Sec. Sec. 17-16-1, 
        17-16-2, 17-16-5).
          If held, primary election shall be held on the first 
        Tuesday in June (June 2, 1998). If no candidate has 
        majority, second primary shall be held on the last 
        Tuesday in June (Sec. 17-16-6). (June 30, 1998).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Declaration of candidacy.--File with chairman of 
        State executive committee not later than 5 p.m. on 60th 
        day before primary (Sec. 17-16-11) (April 3, 1998).
          Convention, caucus, or mass meeting, certificate of 
        nominations.--File with Secretary of State on or before 
        5 p.m. 6 days after the second primary election 
        (Sec. 17-7-1(a)(2)).
          Independent candidate
          Candidate petition.--Petition bearing signatures of 
        three percent of the qualified electors who voted in 
        the last gubernatorial general election in the State 
        must be filed with Secretary of State on or before 5 
        p.m. 6 days after the second primary election (Sec. 17-
        7-1(a)(3)).
Filing Fees and Assessments.
          May be assessed by parties on candidates able to pay.
          Amount.--Not to exceed 2 percent of one year's salary 
        of the office sought.
          Date of payment.--Apparently as set by party.
          To whom paid.--Apparently as set by party (Sec. 17-
        16-15).
Crossfiling by Candidates.
          Prohibited. Candidate must pledge to support party 
        (Sec. Sec. 17-16-12, 17-16-14, 17-16-18).
Subversive Parties Barred from Ballot.
          No provisions were found.
Write-in Provisions.
          Permitted in general election (Sec. 17-8-20); on 
        voting machines in general elections (Sec. 17-9-7(6)).
Vacancy in Office.
          The Governor may make temporary appointment of a 
        Senator in the Senate of the Congress of the United 
        States from Alabama, whenever a vacancy exists in that 
        office, the appointee to hold office until his 
        successor is elected and qualified (Sec. 36-9-7).
          Whenever a vacancy occurs in the office of Senator of 
        and from the State of Alabama in the Senate of the 
        United States more than 4 months before a general 
        election, the Governor of Alabama shall forthwith order 
        an election to be held by the qualified electors of the 
        State to elect a Senator of and from the State of 
        Alabama to the United States Senate for the unexpired 
        term. If the vacancy occurs within 4 months of but more 
        than 60 days before a general election, the vacancy 
        shall be filled at that election. If the vacancy occurs 
        within 60 days before a general election, the Governor 
        shall order a special election to be held on the first 
        Tuesday after the lapse of 60 days from and after the 
        day on which the vacancy is known to the Governor, and 
        the Senator elected at such special election shall hold 
        office for the unexpired term (Sec. 36-9-8).
          The Governor must give notice of a special election 
        to elect a Senator for an unexpired term in the same 
        manner and for the same time as is prescribed for 
        special elections to fill a vacancy in the office of 
        Members of the House of Representatives (Sec. 36-9-9), 
        i.e., by proclamation (Sec. 17-18-4). For special 
        election procedures, see Sec. Sec. 17-18-1--17-18-7.

                                 Alaska

  Unless otherwise indicated, references are to Alaska Statutes, 1996 
                    main volume and 1997 Supplement.

Primary Elections, when held.
          Fourth Tuesday in August in every even-numbered year 
        (Sec. 15.25.020). (August 25, 1998).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Declaration of candidacy.--Candidate should file on 
        or before June 1, prior to the primary. File with 
        director of elections or an election supervisor 
        (Sec. Sec. 15.25.030, 15.25.040 (a), (c)). The 
        declaration is filed by either--
                  (1) the actual physical delivery of the 
                declaration by mail or in person at or before 5 
                p.m., prevailing time, June 1 of the year in 
                which a general election is held for the 
                office, or
                  (2) the actual physical delivery by telegram 
                of a copy in substance for specified parts of 
                the statement at or before 5 p.m., prevailing 
                time, June 1 of the year in which a general 
                election is held for the office and also the 
                actual physical delivery of the entire 
                declaration by registered mail which is 
                received not more than 15 days after that time 
                (Sec. 15.25.040(a)).
          Independent candidates
          ``No-party candidates''--Petition signed by not less 
        than one percent of the number of voters who cast 
        ballots in the preceding general election, should be 
        filed with director of elections on or before 5 p.m. on 
        June 1 in election year (Sec. Sec. 15.25.140-
        15.25.205).
Filing Fees and Assessments--Primary Candidates 
        (Sec. Sec. 15.25.050).
          Amount.--$100.
          Date of payment.--At a time of filing declaration of 
        candidacy.
          To whom paid.--Director of Elections.
Crossfiling by candidates.
          Declaration of candidacy must state that the 
        candidate is not a candidate for any other office to be 
        voted on at the primary or general election and that he 
        has not filed another declaration of candidacy or 
        nominating petition for the office for which this 
        declaration is filed (Sec. 15.25.030(14)).
Subversive Parties Barred from Ballot.
          No specific provisions, but persons advocating 
        forceful overthrow of government, or members of parties 
        advocating such, are not qualified for public office 
        (Const. of Alaska, Art. XII, Sec. 4).
Write-in Provisions.
          Prohibited in primary (Sec. Sec. 15.25.060, 
        15.25.070); permitted in general election 
        (Sec. 15.15.030(5)). Stickers bearing a candidate's 
        name may be affixed to the ballot in lieu of writing in 
        a candidate's name where write-ins permitted 
        (Sec. 15.15.360(10)).
Vacancy in Office.
          When a vacancy occurs in the office of a United 
        States Senator, the Governor, within 30 days, shall 
        appoint a qualified person to fill the vacancy. 
        However, if the remainder of the term of the 
        predecessor in the office will expire or if the vacancy 
        will be filled by a special election before the Senate 
        will next meet, convene, or reconvene, the Governor 
        shall not fill the vacancy (Sec. 15.40.010).
          If the vacancy is for an unexpired term of two years 
        plus five full calendar months or less, the appointment 
        shall be for the remainder of the unexpired term 
        (Sec. 15.40.030). If the vacancy is for an unexpired 
        term of more than 2 years plus 5 full calendar months, 
        the Governor shall call a special election by 
        proclamation and the appointment shall expire on the 
        date the United States Senate first meets, convenes, or 
        reconvenes, following the certification of the results 
        of the special election by the director of elections 
        (Sec. 15.40.040).
          The special election to fill the vacancy shall be 
        held on the date of the first general election which is 
        held more than 3 full calendar months after the vacancy 
        occurs (Sec. 15.40.050).
          The Governor shall issue the proclamation calling the 
        special election at least 80 days before the election 
        (Sec. 15.40.060).
          At the special election a United States Senator shall 
        be elected to fill the remainder of the unexpired term 
        (Sec. 15.40.070).
          If the vacancy occurs 1 calendar month or more before 
        the filing date for the primary election, candidates 
        for the special election shall be nominated in the same 
        manner as candidates for general elections 
        (Sec. 15.40.080). If the vacancy occurs less than one 
        calendar month before the filing date for the primary 
        and more than 3 calendar months before the next general 
        election, candidates shall be nominated by petition 
        delivered to the director of elections before September 
        2 immediately preceding the special election 
        (Sec. 15.40.090).
          Nominees of political parties to be designated by 
        special petition may be selected by the State 
        convention or by another manner as prescribed by the 
        party by-laws (Sec. 15.40.120). Petitions for 
        nomination of independent candidates shall be signed by 
        at least one percent of the number of voters who cast 
        ballots in the preceding general election 
        (Sec. 15.40.100).

                                Arizona

  Unless otherwise designated, references are to the Arizona Revised 
   Statutes Annotated (1996) and to the 1997 Cumulative Pocket Part.

Primary Elections, when held.
          Eighth Tuesday prior to general election (Sec. 16-
        201). (September 8, 1998).
Nominating Papers, Petitions, Etc.
          Representation on ballot.--A political organization 
        which at the last preceding general election cast for 
        Governor or presidential electors or for county 
        attorney or for mayor, whichever applies, not less than 
        5 percent of the total votes cast for Governor or 
        presidential elector, in the State or in the county, 
        city or town; or, alternatively, a political 
        organization which has registered voters equal to two-
        thirds of 1 one percent of the total registered 
        electors in a jurisdiction, is entitled to 
        representation on the official ballot (Sec. 16-804).
          Party candidate for primary
          Nominating petition and nomination papers.--File with 
        Secretary of State not more than 105 days before (May 
        26, 1998) or later than 5 p.m. on the 75th day before 
        (June 25, 1998) the primary election (Sec. 16-311). 
        Petition must be signed by qualified electors qualified 
        to vote for the candidate equal to at least one-half of 
        1 percent of the voter registration of the party of the 
        Candidate in at least three counties in the State, but 
        not less than one-half of 1 percent nor more than 10 
        percent of the total voter registration of his party in 
        the State (Sec. 16-322).
          Independent candidates
          Certification of nomination for candidates nominated 
        otherwise than by primary.--Signatures required, equal 
        in number to three percent of qualified electors in the 
        State who are not members of a political party 
        qualified for a ballot position in primary and general 
        election and who did not sign a nominating petition for 
        party primary candidate. File with Secretary of State 
        not more than 105 days before or later than 5 p.m. on 
        the 75th day before the primary election (Sec. 16-341).
          The Supreme Court, in the case of Kromko v. State 
        (App. 1982) 132 Ariz. 161, 644 P.2d 897, held that 
        Sec. 16-341(C) is unconstitutional only to the extent 
        that it prevents voters whose primary ballot did not 
        give them an opportunity to vote for a particular 
        office from signing a candidate's nominating petition 
        for that office after the primary.
          New party.--To be recognized in the primary and 
        general election, a new political party must file a 
        petition signed by qualified electors numbering no less 
        than one and one-third percent of the votes cast for 
        Governor or presidential elector in the last preceding 
        election (Sec. 16-801). File with Secretary of State 
        not less than 75 nor more than 105 days prior to 
        primary election (Sec. Sec. 16-801, 16-803).
          The signatures on the petition shall be verified by 
        the county recorder of each county; the petition shall 
        not be submitted for verification to such county 
        recorder later than 115 days prior to the primary 
        election (May 16, 1998) (Sec. Sec. 16-801, 16-803). The 
        petition shall be verified by the affidavit of ten 
        qualified electors of the State, asking that the 
        signers thereof be recognized as a new political party; 
        the status as qualified electors of the signers of the 
        affidavit shall be certified by the county recorder of 
        the state in which they reside (Sec. 16-801).
          Write-in candidate
          Nomination papers.--File with Secretary of State no 
        later than 5 p.m. on the 14th day prior to the election 
        (Sec. 16-312).
Filing Fees and Assessments.--Prohibited (Const., Art. 7, 
        Sec. 14)
Crossfiling by Candidates.
          Prohibited.--Candidate must be a member of party 
        whose nomination he seeks (Sec. Sec. 16-311(A), 16-
        314). If a person is nominated on more than one ticket 
        he must choose one (Sec. 16-467).
          A candidate defeated in the primary is prohibited 
        from seeking nomination as a write-in candidate 
        (Sec. 16-312).

Subversive Parties Barred from Ballot.
          Communist Party.--Sec. Sec. 16-805, 16-806; but see 
        Blawis v. Bolin, 358 F. Supp. 349 (D. Ariz. 1973), 
        where provisions of the (Federal) Communist Control 
        Act, 50 U.S.C. Sec. Sec. 841-842 and former 
        Sec. Sec. 16-205, 16-206. Ariz. Rev. Stats. (comparable 
        to present Sec. Sec. 16-805, 16-806), which 
        specifically disenfranchised the Communist Party U.S.A. 
        and its affiliates were held unconstitutional as bills 
        of attainder that denied party members due process and 
        equal protection of law.
          Advocating overthrow of Government by force.--
        Sec. 16-806.
Write-in Provisions.
          Allowed in primary (Sec. 16-462); general election 
        (Sec. 16-502), on voting machines (Sec. 16-424); on 
        electronic voting systems (Sec. Sec. 16-446, 16-448).
          In order to be nominated by a write-in vote at a 
        primary election, a write-in candidate must receive a 
        number of votes equivalent to the number of signatures 
        required on the nomination papers of a party candidate 
        for the primary (Sec. 16-645).
Vacancy in Office.
          When a vacancy occurs in the office of United States 
        Senator by reason of death or resignation, or from any 
        other cause, the vacancy shall be filled at the next 
        general election. At such election the person elected 
        shall fill the unexpired term of the vacated office. In 
        the interim, the governor shall appoint a person to 
        fill the vacancy. That appointee shall be of the same 
        political party as the person vacating the office and 
        shall serve until the person elected at the next 
        general election is qualified and assumes office 
        (Sec. 16-222).

                                Arkansas

 Unless otherwise designated, references are to Arkansas Code of 1987 
      Annotated (1993 Replacement volume) and the 1997 Supplement.

Primary Elections, when held.
          Preferential primary.--On the Tuesday 3 weeks prior 
        to the general primary (Sec. 7-7-203). If at such 
        preferential primary a candidate receives a majority of 
        the votes cast for the office, such person shall be 
        declared the party nominee, and it shall not be 
        necessary for his name to appear on the general primary 
        ballot (Sec. Sec. 7-7-203, 7-7-304). In 1998, the 
        preferential primary date has been set for May 19, 
        1998.
          General primary (runoff).--Second Tuesday in June 
        preceding general election (Sec. 7-7-203). In 1998, the 
        runoff primary has been set for June 9, 1998. If no 
        candidate receives a majority of votes cast for that 
        office at the preferential primary election, the names 
        of the two candidates who received the highest number 
        of votes shall be printed on the ballot at the general 
        primary election (Sec. Sec. 7-7-202, 7-7-304).
Nominating Papers, Petitions, Etc.
          Party pledge.--Not earlier than noon of the 3rd 
        Tuesday in March (March 17, 1998) or later than noon on 
        the 14th day thereafter (March 31, 1998); candidate to 
        file with secretary of State party committee (Sec. 7-7-
        203).
          Political practice pledge.--File pledge with 
        secretary of state party committee no earlier than noon 
        of the 3rd Tuesday in March or later than noon on the 
        14th day thereafter (Sec. 7-7-203(c)).
Certification of nomination.
          Party candidate for primary.--No later than forty 
        (40) days before the preferential primary election 
        (April 9, 1998), the chairman and secretary of State 
        committee of the political party shall certify to the 
        various county committees and the various county boards 
        of election commissioners the names of all candidates 
        who have qualified with the state committee for 
        election by filing the party pledge and paying the 
        ballot fee within the time required by law (Sec. 7-7-
        203(d)).
          New party.--Any group desiring to form a new 
        political party may file with the Secretary of State a 
        petition signed by qualified electors equal in number 
        to at least 3 percent of the total number of votes cast 
        for Governor or presidential electors, whichever is 
        less, at the last election. The petition shall be filed 
        no later than the 1st Monday in May before the general 
        election and shall be circulated during the period 
        beginning 150 days prior to the filing deadline. Upon 
        certification of sufficiency and declaration of the new 
        party by the Secretary of State, the new party may 
        nominate candidates by convention for the first 
        election after certification. If it maintains party 
        status by obtaining 3 percent of the total vote cast 
        for Governor or presidential electors at the first 
        election after certification, then the new party shall 
        nominate candidates in a party primary (Sec. 7-7-301).
          Independent candidate.--File with Secretary of State, 
        by time required for filing political practice pledges 
        and party pledges, a request that name be placed on 
        general election ballot, together with petitions, 
        signed by not less than 3 percent of the qualified 
        electors of the State or 10,000, whichever is less 
        (Sec. Sec. 7-7-103(b)(2), 7-7-401).
          Write-in candidate.--No votes for write-in candidates 
        in general elections shall be counted or tabulated 
        unless the candidate or his agent shall notify in 
        writing the county board of election commissioners and 
        the Secretary of State of his intention to be a write-
        in candidate not later than sixty (60) days before 
        election day (Sept. 4, 1998) (Sec. 7-5-205).
Filing Fees and Assessments.
          Amount.--As established by the state executive 
        committee for the political party (Sec. 7-7-301).
          Date of payment.--By party candidates, no earlier 
        than noon of the 3rd Tuesday in March and no later than 
        noon on the fourteenth day thereafter before the 
        primary election (Sec. Sec. 7-7-203(c), 7-7-301(a)).
          To whom paid.--The secretary of the state committee 
        of the political party or his designated agent (Sec. 7-
        7-301(a)(1)).
Crossfiling by Candidates.
          Prohibited.--Candidates required to file any pledge 
        to support party which may be required by the party 
        (Sec. 7-7-301). Person defeated at the primary shall 
        not be permitted to file as an independent candidate 
        for the same office at the general election (Sec. 7-7-
        103(e)).
Subversive Parties Barred from Ballot.
          Communist Party (Sec. 7-3-108).
          Advocating a program of sabotage, force and violence, 
        sedition, or treason against the Government (Sec. 7-3-
        108).
Write-in Provision.
          Permitted in general election if candidate or his 
        agent notifies the county board of election 
        commissioners and the Secretary of State in writing not 
        later than 60 days prior to election, of his intention 
        to be a write-in candidate (Sec. Sec. 7-5-205, 7-5-
        208(f)(3)); on voting machines (Sec. 7-5-525); where 
        electronic voting systems are used (Sec. 7-5-610).
Vacancy in Office.
          A vacancy in the United States Senate from Arkansas 
        shall be filled by the governor by temporary 
        appointment until the people fill the vacancy at the 
        next ensuing general election for state and county 
        officers to be held more than 60 days and less than 12 
        months after such vacancy shall occur; provided that if 
        no general election for state and county officers shall 
        occur within 12 months after such vacancy, the governor 
        shall call a special election to be held not less than 
        60 days and not more than 120 days after the vacancy 
        shall occur (Sec. 7-8-102).

                               California

Unless otherwise indicated, references are to the California Elections 
  Code Annotated (1996), the 1997 Cumulative Docket Part and the 1997 
                    California Legislative Service.

Primary Elections, when held.
          The statewide primary will be held on the 1st Tuesday 
        after the 1st Monday in June (Sec. 1201(b)) (June 2, 
        1998).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Declaration of candidacy.--No candidate's name may be 
        printed on the ballot to be used at a direct primary 
        unless nomination documents are filed not later than 5 
        p.m. on the 88th day before nor earlier than the 113th 
        day before the direct primary. Last day for filing is 
        March 6, 1998 (Sec. 8020). Include with declaration 
        nomination papers signed by not less than 65 nor more 
        than 100 qualified party voters (Sec. Sec. 8041, 8062). 
        All nomination documents must be filed in the office of 
        the Secretary of State (Sec. 8100) and also, 
        apparently, with the county election officials 
        (Sec. 8020).
          Independent candidate (Sec. Sec. 8003, 8300-8550).
          Declaration of candidacy.--88 days before election, 
        candidate must leave a declaration of candidacy in same 
        office as nomination papers (Sec. 8550).
          Nomination papers.--Signatures are required equal in 
        number to not less than 1 percent of the entire number 
        of registered voters at the preceding general election 
        (Sec. 8400). Leave with county elections official for 
        examination not earlier than 148 nor later than 5 p.m. 
        88 days before general election; county official must 
        forward to the Secretary of State within 24 days 
        (Sec. 8403).
Filing Fees and Assessments.
          Amount.--Two percent of first year's salary 
        (Sec. 8103(a)(1)).
          Date of payment.--When declarations are filed 
        (Sec. 8105).
          To whom paid.--The county elections official; the 
        county official transmits the fee to the Secretary of 
        State (Sec. 8105).
          Alternatively, file petition signed by 10,000 
        registered voters with clerk from whom nomination 
        papers were obtained, at least 15 days prior to the 
        close of the nomination period (Sec. 8106).
Crossfiling.
          Prohibited.--Candidate must have been affiliated with 
        party whose nomination he seeks for at least 3 months 
        immediately prior to filing of declaration of 
        candidacy, as shown by his affidavit of registration, 
        and must not have registered affiliation with any other 
        party within 12 months immediately prior to filing 
        (Sec. 8001). A candidate of a party who was defeated at 
        the primary is ineligible for nomination as an 
        independent candidate (Sec. 8003(a)). No person may 
        file nomination papers for a party nomination and an 
        independent nomination for the same office, or for more 
        than one office at the same election (Sec. 8003(b)).
Subversive Parties Barred from Ballot.
          Parties advocating overthrow of Government by force 
        or advocating a program of sabotage, force and 
        violence, sedition or treason against the Government 
        disqualified from participating in primary (Sec. 5102).
Write-in Provisions.
          Permitted in all elections (Sec. Sec. 15350, 15351, 
        15352), on voting machines (Sec. 19304), on punchcard 
        voting system, (Sec. 13262). The use of pressure-
        sensitive stickers or other methods than handwriting is 
        invalid (Sec. 15353). Write-in candidate must comply 
        with filing requirements according to Sec. Sec. 15350, 
        8600-8605.
Vacancy in Office.
          If a vacancy occurs in the representation of this 
        State in the Senate of the United States, the Governor 
        may appoint and commission an elector of this State, 
        who possesses the qualifications for the office, to 
        fill the vacancy until his successor is elected and 
        qualifies and is admitted to his seat by the United 
        States Senate. However, whenever a vacancy occurs 
        within term fixed by law to expire on the third day of 
        January following the next general election, the person 
        so appointed shall hold office for the remainder of the 
        unexpired term unless such vacancy is filled at a 
        special election held prior to such general election, 
        in which case the person elected at such special 
        election shall hold office for the remainder of the 
        unexpired term. An election to fill a vacancy in the 
        term of a United States Senator shall be held at the 
        general election next succeeding the occurrence of the 
        vacancy or at any special election (Sec. 10720).
          The special election shall be proclaimed within 14 
        calendar days after the occurrence of the vacancy 
        (Sec. 10700).
          When the vacancy occurs in a congressional office 
        after the close of the nomination period in the final 
        year of the term of office, the Governor may decline to 
        issue an election proclamation at his discretion 
        (Sec. 10701).

                                Colorado

 Unless otherwise designated, references are to 1997 Colorado Revised 
                          Statutes Annotated.

Primary Elections, when held.
          Second Tuesday in August in each even-numbered year 
        (Sec. Sec. 1-1-104(32), 1-4-101). (August 11, 1998).
Nominating Papers, Petitions, Etc.
          Party Candidate for primary
          Certificate of designation for candidates selected by 
        assembly of political party.--All candidates who 
        receive thirty percent or more of the votes of the 
        delegates to such assembly, shall be certified by the 
        presiding officer and secretary of such assembly, for a 
        place on the direct primary ballot. No more than two 
        ballots are to be taken by the assembly upon candidates 
        for each office. If on the second ballot, no candidate 
        receives 30 percent or more of the votes, the two 
        candidates receiving the highest number of votes shall 
        be certified as candidates. Certificate of designation 
        must certify that the candidate has been a member of 
        said political party for period of time required by 
        party rule or by law if there is no party rule. If two 
        or more candidates receive equal number of votes, the 
        order of certification of designation shall be 
        determined by lot by such candidates (Sec. 1-4-601).
          A party assembly shall be held no later than 65 days 
        preceding the primary election (by June 7, 1998) 
        (Sec. 1-4-601).
          File certificate of designation in the office of the 
        Secretary of State within 10 days after the adjournment 
        of the assembly (by June 17, 1998) (Sec. 1-4-604).
          Acceptance of nomination by candidate designated by 
        party assemblies must be filed in writing with the 
        Secretary of State within 10 days after the adjournment 
        of the assembly (Sec. 1-4-601(3)).
          Petition.--A candidate may be placed on the direct 
        primary ballot by a petition signed by eligible 
        electors in a number equal to at least two percent of 
        the votes cast in the congressional district at the 
        previous general election for the party's candidate for 
        U.S. Senator (Sec. Sec. 1-4-603, 1-4-801(2)(c)).
          No person who attempted and failed to receive at 
        least ten percent of the votes for the nomination of a 
        political party assembly for a particular office shall 
        be placed in nomination by petition on behalf of the 
        political party for the same office (Sec. 1-4-801(4)). 
        Petitions shall not be circulated before the 1st Monday 
        in April (Sec. 1-4-801(5)). Petitions shall be filed no 
        later than the 66th day before the primary election 
        (June 6, 1998) (Sec. 1-4-801(5)).
          Independent candidate
          Certificate of nomination.--Signatures of eligible 
        voters, equal in number to the lesser of 1000 or two 
        percent of the votes cast for the office of Senator in 
        the most recent general election, are required. File 
        with Secretary of State not later than 3 p.m. on the 
        28th day preceding the primary election (Sec. 1-4-
        802(c), (f)).
          Filing Fees and Assessments.--No statutory provision.
Crossfiling by Candidates.
          Prohibited. Candidate must have been affiliated with 
        party whose nomination he seeks for at least twelve 
        months prior to nomination (Sec. Sec. 1-4-601(4), 1-4-
        801(3)).
Write-in Provisions.
          Permitted in primary and in general election 
        (Sec. Sec. 1-4-1101, 1-5-407(3)); on voting machines 
        (Sec. 1-5-405(2)); on electronic voting ballots 
        (Sec. 1-5-408(2)).
          A write-in candidate for any election must file an 
        affidavit of intent with the Secretary of State by the 
        close of business on the 30th day before the election, 
        and no write-in vote shall be counted unless the 
        candidate for whom the vote was cast has filed such 
        affidavit of intent (Sec. Sec. 1-4-1101, 1-4-1102).
Vacancy in Office.
          (1) Whenever a vacancy happens in the office of 
        United States Senator from this State, the Governor 
        shall make a temporary appointment to fill such vacancy 
        until the same is filled by election.
          (2) When a vacancy happens, the Governor shall direct 
        the Secretary of State to include in the general 
        election notice for the next general election a notice 
        of the filling of such vacancy. The Secretary of State 
        shall give notice accordingly. At such election the 
        vacancy shall be filled for the unexpired term. If for 
        any reason, no United States Senator is elected at the 
        next general election, the person temporarily appointed 
        by the Governor shall hold the office until a United 
        States Senator is elected at a succeeding general 
        election (Sec. 1-12-201).

                              Connecticut

  Unless otherwise designated, references are to Connecticut General 
Statutes Annotated (1989), the 1997 Cumulative Annual Pocket Part, and 
               the 1997 Connecticut Legislative Service.

Primary Elections, when held.
          Must be held by parties whose gubernatorial candidate 
        polled at least 20 percent of total vote for all 
        candidates for Governor or which had, at the last 
        preceding gubernatorial election, a number of enrolled 
        members on the active registry list equal to 20 percent 
        of the total number of enrolled members of all 
        political parties on the active registry list in the 
        state (Sec. Sec. 9-381, 9-372(5) as amended by Public 
        Act 97-154, Sec. 25). May be held by minor parties if 
        party rules so provide (Sec. 9-451).
          If, at a state convention, no person other than a 
        party-endorsed candidate has received at least 15 
        percent of the votes of the delegates or if within the 
        time specified, no candidacy for nomination by a 
        political party to the office has been filed by or on 
        behalf of a person other than a party-endorsed 
        candidate, no primary shall be held by the party for 
        the office and the party-endorsed candidate for the 
        office shall be deemed to have been lawfully chosen as 
        the nominee of the party for the office (Sec. 9-416).
          Primary Date.--Fifty-sixth day preceding day of 
        election (Sec. 9-423) (September 8, 1998).
Nominating Papers, Petitions, Etc.
          Party candidate for primary, if held
          Party-endorsed candidate.--State convention shall 
        choose candidate according to party rules (Sec. 9-382). 
        Such convention shall be convened not earlier than the 
        68th day and closed not later than the 50th day 
        preceding the primary election (July 2, 1998, and July 
        20, 1998, respectively). Filing deadline is the 
        fourteenth day after the State convention (Sec. 9-400).
          Certificate of endorsement
          Whenever a convention of a political party is held 
        for the endorsement of candidates for nomination to 
        state or district office, each candidate endorsed at 
        such convention shall file with the secretary of the 
        state a certificate, signed by him, stating that he was 
        endorsed by such convention, his name and full 
        residence address, and the title and district, if 
        applicable, of the office for which he was endorsed. 
        Such certificate shall be attested by either (1) the 
        chairman or presiding officer or (2) the secretary of 
        such convention and shall be received by the secretary 
        of the state not later than 4 p.m. on the 14th day 
        after the close of such convention (Sec. Sec. 9-388, 9-
        400).
          Candidates of minor parties
          Parties whose candidate for this office at the last 
        general election for such office received at least 1 
        percent of total vote for all candidates for such 
        office may nominate candidate in accordance with their 
        party rules which were filed with the Secretary of 
        State at least 60 days in advance of such nomination. 
        Presiding officer of nominating body shall certify 
        candidate to Secretary of State not less than 55 days 
        before election (Sec. Sec. 9-372(6) as amended by 
        Public Act 97-154, Sec. 25; 9-374; 9-451; 9-452).
          Nominating petition--Signatures of qualified voters 
        are required, equal in number to the lesser of 1 
        percent of all votes cast for the same office at last 
        general election for such office or 7,500. File with 
        the town clerk of the town in which the signers reside 
        or with the secretary of state not later than 4 p.m. of 
        the 34th day prior to the primary election 
        (Sec. Sec. 9-453a--9-453t). No party designation may be 
        specified in the petition unless such designation has 
        been reserved in accordance with Sec. 9-453u or unless 
        the designation is the same name as a minor party 
        entitled to nominate candidates for a different office 
        or offices on the same ballot.
Filing Fees and Assessments
          No statutory provisions were found.
Crossfiling by Candidates
          Candidates who are nominated by a major or minor 
        party are prohibited from appearing on the ballot by a 
        nominating petition (Sec. 9-453t). And being a 
        candidate in any other political party or organization 
        is prima facie evidence of party disaffiliation 
        (Sec. 9-61 as amended by Public Act 97-154, Sec. 10).
Communist Party Barred From Ballot. (Op. Atty. Gen. (June 17, 
        1964), 25 Conn. L.J. No. 32, p. 17).
Write-in Provisions.
          Apparently permitted in any election upon 
        registration of candidacy with the Secretary of State 
        not earlier than 90 days before the election and not 
        later than 4 p.m. on the 14th day before the election 
        (Sec. 9-373a); on voting machines (Sec. 9-265).
Vacancy in Office.
          In case of a vacancy in the office of Senator in 
        Congress, the Governor is empowered to fill such 
        vacancy by appointment. If such vacancy occurs 60 or 
        more days prior to a state election, the appointee 
        shall serve until the third day of January following 
        such election, and at such election there shall be 
        elected a Senator in Congress to serve for the 
        remaining portion, if any, of the term vacated. If such 
        vacancy occurs within less than 60 days of a state 
        election and the term vacated does not expire on the 
        third day of January following such election, the 
        appointee shall serve until the third day of January 
        following the next such election but one, and at such 
        next election but one there shall be elected a Senator 
        in Congress to serve for the remaining portion, if any, 
        of the term vacated. If such vacancy occurs within less 
        than 60 days of a state election and the term vacated 
        expires on the third day of January following, the 
        appointee shall serve until such third day of January 
        (Sec. 9-211).

                                Delaware

Unless otherwise indicated, references are to Title 15 of the Delaware 
Code Annotated 1993 Replacement Volume and the 1996 Supplement and 1997 
                      Advance Legislative Service.

          The State of Delaware will not be holding senatorial 
        elections in 1998. The following statutory provisions 
        are listed for future references.
          
Primary Elections, when held.
          First Saturday next following the first Monday in 
        September (Sec. 3101(3)).
Nominating Papers, Petitions, Etc.
          Party candidates.--Notify Chairman of State political 
        party committee on or before 12 p.m. of the last Friday 
        in July (Sec. Sec. 3106(a)(1), 3101(1)).
          Independent candidates.--Filing deadline for ballot 
        access is September 1 of the election year (Sec. 3002). 
        Must file a sworn declaration of candidacy with the 
        State Election Commissioner. Must also file nominating 
        petitions signed by not less than 1 percent of the 
        total number of voters registered as of December 31 of 
        the year immediately preceding the general election 
        year in the State (Sec. 3002(b)).
Filing Fees and Assessments.
          Filing fees required on giving notice of candidacy 
        (Sec. 3106(a)(1)(b)). The filing fee is to be set by 
        the State Executive Committee of the respective 
        political party (Sec. 3103(a)(1)); but in no event is 
        to exceed 1 percent of the total salary for the entire 
        term of office for which the candidate is filing 
        (Sec. 3103(b)).
Crossfiling by Candidates. Unaffiliated candidates must state 
        in their declarations of candidacy that they have not 
        been affiliated with any political party 3 months prior 
        to the filing of such declarations (Sec. 3002(b)).
Write-in Provisions.
          Permitted in general election (Sec. Sec. 4502, 4506, 
        4976); on voting machines (Sec. 5001(a)(3)); for 
        electronic voting systems (Sec. 5001A(a)(3). Apparently 
        permitted in the primaries (Sec. Sec. 3126, 4502, 4976, 
        5000A, 5001A(a)(3)).
Vacancy in Office.
          When a vacancy occurs in the office of the United 
        States Senate, it shall be filled for the unexpired 
        term at the next general election. The Governor may 
        make a temporary appointment from among the qualified 
        electors of the State until the vacancy is filled by 
        the next general election (Sec. 7321).

                                Florida

  Unless otherwise indicated, references are to the Florida Statutes 
     Annotated 1982 and to the 1998 Cumulative Annual Pocket Part.

Primary Elections, when held.
          First primary.--First primary shall be held on the 
        Tuesday 9 weeks prior to the general election 
        (Sec. 100.061) (September 1, 1998).
          Second primary.--To be held for nomination of 
        candidates for offices for which a candidate did not 
        receive a majority in the first primary. A second 
        primary shall be held 5 weeks prior to the general 
        election (Sec. 100.091, Supp). (September 28, 1998).
Nominating Papers, Petitions, Etc.
          Qualification papers, which include candidate's oath, 
        (Sec. 99.021), to be filed any time after noon of 120th 
        day but before noon of 116th day before the first 
        primary; file with Department of State (Sec. 99.061(1), 
        Supp.).
          Independent candidate.--Independent candidate's name 
        may appear on general election ballot provided he is 
        otherwise qualified and submits petitions to the 
        supervisor of elections in each county in which 
        petitions were circulated no later than noon of the 
        116th day prior to the first primary preceding the 
        general election, containing signatures of 3 percent of 
        the registered electors of Florida. Supervisors certify 
        to the Department of State within 30 days of the last 
        day for qualifying that the signers of the petitions 
        are registered electors of the county. On notice of 
        sufficient signatures from the Department of State, the 
        candidate shall qualify with the Department of State 
        and take the required oath. (Sec. 99.0955, Supp.).
          Minor party candidates.--Minor political party is any 
        group which on January 1 preceding a primary election 
        does not have registered as members 5 percent of the 
        total registered electors of the State 
        (Sec. 97.021(13), Supp.). Any group of citizens 
        organized for the general purposes of electing to 
        office qualified persons and determining public issues 
        under the democratic processes of the United States may 
        become a minority political party of the State by 
        filing with the Department of State a certification 
        showing the name of the organization, the names of its 
        current officers, including the members of its 
        executive committee, and a copy of its constitution or 
        bylaws. It shall be the duty of the party to notify the 
        Department of State of any changes in the filing 
        certificate within 5 days of such changes (ibid.). A 
        minor party may have names of its candidates for 
        offices which are elected on a statewide basis printed 
        on a general election ballot if a petition requesting 
        that the party be assigned a position on the general 
        election ballot is signed by 3 percent of the 
        registered electors of the State. (Sec. 99.096.)
Filing Fees and Assessments.
          Amount--filing fee. Three percent of annual salary 
        (Sec. 99.092(1), Supp.).
          Election assessment.--One percent of annual salary 
        (ibid.).
          Party assessment.--Two percent of annual salary 
        (ibid.).
          Date of payment.--Filing fee and party assessment 
        shall be paid when qualification papers are filed 
        (99.061(1), Supp.).
          To whom paid.--Department of State (ibid.).
          Note: Qualification fee paid by an independent 
        candidate or a minor party candidate shall be refunded 
        to such candidate within 10 days from the date the 
        determination is made that such candidate or party 
        failed to obtain the required number of signatures 
        (Sec. 99.061(1)).
          Alternative petition.--A person may qualify to have 
        his name on the ballot by a petitioning process and is 
        not required to pay the qualifying or party assessment. 
        (Sec. 99.095).
Crossfiling by Candidate.
          Prohibited. Candidate is required to take an oath and 
        state party membership and assert that he has not been 
        a candidate for nomination for any other party for a 
        period of 6 months preceding the general election for 
        which he qualified (Sec. 99.021). Candidate must also 
        state that he has not qualified for any other public 
        office in the State, the term of which office or any 
        part thereof runs concurrently to the office he seeks 
        (ibid.).
Subversive Parties Barred from Ballot.
          Communist Party.--Sec. Sec. 876.01, 876.02, 876.30, 
        Florida Statutes Annotated.
          Advocating overthrow of Government by force.--
        Sec. Sec. 876.01, 876.30, Florida Statutes Annotated.
Write-in Provisions.
          (Sec. 101.445 providing for write-in ballots).
          Ballot for primary (Sec. 101.181) does not appear to 
        provide space for write-in votes. But in general 
        election, the ballot form provides space for write in 
        votes (Sec. 101.191).
Vacancy in Office.
          If a vacancy happens in the representation of the 
        State in the United States Senate, the Governor shall 
        issue a writ of election to fill such vacancy at the 
        next general election; and the Governor may make a 
        temporary appointment until the vacancy is filled by 
        election (Sec. 100.161).

                                Georgia

    Unless otherwise designated, references are to the Georgia Code 
    Annotated (1993) edition and to the 1997 Cumulative Supplement.

Primary Elections, when held.
          Primary elections are held on the third Tuesday in 
        July in each even-numbered year (Sec. 21-2-150). (July 
        21, 1998).
          Candidates may qualify for an election by (1) 
        nomination in party primary; (2) filing nomination 
        petition as an independent or as nominee of political 
        convention; (3) nomination of presidential electors; 
        (4) substitute nomination of a political party; (5) 
        participation in special election; or (6) being an 
        incumbent (Sec. 21-2-130).
Nominating Papers, Petitions, Etc.
          Political party nominees
          The names of nominees of political parties nominated 
        in a primary shall be placed on the ballots without 
        their filing the notice of candidacy otherwise required 
        (Sec. 21-2-132).
          Political bodies shall hold their conventions in 
        accordance with Code Section 21-2-172 and candidates 
        nominated for state-wide public office in convention 
        shall file a notice of candidacy no earlier than 9 a.m. 
        on the fourth Monday in June and no later than 12 noon 
        on the Friday following the fourth Monday in June as 
        prescribed in Code Section 21-2-132; provided, however, 
        that the political body must file its qualifying 
        petition no later than the second Tuesday in July 
        following the convention as prescribed in Code Section 
        21-2-172 in order to qualify its candidates to be 
        listed on the general election ballot (Sec. 21-2-187).
          A candidate for any party nomination in a primary may 
        qualify by either of the two following methods:
                  (1) Payment of a qualifying fee pursuant to 
                Code Section 21-2-131; [3% of annual salary] or
                  (2) The submission of a pauper's affidavit by 
                any candidate who has filed a qualifying 
                petition by which the candidate under oath 
                affirms his poverty and his resulting inability 
                to pay the qualifying fee otherwise required 
                (21-2-153).
          No candidate shall be authorized to file a pauper's 
        affidavit in lieu of paying the qualifying fee 
        otherwise required unless such a candidate has filed a 
        qualifying petition which complies with the following 
        requirements:
                  A qualifying petition of a candidate seeking 
                an office which is voted upon state wide shall 
                be signed by a number of voters equal to one-
                fourth of 1 percent of the total number of 
                registered voters eligible to vote in the last 
                election for the filling of the office the 
                candidate is seeking and the signers of such 
                petition shall be registered and eligible to 
                vote in the election at which such candidate 
                seeks to be elected (Sec. 21-2-153).
          Unless otherwise provided by law, all candidates for 
        party nomination in a primary shall qualify as such 
        candidates in accordance with the procedural rules of 
        their party; provided, however, that no person shall be 
        prohibited from qualifying for such office if he:
                  (1) Meets the requirements of such procedural 
                rules;
                  (2) Is eligible to hold the office which he 
                seeks;
                  (3) Is not prohibited from being nominated or 
                elected by provisions of Code Section 21-2-7 or 
                21-2-8; and
                  (4) If party rules so require, affirms his 
                allegiance to his party by signing the 
                following oath: ``I do hereby swear or affirm 
                my allegiance to the (name of party) Party.'' 
                (21-2-153(b)).
          In the case of general primary, the candidates shall 
        commence qualifying at 9 a.m. on the fourth Monday in 
        April (April 27, 1998) and shall cease qualifying at 12 
        noon on the Friday following the fourth Monday in April 
        (Sec. 21-2-153(c)). (May 1, 1998).
          Each candidate for party nomination shall file an 
        affidavit with the political party at the time of his 
        qualifying. (For details concerning such affidavit, see 
        Sec. 21-2-153(e).)
        Independent candidates
          All other candidates shall file their notice of 
        candidacy and pay the prescribed qualifying fee by the 
        date prescribed in this Code section in order to be 
        eligible to have their names placed on the election 
        ballot by the Secretary of State or election 
        superintendent, as the case may be, in the following 
        manner:
          Each candidate for federal or state office, or his 
        agent, desiring to have his name placed on the election 
        ballot shall file a notice of his candidacy, giving his 
        name, residence address, and the office he is seeking, 
        in the office of the Secretary of State no earlier than 
        9 a.m. on the fourth Monday in June and no later than 
        12 noon on the Friday following the fourth Monday in 
        June in the case of a general election (Sec. 21-2-
        132(c)).
          Each candidate required to file a notice of candidacy 
        by this Code section shall, no earlier than 9 a.m. on 
        the fourth Monday in June and no later than 12 noon on 
        the second Tuesday in July immediately prior to the 
        election, file with the same official with whom he 
        filed his notice of candidacy a nomination petition in 
        the form prescribed in Code Section 21-2-170 
        (exceptions to this requirement are stipulated) 
        (Sec. 21-2-132(d)). Each candidate required by this 
        Code section to file a notice of candidacy shall 
        accompany his notice of candidacy with an affidavit. 
        (For details concerning such affidavit, see Sec. 21-2-
        132(e).)
          A nomination petition of a candidate seeking an 
        office which is voted upon state wide shall be signed 
        by a number of voters equal to 1 percent of the total 
        number of registered voters eligible to vote in the 
        last election for the filling of the office the 
        candidate is seeking and the signers of such petition 
        shall be registered and eligible to vote in the 
        election at which such candidate seeks to be elected 
        (Sec. 21-2-170(b)). No nomination petition shall be 
        circulated prior to 180 days before the last day on 
        which such petition may be filed, and no signature 
        shall be counted unless it was signed within 180 days 
        of the last day for filing the same (Sec. 21-2-170(e)).
Filing Fees and Assessments.
          Each candidate qualifying for a primary with a state 
        political party and each non-primary candidate filing 
        notice of candidacy with Secretary of State, to pay 
        filing fee of three percent of annual salary (Sec. 21-
        2-131). Party primary candidates to pay fee to state 
        political party at time of qualification; all other 
        candidates to pay fee to Secretary of State at time of 
        filing notice of candidacy (Sec. 21-2-131(b)).
          Alternatively, party primary candidate may file 
        pauper's affidavit, under oath, certifying inability to 
        pay fee (Sec. 21-2-153).
Crossfiling by Candidates.
          Candidates shall qualify according to party rules and 
        pledge allegiance to party (Sec. 21-2-153(b)).
Subversive Parties Barred from Ballot.
          No person who has been adjudged a ``subversive 
        person,'' as defined in Part 2 of Article 1 of Chapter 
        11 of Title 16, the ``Sedition and Subversive 
        Activities Act of 1953,'' shall be nominated or elected 
        (Sec. 21-2-7).
Write-in Provisions.
          Permitted in general election (Sec. 21-2-358); on 
        voting machine (Sec. 21-2-322(7)). Write-in votes 
        prohibited in primary elections (Sec. 21-3-193).
          No person elected on a write-in vote shall be 
        eligible to hold office unless notice of intention of 
        candidacy was given no earlier than January 1 and no 
        later than the Tuesday after the first Monday in 
        September prior to a general election, or at least 20 
        days prior to a special election, to the Secretary of 
        State and by publication in a paper of general 
        circulation in the State (Sec. 21-2-133, Supp.).
Vacancy in Office.
          In the event of a vacancy, it shall be filled by 
        special election at the next November election, 
        occurring at least 40 days after the occurrence of such 
        vacancy, and until such election, the Governor may make 
        a temporary appointment to fill such vacancy (Sec. 21-
        2-542).

                                 Hawaii

   Unless otherwise indicated, references are to the Hawaii Revised 
    Statutes Annotated 1995, and to the 1997 Cumulative Supplement.

Primary Elections, when held.
          Second to last Saturday of September in every even 
        numbered year, provided that in no case shall any 
        primary election precede a general election by less 
        than 45 days (Sec. 12-2). (September 19, 1998).
Nominating Papers, Petitions, Etc.
          No person shall be a candidate for any general 
        election unless he has been nominated in the preceding 
        primary (Sec. 12-2).
          Party candidate for primary.--Nominating paper signed 
        by not less than 25 registered voters (Sec. Sec. 12-3 
        and 12-5) who are eligible to vote for the candidate at 
        the next election (Sec. 12-4), to be filed with the 
        chief election officer (i.e., the lieutenant governor, 
        see Sec. Sec. 11-1, 11-2) not later than 4:30 p.m. on 
        the 60th day before the primary (Sec. 12-6).
          Non-partisan candidate.--Same as party candidate 
        (Sec. 12-3).
          Loyalty oath.--File with nomination papers (Sec. 12-
        7).
          New Party.--Must file petition with signatures of not 
        less than one percent of total registered voters of the 
        state by 4:30 p.m. on the 170th day before the next 
        primary (Sec. 11-62).
Filing Fees and Assessments (Sec. 12-6).
          Amount.--$75.
          Date of payment.--When filing nomination papers.
          To whom paid.--Chief Election officer (i.e., 
        lieutenant governor, see Sec. Sec. 11-1, 11-2).
          Alternatively, file statement of indigency and 
        petition signed by at least one-half of one percent of 
        the total voters registered statewide at the time of 
        filing.
Crossfiling by Candidates (Sec. 12-3).
          Prohibited. Candidate must certify that he is a 
        member of the party. Also, nomination papers may not be 
        filed in behalf of any person for more than one party 
        or for more than one office nor shall any person file 
        nomination papers both as a party candidate and as a 
        nonpartisan candidate.
Subversive parties Barred from Ballot.
          Candidate must swear allegiance to laws of Nation and 
        State (Sec. 12-7). No person shall hold any public 
        office or employment who has been convicted of any act 
        to overthrow, or attempt to overthrow, or conspiracy 
        with any person to overthrow the government of Hawaii 
        or of the United States by force or violence (Const. of 
        Hawaii, Art. XVI, Sec. 3).
Write-in Provisions.
          No provisions were found.
Vacancy in Office.
          When a vacancy occurs in the office of a United 
        States Senator, the vacancy shall be filled for the 
        unexpired term at the following state general election, 
        provided that the vacancy occurs not later than 4:30 
        p.m. on the 60th day prior to the date of the primary 
        for nominating candidates to be voted for at the 
        election; otherwise at the state general election next 
        following. The chief election officer shall issue a 
        proclamation designating the election for filling the 
        vacancy. Pending the election, the governor shall make 
        a temporary appointment to fill the vacancy and the 
        person so appointed shall serve until the election and 
        qualification of the person duly elected to fill the 
        vacancy and shall be a registered member of the same 
        political party as the Senator causing the vacancy. All 
        candidates for the unexpired term shall be nominated 
        and elected in accordance with this title (Sec. 17-1).

                                 Idaho

Unless otherwise designated, references are to the Idaho Code Annotated 
    1995 Replacement, and to the 1997 Cumulative Pocket Supplement.

Primary Elections, when held.
          Fourth Tuesday in May. (May 26, 1998) (Sec. 34-601).
Political Party.
          Created in one of three ways: either (1) having three 
        or more candidates for state or national office listed 
        under party name at last general election; (2) having 
        one of its state or national candidates poll at least 3 
        percent of the aggregate vote cast for governor; or (3) 
        by a petition of qualified electors equal to 2 percent 
        of the aggregate vote cast for presidential elections 
        at the last presidential election, filed with Secretary 
        of State on or before August 30 of even numbered years 
        (Sec. 34-501).
          All candidates for U.S. Senator to be nominated at 
        primary or as otherwise provided by law (Sec. 34-703).
Nominating Papers, Petitions, Etc.
          Party candidates.--File declaration of candidacy 
        between the tenth Monday and 5 p.m. on the eighth 
        Friday before primary (Sec. 34-704) with Secretary of 
        State (Sec. Sec. 34-604, 34-705).
          Independent candidates.--Prohibited in primary 
        (Sec. 34-708(1)). In general election, between 8 a.m. 
        on the tenth Monday preceding the primary and 5 p.m. on 
        the eighth Friday preceding the primary, file 
        declaration of candidacy with Secretary of State 
        (Sec. 34-705), along with petition containing 1,000 
        signatures of qualified electors (Sec. 34-708(2)).
Filing Fees and Assessments.
          $500. (Sec. 34-604), payable when filing declaration 
        of candidacy.
Crossfiling by Candidates.
          Prohibited. All candidates must declare party 
        affiliation in declaration of candidacy; and candidates 
        who file a declaration of candidacy under a party name 
        and are not nominated at the primary election may not 
        be allowed to appear on the general election ballot 
        under any other political party name, or as an 
        independent candidate (Sec. 34-704).
Write-in Provisions.
          Permitted in primary (Sec. 34-904); and general 
        elections (Sec. 34-906); on voting machines (Sec. 34-
        2410(1)(c)). To get on the general election ballot, 
        write-in candidate must receive 1,000 write-in votes in 
        the primary (Sec. 34-702). Write-in candidates must 
        file a declaration of candidacy with the secretary of 
        state and pay the filing fee required by the office 
        within 10 days following the primary election (Sec. 34-
        702).
Vacancy in Office.
          Whenever any vacancy shall occur in the office of 
        United States Senator from the State of Idaho by death, 
        resignation or otherwise, the governor shall have the 
        power and is hereby authorized and empowered to fill 
        such vacancy by appointment, and the person so 
        appointed shall hold office until such time as a United 
        States Senator is regularly elected to fill such 
        vacancy at the next succeeding general election, and 
        qualifies by virtue of such election; provided, 
        however, that in case a vacancy occurs in the position 
        of United States Senator from the state of Idaho within 
        30 days of any general election, no election for United 
        States Senator to fill said vacancy shall be held at 
        such general election (Sec. 59-910).

                                Illinois

    Unless otherwise indicated, references are to Chapter 10 of the 
 Illinois Compiled Statutes annotated, 1993 and to the 1997 Cumulative 
                          Annual Pocket Part.

Primary Elections, when held.
          Third Tuesday in March. (Sec. 5/2A-1.1(a)) (March 17, 
        1998).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Petition for nomination, including statement of 
        candidacy (Sec. 5/7-10 Supp.). Petitions for nomination 
        must be signed by not less than 5,000 nor more than 
        10,000 primary electors of party (Sec. 5/7-10, Supp.); 
        file with State Board of Elections not more than 99 
        days and not less than 92 days before primary (Sec. 5/
        7-12(1)).
          Nomination papers filed under section 5/7-12 are not 
        valid if the candidate fails to file a statement of 
        economic interests as required by the Illinois 
        Governmental Ethics Code in relation to his candidacy 
        with the appropriate officer by the end of the period 
        of the filing of nomination papers, unless he has filed 
        a statement of economic interests in relation to the 
        same governmental unit with that officer within a year 
        preceding the date on which the nomination papers were 
        filed (Sec. 5/7-12(8)).
          Minor and new party candidates and independent 
        candidates
          Petition for nomination (minor and new parties) and 
        nomination papers (independents). Include signatures of 
        not less than one percent of voters who voted at the 
        last statewide election or 25,000 qualified voters, 
        whichever is less (Sec. Sec. 5/10-2, 5/10-3). Present 
        to State Election Board at least 92 days but not more 
        than 99 days before the day of election for which 
        candidates are nominated (Sec. 5/10-6).
Filing Fees and Assessments.
          No statutory provisions were found.
Crossfiling by Candidates (Sec. 5/10-7).
          Prohibited. If candidate's name appears on petition 
        of more than one party or group, candidate must choose 
        one. If nominated for two or more incompatible offices, 
        candidate must choose one (Sec. 5/8-9).
Subversive Parties Barred from Ballot.
          Communist Party.--Sec. Sec. 5/7-2, 5/10-2.
          Party advocating overthrow of Government by force or 
        violence.--Sec. Sec. 5/7-2, 5/10-2.
Write-in Provisions.
          Permitted in primary (Sec. 5/7-46), in general 
        election (Sec. 5/17-11), on voting machines (Sec. 5/24-
        1), on punch card voting system (Sec. 5/24A-7), and on 
        electronic voting systems (Sec. 5/24A-7).
Vacancy in Office.
          When a vacancy shall occur in the office of United 
        States Senator from Illinois, the Governor shall make 
        temporary appointment to fill such vacancy until the 
        next election of representatives in Congress, at which 
        time such vacancy shall be filled by election, and the 
        senator so elected shall take office as soon thereafter 
        as he shall receive his certificate of election 
        (Sec. 5/25-8).

                                Indiana

  Unless otherwise indicated, references are to the Indiana Statutes 
    Annotated (Burns, 1996 Replacement) and to the 1997 Cumulative 
                              Supplement.

Primary Elections, when held.
          First Tuesday after first Monday in May in general 
        election years (Sec. 3-10-1-3). (May 5, 1998).
Nominating papers, petitions, etc., for candidate for United 
        States Senate.
          Party primary candidate
          Declaration of candidacy.--File declaration of 
        candidacy with secretary of state, by noon on the 74th 
        day preceding the primary (earliest filing date: 104 
        days before primary) (Sec. Sec. 3-8-2-4, 3-8-2-5).
          Nominating Petitions.--File petitions, signed by at 
        least 5,000 registered voters of the State (at least 
        500 from each congressional district), with declaration 
        of candidacy (Sec. 3-8-2-8).
          Independent candidate, and candidate of new and minor 
        party
          Petition of nomination.--Signatures required, from 
        registered voters, equal in number to two percent, of 
        total vote cast for secretary of state at last 
        preceding general election (Sec. 3-8-6-3). File with 
        Secretary of State by 12 noon July 15 (Sec. Sec. 3-8-6-
        10, 3-8-6-12).
Filing Fees and Assessments.
          No provisions were found.
Crossfiling by Candidates.
          Prohibited. Candidate must be registered voter and 
        member of party in primary election. Any person who 
        executes and files a declaration of candidacy for that 
        office in the same primary election in a different 
        political party until the original declaration is 
        withdrawn (Sec. 3-8-2-16).
Write-in Provisions.
          Permitted in general elections (Sec. Sec. 3-8-2-2.5, 
        3-8-2-4, 3-8-2-5); on voting machines (Sec. 3-11-5-10).
Vacancy in Office.
          (a) A vacancy that occurs, other than by resignation, 
        in the United States Senate shall be certified to the 
        governor by the secretary of state.
          (b) The governor shall immediately fill a vacancy in 
        the United States Senate by appointing a person 
        possessing the qualifications required under Article 1, 
        Section 3, Clause 3 of the Constitution of the United 
        States. The person appointed holds office until the 
        next general election, when the vacancy shall be filled 
        by the election of a Senator in a special election to 
        hold office for the unexpired term.
          (c) If a vacancy in the United States Senate occurs 
        after the last day on which notice of the special 
        election can be published under IC 3-10-8-4, the person 
        appointed under subsection (b) holds office until the 
        vacancy is filled in a special election held at the 
        time of the next general election for which notice can 
        be published under IC 3-10-8-4 (Sec. 3-13-3-1).

                                  Iowa

 Unless otherwise indicated references are to the Iowa Code Annotated 
         (1991) and to the 1997 Cumulative Annual Pocket Part.

Primary Elections, when held.
          First Tuesday after the first Monday in June in even-
        numbered years (Sec. 43.7). (June 2, 1998).
          United States Senators shall be nominated and elected 
        in the year preceding the expiration of term of office 
        of incumbent (Sec. 43.6).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Nomination papers.--Signatures are required of at 
        least one percent of the party voters in each of at 
        least ten counties of the State and in the aggregate 
        not less than one-half of 1 percent of total party vote 
        in State as shown in last general election 
        (Sec. 43.20). File with State Commissioner of Elections 
        not more than 99 nor less than 81 days before primary 
        (filing deadline: 5 p.m.) (Sec. 43.11(2)).
          Affidavit by candidate of eligibility to party 
        candidacy.--File with nomination papers 
        (Sec. Sec. 43.18, 43.19).
          Candidacy of nonparty political organizations.--Party 
        which did not cast at least 2 percent of total vote 
        cast for President or Governor at last general election 
        (Sec. 43.2) may nominate one candidate by convention or 
        caucus (Sec. 44.1).
          Nomination certificate signed by the chairman and 
        secretary of convention or caucus shall be filed with 
        State Commissioner of Elections not more than 99 or 
        less than 81 days (filing deadline: 5 p.m.) before 
        general election (Sec. Sec. 44.2, 44.3, 44.4) together 
        with names of at least 250 qualified electors who 
        attended convention caucus, with at least one elector 
        from each of 25 counties (Sec. 44.1).
          Independent candidates
          Nomination petition.--Signatures are required of not 
        less than 1,500 eligible voters residing in not less 
        than ten counties of the State (Sec. 45.1). File with 
        State Commissioner of Elections not more than 99 nor 
        less than 81 days (deadline: 5 p.m.) before general 
        election (Sec. Sec. 44.4, 45.4).
Mininum Requirement for Nomination.
          Party candidate.--The candidate receiving the highest 
        number of votes at the primary shall be the party 
        nominee provided he received not less than 35 percent 
        of all votes cast by his party for United States 
        Senator (Sec. 43.65).
          If no candidate receives the required percentage, the 
        nomination shall be made by State convention 
        (Sec. Sec. 43.65, 43.78(1)(a)).
Filing Fees and Assessments.
          No statutory provisions were found.
Crossfiling by Candidates.
          Prohibited. Candidate must be affiliated with party 
        (Sec. 43.18, generally; Sec. 43.67 write-in 
        candidates). If nominated by more than one party, 
        candidate must select one (Sec. 49.39). Voter in 
        primary may write in the name of a person who is a 
        candidate on some other party ticket, but this is not 
        counted on the other party ticket (Sec. 43.39). Name of 
        any candidate shall not appear more than once on ballot 
        for the same office (Sec. 49.38). No one may be a 
        candidate for more than one office filled at a primary 
        (Sec. 43.20) or filled at the same election 
        (Sec. 49.41).
          The name of a candidate nominated by any other method 
        than by petition shall not be added to the general 
        election ballot by petition (Sec. 45.2).
Write-in Provisions.
          Permitted in primary (Sec. Sec. 43.26, 43.66) and in 
        general election (Sec. 49.99); on voting machines 
        (Sec. 52.16).
Vacancy in Office.
          In the office of United States Senator, when the 
        vacancy occurs when the Senate of the United States is 
        in session or when such Senate will convene prior to 
        the next general election, it shall be filled by the 
        Governor. Such appointment shall be for the period 
        until the vacancy is filled by election pursuant to law 
        (Sec. 69.8, Supp.).
          If a vacancy occurs in the office of Senator in the 
        Congress of the United States 89 or more days prior to 
        a general election, and the unexpired term in which the 
        vacancy exists has more than 70 days to run after the 
        date of that general election, the vacancy shall be 
        filled for the balance of the unexpired term at that 
        general election and the person elected to fill the 
        vacancy shall assume office as soon as a certificate of 
        election has been issued and the person qualified 
        (Sec. 69.13).

                                 Kansas

    Unless otherwise designated, references are to Kansas Statutes 
        Annotated, 1993, and to the 1996 Cumulative Supplement.

Primary Elections, when held.
          First Tuesday in August of even-numbered years 
        (Sec. 25-203), for nomination of candidates for United 
        States Senator whose term will expire during next 
        succeeding calendar year (Sec. 25-101). (August 4, 
        1998).
Nominating Petitions (See generally Sufficiency of Petitions, 
        Sec. Sec. 25-3601 to 3607).
          Party candidate for primary
          Nomination papers.--Signatures are required, equal in 
        number to not less than one percent of the total voter 
        registration of the party designated in the state 
        (Sec. 25-205). File with Secretary of State (Sec. 25-
        208) not later than 12 o'clock noon on June 10, prior 
        to primary (Sec. 25-205).
          Declaration of intention to become a candidate.--May 
        be filed by candidate in lieu of nomination petitions, 
        with Secretary of State, not later than 12 o'clock noon 
        on June 10, prior to primary (Sec. 25-205).
          New or minor parties
          Candidate of new party having a State or national 
        organization or minor party which appeared on general 
        election ballot at last preceding general election but 
        whose candidate did not poll at least 5 percent of 
        total State vote (Sec. 25-202).
          Such parties may nominate candidates by convention or 
        caucus to be called by State chairman only after filing 
        with the Secretary of State not later than 12 o'clock 
        noon, June 1, prior to the primary election held on the 
        first Tuesday of August in even-numbered years, 
        petitions signed by qualified electors equal in number 
        to at least 2 percent of the total vote cast for all 
        candidates for Governor in the State in the last 
        preceding general election (Sec. Sec. 25-302, 25-302a).
          Party certificate of nomination, signed by presiding 
        officer and secretary of convention or caucus, should 
        be filed with Secretary of State not later than 12 
        o'clock noon June 10 (Sec. Sec. 25-202, 25-302, 25-
        305).
          Independent candidate
          Independent certificate of nominations.--Signatures 
        of not less than 5,000 qualified voters of the State 
        are required (Sec. 25-303). File with Secretary of 
        State not later than 12 o'clock noon on the Monday 
        preceding the first Tuesday of August (Sec. 25-305).
Filing Fees and Assessments (Sec. 25-206).
          Fee is required only when party candidate for 
        primary, in lieu of nomination petitions, files 
        declaration of intention to become a candidate.
          Amount.--One percent of one year's salary.
          Date of payment.--At time of filing declaration of 
        intention to become candidate.
          To whom paid.--Secretary of State.
Crossfiling by Candidates.
          Prohibited. Candidate must be affiliated with party 
        whose nomination he seeks (Sec. Sec. 25-205; 25-206). 
        Candidate's name may appear only one place on ballot 
        (Sec. Sec. 25-213, 25-613).
          No person shall accept more than one nomination for 
        the same office (Sec. 25-306). No candidate shall file 
        for office as a partisan candidate in a primary 
        election and also file thereafter as an independent 
        candidate (Sec. 25-202(c)).
Subversive Parties Barred from Ballot.
          Communist Party.--Sec. Sec. 25-116, 25-117.
Write-in Provisions.
          Permitted in primary only if there are no nomination 
        petitions or declarations on file for any particular 
        office. In such case the title of the office shall be 
        printed on the ballot and names may be written in. In 
        order to receive a write-in nomination in such a case, 
        a person must receive at least votes equal in number to 
        10 percent of the electors who voted for the Office of 
        Secretary of State in the last preceding general 
        election (Sec. 25-213). Permitted in general election 
        (Sec. 25-616); on voting machines (Sec. 25-1330); and 
        on electronic voting systems (Sec. 25-4409).
Vacancy in Office.
          When a vacancy shall occur in the office of United 
        States Senator from this state, the governor shall make 
        a temporary appointment to fill such vacancy until the 
        next election of representatives in Congress, at which 
        time such vacancy shall be filled by election, and the 
        senator so elected shall take office as soon thereafter 
        as he shall receive his certificate of election (Sec.  
        25-318).

                                Kentucky

   Unless otherwise designated, references are to Kentucky's Revised 
    Statutes Annotated (1993) and to the 1996 Cumulative Supplement.

Primary Elections, when held.
          First Tuesday after the fourth Monday in May 
        (Sec. 118.025) (May 26, 1998).
          Party candidate for primary (of party which cast at 
        least twenty percent of total vote at last presidential 
        election) (Sec. Sec. 118-105, 118.015(1)).
          Notification and declaration of candidate signed by 
        the candidate and at least two registered voters who 
        are members of his party. File with Secretary of State 
        no later than 4 p.m. on the last Tuesday in January, 
        before primary (Sec. Sec. 118-125, 118.165).
          Candidate of minor political party
          Certificate of nomination.--Party which cast at least 
        2 percent of total vote of last presidential election 
        may nominate by convention or primary election held by 
        party in accordance with its constitution and bylaws. 
        The certificate of nomination by such a convention or 
        primary election, signed by presiding officer and 
        secretary of convention or by the proper committee 
        chairman and secretary, shall be filed with Secretary 
        of State not later than the second Tuesday in August 
        before general election (Sec. Sec. 118.325, 118.356, 
        118.365). Minor political parties that have failed to 
        nominate candidates by convention may nominate by 
        petition under same requirements as in the case of an 
        independent candidate (Sec. 118.325(6)).
          Statement of candidate.--A candidate for nomination 
        by convention shall file a statement with the Secretary 
        of State. (Sec. 118.325(3)).
          Independent candidate
          Nomination petition.--Signatures are required of 
        5,000 legally qualified voters of the State 
        (Sec. 118.315). File with Secretary of State 
        (Sec. 118.356) not later than the second Tuesday in 
        August before general election (Sec. 18.365).
Filing Fees and Assessments. (Sec. 118.255).
          Amount.--$500.
          Date of payment.--At the time of filing nomination 
        papers by candidate.
          To whom paid.--Secretary of State.
Crossfiling by Candidates.
          Candidate who is defeated in primary cannot have his 
        name printed on general ballot as candidate for same 
        office as an independent or otherwise (Sec. 118.345).
          Candidate nominated by primary or party convention 
        and by petition can only have his name printed on 
        ballot once and he may choose whether to be party 
        candidate or independent (Sec. 118.335.).
Write-in Provisions.
          Permitted in regular and special elections 
        (Sec. 117.265), on voting machines 
        (Sec. Sec. 117.125(15), 117.145(3)), and on electronic 
        voting systems (Sec. 117.381(4)). Write-in votes are 
        counted only for candidates who have filed a 
        declaration of intent with the Secretary of State not 
        less than 10 days before the date of any regular or 
        special election.
Vacancy in Office.
          The Governor shall fill vacancies in the office of 
        United States Senator by appointment until the next 
        regular election at which members of the lower branch 
        of Congress are elected, and shall, under the Seal of 
        the Commonwealth, certify the appointment to the 
        President of the Senate of the United States. The 
        certificate of appointment shall be countersigned by 
        the Secretary of State (Sec. 63.200).

                               Louisiana

 Unless otherwise designated, references are to the Louisiana Statutes 
  Annotated, Title 18 (1979) and to the 1997 Cumulative Annual Pocket 
                                 Part.

Primary Elections, when held.
          First Saturday in October. (Sec. Sec. 402(B)(1), 
        1272, Supp.). (September 19, 1998). The primary 
        election involves all candidates; the two candidates 
        with the highest number of votes appear on the general 
        election ballot on the first Tuesday following the 
        first Monday in November (November 3, 1998) 
        (Sec. Sec. 402(B)(2), 481, 482, 1272, Supp.). No 
        election of any kind shall be held on any of the days 
        of Rosh Hashanah, Yom Kippur, Sukkoth, Shimini 
        Atzereth, Simchas Torah, the first two days and the 
        last two days of Passover, Shavuoth, Fast of AV, or the 
        three days preceding Easter. If the date of any 
        election falls on any of the above named days, the 
        election shall be held on the same weekday of the 
        preceding week(Sec. 402(G), Supp.).
Nominating Papers, Petitions, Etc.
          A person who desires to become a candidate in a 
        primary election shall qualify as a candidate by timely 
        filing notice of his candidacy, which shall be 
        accompanied either by the qualifying fee and by any 
        additional fee imposed or by a nominating petition 
        (Sec. 461, Supp.).
          Fall primary
          Louisiana has a fall primary on September 19, 1998, 
        which is a one-ballot primary in which all candidates 
        appear (Sec. 401). The candidate who receives a 
        majority of the votes in the primary is elected 
        (Sec. 511, Supp.). The general election on November 3, 
        1998, serves as a runoff for the two top vote-getting 
        candidates without a majority of the votes (Sec. 481).
            In Foster v. Love, 66 U.S.L.W. 4015; 1997 U.S. 
        LEXIS 7331 (U.S. Dec. 2, 1997) (No. 96-670), the U.S. 
        Supreme Court held that Louisiana statutes 
        (Sec. Sec. 18:402(B)(1), 18:401(B), 18:481 and 18:511 
        (A)) that provide for an ``open primary'' in October 
        for election of Members of Congress and that provide 
        that any candidate receiving a majority of the vote in 
        that primary ``is elected,'' conflicts with the federal 
        law, 2 U.S.C. Sec. Sec. 1 and 7, that provide for a 
        uniform federal election day in November, and is void 
        to the extent of the conflict.
            The Louisiana Legislature is expected to call a 
        special session in early 1998 to remedy the conflict.
          Notice of candidacy
          A notice of candidacy shall be in writing and shall 
        state the candidate's name, the office he seeks, the 
        address of his domicile, the parish, ward, and precinct 
        where he is registered to vote, and the political 
        party, if any, with which he is registered as being 
        affiliated. The notice of candidacy shall also include 
        a certificate, signed by the candidate, certifying that 
        he had read the notice of his candidacy and that all 
        the statements contained in it are true and correct, 
        and shall be executed before a notary public or 
        witnessed by two persons who are registered to vote on 
        the office the candidate seeks. The notice of candidacy 
        shall also include a certificate, signed by the 
        candidate, certifying that he is knowledgeable of 
        certain prohibitions regarding the posting of political 
        campaign signs (Sec. 463, Supp.). Shall be filed with 
        the Secretary of State by 5 p.m. on the Friday after 
        the fourth Wednesday in July (July 24, 1998) 
        (Sec. Sec. 462(A), 467, 468, Supp.).
          Nominating petition
          Shall be filed with the Secretary of State and shall 
        accompany the notice of candidacy (Sec. Sec. 462(A), 
        465(A)). A person may only be nominated by persons who 
        are registered to vote on the office he seeks and sign 
        a nominating petition for him no more than 120 days 
        before the qualifying period opens for candidates in 
        the primary election. Each voter who signs a nominating 
        petition shall provide specified information and may 
        not withdraw the nomination (Sec. 465(B)).
          The number of qualified voters who must timely sign a 
        nominating petition for an office voted on throughout 
        the State is 5,000, not less than 500 of which shall be 
        from each of the congressional districts into which the 
        State is divided (Sec. 465(C)(1)).
Filing Fees and Assessments (Sec. 464(A), (B)(1), Supp.).
          Amount.--$600.
          Date of payment.--At time of filing notice of 
        candidacy.
          To whom paid.--Secretary of State.
          A state central committee of a political party may 
        fix and impose an additional fee to be collected in the 
        manner provided in Sec. 464(C), Supp.
Crossfiling by Candidates.
          Prohibited. A person shall not become a candidate in 
        a primary or general election for more than one office 
        unless one of the offices is membership on a political 
        party committee (Sec. 453(A), Supp.)
Subversive Parties Barred from Ballot.
          Communist Party.--(Sec. 14:365).
Write-in Provisions.
          No statutory provisions (information received from 
        office of Secretary of State).
Vacancy in Office.
          The Governor may fill any vacancy in the office of 
        United States Senator by appointment; however, if the 
        United States Senate is in session when the vacancy 
        occurs, the Governor, within ten days after receiving 
        official notice of the vacancy, shall appoint a Senator 
        to fill the vacancy.
          If a vacancy occurs in the office of United States 
        Senator and the unexpired term is more than one year, 
        any appointment to fill the vacancy shall be temporary, 
        and any Senator so appointed shall serve until his 
        successor is elected at a special election and takes 
        office, and the Governor, within ten days after 
        receiving official notice of the vacancy, shall issue 
        his proclamation for a special election to fill the 
        vacancy for the unexpired term. The date of the special 
        election shall be established by the Governor in 
        accordance with the provisions of R.S. 18:402(E). The 
        election shall be conducted and the returns shall be 
        certified as in regular elections for United States 
        Senator. (Sec. 1278(A), (B), Supp.).

                                 Maine

Unless otherwise designated, references are to Title 21-A of the Maine 
 Revised Statutes Annotated, 1993 ed., and to the 1996-1997 Supplement.

    The State of Maine will not be holding senatorial elections 
in 1998. The following statutory provisions are listed for 
future reference.
Primary Elections, when held.
          Second Tuesday of June of each general election year 
        (Sec. 339) (June 9, 1998).
Nominating Papers, Petitions, Etc.
          Party candidate for primary (Sec. Sec. 334-336).
          Primary petition.--Signatures by qualified voters of 
        his party are required, equal in number to at least 
        2,000 but not more than 3,000. File with Secretary of 
        State before 5 p.m. on March 15 of the election year in 
        which it is to be used (Sec. 335).
          Consent of candidate.--Written consent of candidate 
        must be filed with his petition (Sec. 336).
          Independent candidate.--(Sec. Sec. 353-355).
          Nomination by petition.--Signatures by qualified 
        voters of State are required, equal in number to at 
        least 4,000 and not more than 6,000 voters. Must file 
        petition in the office of the Secretary of State by 5 
        p.m. on June 1 (Sec. 354). Must withdraw enrollment in 
        a party prior to March 1 of the election year 
        (Sec. 353).
          Written consent of each candidate must be filed with 
        his nomination petition (Sec. 355).
          Note. A person may file as a candidate for any 
        federal, state, or county office either by primary 
        election or nomination petition, but not by both 
        (Sec. 351).
          Write-in candidate.
          A person, whose name will not appear on the printed 
        primary ballot because he did not file a petition and 
        consent as required but who is otherwise eligible to be 
        a candidate, may be nominated at the primary election 
        if that person receives a number of valid write-in 
        votes equal to at least twice the minimum number of 
        signatures required on a primary petition for a 
        candidate for that office (at least 4000 votes) and if 
        he files a written acceptance of nomination with the 
        Secretary of State within 15 days after receiving the 
        notice of nomination (Sec. Sec. 338, 723(1)(a)).
Filing Fees and Assessments: No statutory provisions.
Crossfiling by Candidates.
          Prohibited. Primary petition must contain the name of 
        candidate's political party (Sec. 335(1)). Candidate's 
        consent which must be filed with petition must state 
        that candidate will accept the nomination of the party 
        (Sec. 336(1)). Candidate must be enrolled on or before 
        March 15 in party named in petition (Sec. 334). An 
        independent candidate for nomination by nomination 
        petition must withdraw his enrollment in a party 3 
        months before the required filing date for the 
        nomination petition (Sec. 145).
          A person may file as a candidate for any federal, 
        state, or county office either by primary election or 
        nomination petition, but not by both. A person may not 
        file, whether by primary election or nomination 
        petition, as a candidate for more than one federal, 
        state, or county office at any election except when one 
        of the offices is membership in a county charter 
        commission (Sec. 351).
Write-in Provisions.
          Permitted in primary (Sec. Sec. 338, 723); in general 
        election (Sec. 692); on voting machines (Sec. 812); on 
        electronic voting systems (Sec. 843).
          Must write in the name and municipality of residence 
        of the person whose name is written in (Sec. Sec. 691, 
        692).
Vacancy in Office.
          Within a reasonable time after a vacancy occurs, the 
        Governor shall appoint a qualified person to fill the 
        vacancy until his successor is elected and qualified.
          If the vacancy occurs 60 days or more before a 
        regular primary election, nominees must be chosen at 
        the primary and a successor elected for the remainder 
        of the term at the general election.
          If the vacancy occurs less than 60 days before a 
        regular primary election, nominees must be chosen at 
        the next regular primary following the one in question, 
        and a successor elected for the remainder of the term 
        at the general election (Sec. 391).

                                Maryland

  Unless otherwise designated, references are to Article 33 Maryland 
     Annotated Code 1957 (1997 Replacement Volume) and to the 1997 
                              Supplement.

Primary Elections, when held.
          Second Tuesday after first Monday in September except 
        on first Tuesday in March in those years in which a 
        national convention is held to nominate a President and 
        Vice President (Sec. 5-2). (September 22, 1998).
Nominating Papers, Petitions, Etc.
          Certificates of candidacy for the nomination of 
        Members of Congress must be filed under oath with the 
        State Administrative Board of Election Laws (Sec. 4A-
        2(a)). Deadline for filing: Monday, 9 p.m., 10 weeks or 
        70 days before the primary election (July 14, 1998) 
        (Sec. 4A-3).
          Independents and minor party candidates.
          Minor parties which are not required to hold primary 
        elections under Sec. 5-1 may select a nominee as 
        provided by the interim constitution and bylaws of the 
        party, but such a nominee shall not appear on the 
        ballot for the general election unless he has complied 
        with the requirements for nomination by petition. 
        (Sec. 4B-1). Independent candidates may appear on the 
        ballot for the general election by complying with the 
        requirements for nomination by petition. (Sec. 7-1).
          Declaration of intent.--A declaration of intent is 
        not required of any candidate in a presidential 
        election year. (Sec. Sec. 7-1(b)(1)(i)).
          Certificate of Candidacy by petition.--Must be filed 
        under oath in person with the State Administrative 
        Board of Election Laws not later than 5 p.m. on the 
        first Monday in August. (August 3, 1998) (Sec. 7-
        1(b)(1)(ii)).
          Nominating petitions.--Nominating petitions signed by 
        three percent of registered voters eligible to vote for 
        U.S. Senator (Sec. 7-1(b)(2)). File with State 
        Administrative Board of Election Laws (Sec. 4A-2(a)). 
        The petition is to be filed by 5 p.m. on the first 
        Monday in August (August 3, 1998) in the election year 
        (Sec. 7-1(c)(1)).
          Write-in candidates
          Certificate of candidacy.--Must be filed with the 
        State Administrative Board of Election Laws no later 
        than 7 days after total expenditure of $51 is made in 
        candidate's behalf, but shall not be filed later than 5 
        p.m. on the day preceding the day of the election for 
        which filed (September 16, 1998) (Sec. 4D-1(c)).
Filing Fees and Assessments (Sec. 4A-6(b)).
          Required of all candidates, including minor party 
        candidates. Can be waived upon filing of sworn 
        statement of inability to pay. (Sec. 4A-6(b), (f), 
        (g)).
          Amount.--$290.
          Date of payment.--Time of filing certificate of 
        candidacy.
          To whom paid.--State Administrative Board of Election 
        Laws.
Crossfiling by Candidates.
          Prohibited. Candidate must be affiliated with the 
        party whose nomination he seeks (Sec. 4A-1(a)).
          A person who is defeated in the primary election may 
        not have his name printed on the ballot at the 
        succeeding general election as a candidate of any 
        office, except he may be appointed to fill a vacancy in 
        his party's nomination of which he was a candidate in 
        the primary (Sec. 8-2).
Write-in Provisions.
          Prohibited in primary (Sec. 5-3(f)).
          Permitted in general election (Sec. 14-1(i)); on 
        voting machines (Sec. Sec. 17-5(b), 16-3(b)(3)).
Vacancy in Office.
          In the event of a vacancy in said office of Senator, 
        however said vacancy may arise, the Governor of the 
        State shall make a temporary appointment of a Senator 
        who shall serve until the people shall fill such 
        vacancy by nomination and election (Sec. 21-1(c)).
          Special election.--It shall be the duty of the 
        Governor of the State, within 10 days after such 
        vacancy shall have been made or becomes known to him, 
        to issue a proclamation accompanied by a writ of 
        election declaring and providing that at the next 
        ensuing primary election held for the nomination of 
        candidates for the House of Representatives, candidates 
        for said unexpired portion of the term of said office 
        of Senator in which such vacancy has occurred shall be 
        nominated in the manner aforesaid. The election of a 
        Senator to fill such unexpired portion of said term 
        shall take place at the next ensuing general 
        congressional election (Sec. 21-1(d)).

                             Massachusetts

      Unless otherwise designated, references are to Chapter 53, 
Massachusetts General Laws Annotated (1991) and to the 1997 Cumulative 
                          Annual Pocket Part.

    The State of Massachusetts will not be holding senatorial 
elections in 1998. The following statutory provisions are 
listed for future reference.
Primary Elections, when held.
          Seventh Tuesday preceding biennial State elections 
        (Sec. 28).
          Usually, primary elections are held only by political 
        parties which polled at least 3 percent of the State 
        vote for any office at the last preceding biennial 
        election or which shall have enrolled a number of 
        voters with its political designation equal to or 
        greater than one percent of the entire number of voters 
        registered in the commonwealth (see ch. 50, Sec. 1, 
        Supp., definition of ``political party'').
Nominating Papers, Petitions, Etc.
          Political party candidate for primary
          Nomination papers and candidate written acceptance.--
        Signatures of at least 10,000 qualified voters of his 
        party are required (Sec. 44, Supp.). A nomination paper 
        must contain the candidate's written acceptance 
        (Sec. 45, Supp.). Submit nomination papers to 
        registrars of city or town for certification on or 
        before 5 p.m. of the 28th day before date of filing 
        (Sec. 46, Supp.). File with Secretary of State on or 
        before first Tuesday in June of the year in which a 
        State election is to be held (Sec. 48, Supp.).
          Registrar's certificate, showing that candidate is 
        enrolled voter of party whose nomination he seeks. File 
        with Secretary of State on or before deadline for 
        filing nomination papers (Sec. 48, Supp.).
          Independent candidate
          Nomination papers. 10,000 signatures of voters are 
        required (Sec. 6, Supp.). Candidate's written 
        acceptance must accompany nomination papers (Sec. 9, 
        Supp.). Submit nomination papers to registrars of 
        signers' city or town of voting residence, for 
        certification on or before 5 p.m. of the 28th day 
        before the date of filing (Sec. 7). File with Secretary 
        of State (Sec. 9, Supp.) on or before last Tuesday in 
        August of the year in which a State election is held 
        (Sec. 10, Supp.). Also file certificate of registration 
        as voter by deadline for filing nomination papers 
        (Sec. 9, Supp.).
          No person may be nominated as an independent 
        candidate for any office to be filled at a state 
        election if he has been enrolled as a member of a 
        political party during the 90 days prior to the last 
        day for filing nomination papers. Candidate must file, 
        on or before the last day for filing nomination papers, 
        a registrar's certificate showing that he is not 
        enrolled as a member of any political party. (Sec. 6, 
        Supp.).
          Write-in candidate
          Candidate's written acceptance.--Candidate who was 
        nominated by write-in votes at a primary must file, 
        with Secretary of State, a written acceptance by 5 p.m. 
        of the 13th day after the primary (Sec. 3).
Filing Fees and Assessments.--No statutory provisions.
Crossfiling by Candidates.
          Prohibited. Candidate must be enrolled member of 
        political party whose nomination he seeks (Sec. 48, 
        Supp.). No person may be nominated as an independent 
        candidate if he has been enrolled as a member of a 
        political party during the 90 days prior to the last 
        day for filing nomination papers (Sec. 6, Supp.). No 
        person shall be a candidate for nomination for more 
        than one office, except membership in political 
        committees (Sec. 46).
Write-in Provisions.
          Permitted in primary (Sec. 3), but to be deemed 
        nominated (or elected at general election) person must 
        receive at least as many write-in votes as equal to 
        signatures that would be required to place his name on 
        ballot as primary candidate (Sec. 40), and, in general 
        election, on voting machines (ch. 54, Sec. 33D) and 
        electronic voting systems (ch. 54, Sec. 33E).
Vacancy in Office.
          The vacancy shall be filled for the unexpired term at 
        the following biennial state election provided said 
        vacancy occurs not less than seventy days prior to the 
        date of the primaries for nominating candidates to be 
        voted for at such election, otherwise at the biennial 
        state election next following. Pending such election 
        the governor shall make a temporary appointment to fill 
        the vacancy, and the person so appointed shall serve 
        until the election and qualification of the person duly 
        elected to fill such vacancy (ch. 54, Sec. 139).

                                Michigan

 Unless otherwise designated, references are to Michigan Compiled Laws 
  Annotated, 1989 and to the 1997-1998 Cumulative Annual Pocket Part.

    The State of Michigan will not be holding senatorial 
elections in 1998. The following statutory provisions are 
listed for future reference.
Primary Elections, when held.
          Tuesday after first Monday in August preceding 
        general November elections (Sec. Sec. 168.92, 168.534).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Nominating petition and affidavit of 
        identification.--Signatures of qualified registered 
        electors are required, equal in number to not less than 
        1 percent nor more than 4 percent of number of votes 
        cast by such party for Secretary of State at last 
        preceding general November election, to include at 
        least 100 electors in each of at least one-half of the 
        congressional districts of the state. File with 
        Secretary of State not later than 4 p.m. of 12th 
        Tuesday preceding August primary (Sec. Sec. 168.93, 
        168.551, Supp.). Candidate shall also file two copies 
        of affidavit of identification with the Secretary of 
        State at time of filing nomination petition 
        (Sec. 168.558, Supp.).
          Candidate of minor party.--Whose principal candidate 
        received less than 5 percent of total vote cast for 
        Secretary of State of in last preceding election--
        nomination may be by convention (Sec. Sec. 168.92, 
        168.532, 168.686a). County caucuses and state 
        conventions must be held not later than the August 
        primary (Sec. 168.686a). A certificate of nomination, a 
        written notice of acceptance by the candidate, and an 
        affidavit of identity must be filed with the Secretary 
        of State within 24 hours of the conclusion of the 
        convention (Sec. 168.686a).
Filing fees and Assessments.--No statutory provisions apply to 
        candidates for United States Senator.
Crossfiling by Candidates.
          Prohibited. If candidate is nominated by more than 
        one political party, he must select one 
        (Sec. Sec. 168.692, 168.693). Candidate on primary 
        ballot of one political party is not eligible as 
        candidate of any other political party on general 
        election ballot (Sec. 168.695).
Write-in Provisions.
          Permitted in primary (Sec. 168.576); however, write-
        in candidate on primary ballot shall not be certified 
        as a nominee unless he receives a total vote equal to 
        not less than .15 of 1 percent of the total population 
        of the state, but not less than 10 votes, or a total 
        equal to 5 percent of the greatest number of votes cast 
        by the party for any office at the primary in the 
        state, for a candidate or for all candidates for 
        nomination for an office for which only one person is 
        to be nominated, whichever is greater (Sec. 168.582).
          Permitted in general election (Sec. 168.706), on 
        voting machines (Sec. Sec. 168.782a, 168.784).
Vacancy in Office.
          Whenever a vacancy shall occur in the office of 
        United States Senator, the Governor shall appoint, to 
        fill the vacancy, some suitable person having the 
        necessary qualifications for Senator. The person so 
        appointed shall hold office from the time of his 
        appointment and qualification until the first day of 
        December following the next general November election 
        which occurs more than one hundred twenty days after 
        such vacancy happens. At such general November 
        election, a United States Senator to fill such vacancy 
        shall be elected and the person so elected shall hold 
        office from the first day of December following such 
        election for the balance of the unexpired term of the 
        Senator whose vacancy is filled (Sec. 168.105).

                               Minnesota

   Unless otherwise designated, references are to Minnesota Statutes 
  Annotated (1992) and to the 1996-1997 Cumulative Annual Pocket Part.

    The State of Minnesota will not be holding senatorial 
elections in 1998. The following statutory provisions are 
listed for future reference.
Primary Elections, when held.
          First Tuesday after second Monday in September in 
        even-numbered years (Sec. 204D.03(1)).
Nominating Papers, Petitions, Etc.
          Major party candidate for primary (Sec. 204D.10). The 
        candidate for nomination of a major political party for 
        a partisan office on the state partisan primary ballot 
        who receives the highest number of votes shall be the 
        nominee of that political party of that office 
        (Sec. 204D.10, Subd. 1). File affidavit of candidacy 
        with Secretary of State not more than 70 nor less than 
        56 days before primary (Sec. Sec. 204B.03, 204B.09, 
        Subd. 1).
          Independent.--Signatures are required to be obtained 
        during the period allowed for filing nominating 
        petitions (Sec. 204B.08, Subd. 1), equal in number to 1 
        percent of the total number of persons voting at the 
        last preceding State general election, or 2,000, 
        whichever is less (Sec. 204B.08, Subd. 3). File 
        nominating petitions and affidavit of candidacy with 
        Secretary of State not more than 70 nor less than 56 
        days before primary (Sec. 204B.09, Subd. 1).
Filing Fees and Assessments (Sec. 204B.11, Supp.).
          Amount.--$400.
          Date of payment.--At time of filing affidavit of 
        candidacy.
          To whom paid.--Secretary of State.
          A petition signed by 2,000 voters may be presented in 
        lieu of the filing fee. (Sec. 204B.11, Subd. 2).
Crossfiling by Candidates.
          No individual shall be named on any ballot as the 
        candidate of more than one major political party. 
        (Sec. 204B.04, Subd. 1).
          A candidate may seek the nomination of a major 
        political party and one or more minor political parties 
        for the same partisan office simultaneously if the 
        state chair of the parties whose nomination is sought 
        consents in writing to the simultaneous nomination.
          A candidate who seeks the simultaneous nomination of 
        a major political party and one or more minor political 
        parties and fails to be nominated at the state primary 
        for the major political party forfeits the nominations 
        of the minor political parties.
          A candidate may not seek the nomination of either a 
        major or minor political party, or both, and file a 
        nominating petition as an independent candidate for the 
        same election. (Sec. 204B.04, Subd. 2). Write-in 
        Provisions.
          Not permitted in primary (Sec. Sec. 204B.36, Subd. 2, 
        204D.08, Subd. 2).
          Permitted in general election (Sec. 204B.36, Subd. 
        2).
Vacancy in Office.
          Every vacancy shall be filled for the remainder of 
        the term by a special election, except that no special 
        election shall be held in the year before the term 
        expires. The special election shall be held at the next 
        November election if the vacancy occurs at least 6 
        weeks before the regular primary preceding that 
        election. If the vacancy occurs less than 6 weeks 
        before the regular primary preceding the next November 
        election, the special election shall be held at the 
        second November election after the vacancy occurs. The 
        Governor may make a temporary appointment to fill any 
        vacancy (Sec. 204D.28).

                              Mississippi

    Unless otherwise designated, references are to Mississippi Code 
  Annotated 1972 (1990) and to the 1997 Cumulative Annual Pocket Part.

    The State of Mississippi will not be holding senatorial 
elections in 1998. The following statutory provisions are 
listed for future reference.
Primary Election, when held.
          Each year in which a presidential election is held, 
        the congressional primary shall be held as provided in 
        Sec. 23-15-1081 which provides that the primary may be 
        held on the second Tuesday in March. A runoff election 
        if necessary will be held 3 weeks thereafter. (Sec. 23-
        15-1083).
          Except as may be otherwise provided by Sec. 23-15-
        1081, the first primary election for Congressmen shall 
        be held on the first Tuesday in June of the years in 
        which Congressmen are elected, and the second primary, 
        when one is necessary, shall be held 3 weeks 
        thereafter. The election shall be held in all districts 
        of the state on the same day. Candidates for United 
        States Senator shall be nominated at the congressional 
        primary next preceding the general election at which a 
        Senator is to be elected and in the same manner that 
        Congressmen are nominated, and the chairman and 
        secretary of the State Executive Committee shall 
        certify the vote for United States Senator to the 
        Secretary of State in the same manner that county 
        executive committees certify the returns of counties in 
        general state and county primary elections Sec. 23-15-
        1031).
Nominating Papers, Petitions, Etc.
          Party candidate for primary. A written statement by 
        the candidate containing the name and address of the 
        candidate, the party affiliation of the candidate, and 
        the office sought by the candidate must be filed with 
        the Secretary of the State Executive Committee 60 days 
        before the presidential preference primary. In years 
        when a presidential preference primary is not being 
        held, the deadline shall be 5 p.m. on March 1 of the 
        year the primary is held. (Sec. 23-15-299 (3 & 4)).
          The name of any candidate shall not be placed upon 
        the official ballot in general elections as a party 
        nominee who is not nominated, and the election of any 
        party nominee who shall be nominated otherwise than as 
        provided in this chapter shall be void and he shall not 
        be entitled to hold the office to which he may have 
        been elected (Sec. 23-15-307).
          Independent candidate.
          Nominating petition. The name of a candidate shall be 
        printed on the ballot for whom a petition signed by not 
        less than 1,000 qualified electors shall have been 
        filed with the State Board of Election Commissioners by 
        no later than 5 p.m. on the same date by which 
        candidates for nominations in party primary elections 
        are required to pay the filing fees in Sec. 23-15-359.
Filing Fees and Assessments.
          Party primary candidates for United States Senator 
        shall pay a filing fee not to exceed $300 to the 
        Secretary of the State Executive Committee by 5 p.m. 60 
        days before the presidential preference primary. In 
        years when a presidential preference primary is not 
        being held, the deadline shall be 5 p.m. on March 1 of 
        the year the primary is held. (Sec. 23-15-297(f), 23-
        15-299 (3)).
Crossfiling by Candidates.
          Prohibited. Candidate required to support party. 
        (Sec. Sec. 23-15-299(3), 23-15-359(2), Supp.).
Write-in Provisions.
          Permitted on printed ballots (Sec. Sec. 23-15-365, 
        23-15-469).
Vacancy in Office.
          If a vacancy shall occur in the office of United 
        States Senator from Mississippi by death, resignation, 
        or otherwise, the Governor shall, within ten days 
        receiving official notice of such vacancy, issue his 
        proclamation for an election to be held in the State to 
        elect a Senator to fill such unexpired term as may 
        remain, provided the unexpired term is more than 12 
        months, and election shall be held within 90 days from 
        the time the proclamation is issued and the returns of 
        such election shall be certified to the Governor in the 
        manner set out for regular elections unless the vacancy 
        occurs in a year in which there shall be held a general 
        state or congressional election, in which event the 
        Governor's proclamation shall designate the general 
        election day as the time for electing a Senator, and 
        the vacancy shall be filled by appointment as 
        hereinafter provided (Sec. 23-15-855).
          In case of a vacancy, the Governor may appoint a 
        Senator to fill such vacancy temporarily, and if the 
        United States Senate is in session at the time the 
        vacancy occurs, the Governor shall appoint a Senator 
        within 10 days after receiving official notice thereof, 
        and the Senator so appointed shall serve until his 
        successor is elected and commissioned; provided, that 
        such unexpired term as he may be appointed to fill 
        shall be for a longer time than 1 year, but if for a 
        shorter time than one year, he shall serve for the full 
        time of the unexpired term and no special election 
        shall be called by the Governor, but his successor 
        shall be elected at the regular election (Sec. 23-15-
        855).

                                Missouri

   Unless otherwise designated, references are to Vernon's Annotated 
                       Missouri Statutes (1997).

Primary Elections, when held.
          First Tuesday after first Monday in August of even-
        numbered years (Sec. Sec. 115.121, 115.341). (August 4, 
        1998).
          If two or more persons receive an equal number of 
        votes for nomination as a party's candidate for any 
        federal office and a higher number of votes than any 
        other candidate for the same office on the same party 
        ballot, the Governor shall issue a proclamation stating 
        that fact and order a special primary election to 
        determine the party's nominee for the office 
        (Sec. 115.515).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Declaration of candidacy.--On or before 5 p.m. on the 
        last Tuesday in March (March 31, 1998) preceding the 
        primary (Sec. 115.349(1)). File with Secretary of State 
        (Sec. 115.353(1)), in person (Sec. 115.355).
          New parties and independents
          Nomination petition.--A person wishing to be an 
        independent candidate or a group wishing to form a new 
        party with candidates for state-wide offices must file 
        a petition with the Secretary of State containing the 
        signatures of at least 10,000 registered voters 
        (Sec. Sec. 115.315(2) & (5), 115.321(1) & (3)). A new 
        party shall also submit a certified list of all its 
        candidates and the office each seeks (Sec. 115.327). 
        The Secretary of State shall not accept for filing any 
        petition for the formation of a new party or for the 
        nomination of an independent candidate which is 
        submitted prior to 8 a.m. on the day immediately 
        following the general election next preceding the 
        general election for which the petition is submitted or 
        which is submitted after 5 p.m. on the fifteenth Monday 
        immediately preceding the general election for which 
        the petition is submitted (Sec. 115.329(1)).
          Declaration of candidacy.--Each petition for the 
        nomination of an independent candidate or the formation 
        of a new party must be accompanied by a declaration of 
        candidacy for each candidate to be nominated by 
        petition or by the party, stating that the candidate is 
        legally qualified to hold the office he seeks 
        (Sec. 115.327).
Filing Fees and Assessments (Sec. 115.357, Supp.).
          Amount.--$200.
          Date of payment.--Before filing declaration of 
        candidacy.
          To whom paid.--To the treasurer of the State central 
        committee of the political party.
          Exceptions.--(1) Any person who cannot pay the fee 
        required to file as a candidate may have the fee waived 
        by filing a declaration of inability to pay and a 
        petition with his declaration of candidacy. (2) No 
        filing fee shall be required of any person who proposes 
        to be an independent candidate, the candidate of a new 
        party, or a candidate for presidential elector 
        (Sec. 115.357(4)).
Crossfiling by Candidates.
          Prohibited. No person who files as a party candidate 
        for nomination or election to an office shall, without 
        withdrawing, file as another party's candidate or an 
        independent candidate for nomination or election to the 
        office for the same term. No person who files as an 
        independent candidate for election to an office shall, 
        without withdrawing, file as a party candidate for 
        nomination or election to the office for the same term. 
        No person shall file for one office and, without 
        withdrawing, file for another office to be filled at 
        the same election (Sec. 115.351).
Write-in Provisions.
          Not permitted in primary (Sec. 115.395(3)). Permitted 
        in general election (Sec. 115.439(3)), on voting 
        machines and electronic devices (Sec. Sec. 115.225(2); 
        115.231(3)).
Vacancy in Office.
          Whenever a vacancy in the office of Senator of the 
        United States occurs, the Governor shall appoint a 
        person to fill such vacancy who shall continue in 
        office until a successor shall have been duly elected 
        and qualified according to law (Sec. 105.040).

                                Montana

    Unless otherwise specified, references are to the Montana Code 
                            Annotated 1997.

    The State of Montana will not be holding senatorial 
elections in 1998. The following statutory provisions are 
listed for future reference.
Primary Elections, when held.
          First Tuesday after first Monday in June before the 
        general elections (Sec. 13-1-107(1)). (June 2, 1998).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Declaration of nomination.--No sooner than 135 days 
        before the election in which the office first appears 
        on the ballot and no later than 5 p.m. 75 days before 
        the primary (March 19, 1998) (Sec. 13-10-201(6)). File 
        with Secretary of State (Sec. 13-10-201(2)(a)).
          Independent and minor party candidates
          Nominating petitions.--Nominations for public office 
        by an independent candidate or
          A political party that does not qualify to hold a 
        primary election may be made by a petition for 
        nomination in a form prescribed by the Secretary of 
        State, signed by a number of registered voters equal to 
        5 percent or more of the total votes cast for the 
        successful candidate for the same office at the last 
        general election, and filed with the Secretary of State 
        before the primary election. Each sheet of a petition 
        must contain signatures of electors residing in only 
        one county. The petition must be presented to the 
        election administrator of the county in which the 
        signatures were gathered to be verified under the 
        procedures provided in 13-27-303 through 13-27-306. The 
        election administrator shall forward the verified 
        petition to the Secretary of State. The petition must 
        be submitted to the election administrator at least 1 
        week before the deadline for submitting the verified 
        petition to the Secretary of State (Sec. Sec. 13-10-
        501, 13-10-502, 13-10-503).
          Write-in Candidate (Sec. 13-10-204).
          Declaration of intent.--A person seeking to become a 
        write-in candidate in any election shall file a 
        declaration of intent with the Secretary of State no 
        later than 5 p.m. on the 15th day before the election 
        (Sec. 13-10-211).
          Declaration of acceptance of nomination.--Within ten 
        days after canvass, file with Secretary of State 
        (Sec. 13-10-204).
          Number of write-in votes required.--At least 5 
        percent of the votes cast for successful candidate for 
        United States Senator at last preceding general 
        election (Sec. 13-10-204).
Filing Fees and Assessments
          Amount for party, minority party, independent, and 
        write-in candidates.--One percent of annual salary 
        (Sec. 13-10-202(3)).
          Date of payment.--No later than 5 p.m. 75 days before 
        the primary (Sec. 13-10-201(6)). For minor party and 
        independent candidates, before the primary election 
        (Sec. 13-10-503). For write-in candidates, no later 
        than 10 days after official primary canvass (Sec. 13-
        10-204).
          To whom paid.--Secretary of State (Sec. 13-10-
        201(2)(a)).
          Indigent candidates.--If a candidate is unable to pay 
        the filing fee, he may submit in lieu thereof a 
        verified statement that he is unable to pay the fee 
        and, if a candidate for party nomination, a nomination 
        petition signed by at least 5 percent of the total vote 
        cast for the successful candidate for U.S. Senator at 
        the last general election (Sec. 13-10-203).
Crossfiling by Candidates.
          No candidate shall have his name printed on more than 
        one ticket. If nominated on more than one ticket, 
        candidate shall make a choice of tickets by filing 
        written document with Secretary of State within 10 days 
        after nomination (Sec. 13-10-303).
          An individual who has filed as an independent 
        forfeits his place on the general election ballot as an 
        independent candidate if he accepts a write-in 
        nomination (Sec. 13-10-305).
Write-in Provisions.
          Permitted in primary and in general election 
        (Sec. 13-12-208); on voting machines (Sec. 13-17-
        103(7)).
Vacancy in Office.
          If a vacancy occurs, an election to fill the vacancy 
        shall be held at the next general election. If the 
        election is invalid or not held at that time, the 
        election to fill the vacancy shall be held at the next 
        succeeding general election. The Governor may make a 
        temporary appointment to fill the vacancy until an 
        election is held (Sec. 13-25-202).

                                Nebraska

Unless otherwise designated, references are to the Revised Statutes of 
          Nebraska 1993 and to the 1996 Cumulative Supplement.

    The State of Nebraska will not be holding a senatorial 
election in 1998. The following statutory provisions are listed 
for future reference.
Primary Elections, when held.
          First Tuesday after second Monday in May in even-
        numbered years (Sec. 32-505). (May 11, 1998).
          Primary Candidates.--Any candidate may place his or 
        her name on the primary election ballot by filing a 
        candidate filing form with the Secretary of State. 
        Candidate filing forms for incumbents must be filed by 
        February 15 before the primary election. All other 
        candidates must file such form by March 1st prior to 
        the date of the primary (Sec. 32-606). A filing fee of 
        one percent of the annual salary for the office of U.S. 
        Senator shall be paid prior to filing for office (32-
        608(1), (2)(a)).
          No person shall be allowed to file a candidate filing 
        form as a partisan candidate or to have his or her name 
        placed upon a primary election ballot of a political 
        party unless (1) he or she is a registered voter of the 
        political party and (2) at the last election the 
        political party polled at least 5 percent of the entire 
        vote in the state, county, political subdivision, or 
        district in which the candidate seeks the nomination 
        for office. (Sec. 32-610).
          Twenty-five registered voters of the same political 
        party may seek to have a person's name placed on the 
        primary election ballot as a partisan candidate by 
        filing an affidavit stating that they are registered 
        voters, the political party with which they are 
        registered, the name of the proposed candidate, and 
        that the proposed candidate is a registered voter of 
        the same political party. The affidavit shall be filed 
        in the same manner and with the same filing officer as 
        provided for candidate filing forms. The proposed 
        candidate shall, within 5 days from the date of the 
        filing of the affidavit, file a candidate filing form 
        stating that he or she is a registered voter and is 
        affiliated with the political party named in the 
        affidavit. If the candidate filing form is not filed 
        within such 5-day period, the name of the candidate 
        shall not be placed upon the primary election ballot 
        (Sec. 32-611).
Independent and Third Party Candidacies For Nomination For 
        General Election
          Any registered voter who was not a candidate in the 
        primary election may have his or her named placed on 
        the general election ballot by filing nominating 
        petitions or by nomination by political party 
        convention or committee. (Sec. 32-616). The nominating 
        petition must be signed by 2,000 registered voters of 
        the State (32-618(2)(a)). The nomination petition with 
        the required signatures must be filed by September 1st 
        in the general election year along with the required 
        filing fee of 1 percent of the annual salary for the 
        office of U.S. Senator (Sec. 32-617).
Filing Fees and Assessments.
          By primary candidates and by candidates by petition 
        (Sec. 32-608(2)(a)).
          Amount.--One percent of annual salary.
          Date of payment.--Prior to filing for office.
          To whom paid.--County treasurer of county of 
        candidate's residence. (Sec. 32-608).
Crossfiling by Candidates.
          Prohibited. No registered voter, candidate, or 
        proposed candidate shall swear falsely as to political 
        party affiliation or shall swear that he or she 
        affiliates with two or more political parties. Any 
        candidate who swears falsely as to political party 
        affiliation or swears that he or she affiliates with 
        two or more political parties shall not be the 
        candidate of such party and shall not be entitled to 
        assume the office for which he or she filed even if he 
        or she receives a majority or plurality of the votes 
        therefor at the following general election. The name of 
        a candidate shall not appear printed on more than one 
        political party ballot. A candidate who is a registered 
        voter of one political party shall not accept the 
        nomination of another political party (Sec. 32-
        612(2)(3)).
Write-in Provisions.
          A blank space shall be provided at the end of each 
        office division on the ballot for registered voters to 
        write in the name of any person for whom they wish to 
        vote and whose name is not printed upon the ballot. The 
        Secretary of State shall approve write-in space for 
        voting machines and punch card and optical-scan 
        ballots. (Sec. 32-816).
Vacancy in Office.
          When a vacancy occurs in the representation of the 
        State of Nebraska in the Senate of the United States, 
        the office shall be filled by the Governor. The 
        Governor shall appoint a suitable person possessing the 
        qualifications necessary for senator to fill such 
        vacancy. If the vacancy occurs within 60 days of a 
        regular general election and if the term vacated 
        expires on the following January 3, the appointee shall 
        serve until the following January 3, and if the term 
        extends beyond the following January 3, the appointee 
        shall serve until January 3 following the second 
        regular general election next succeeding his or her 
        appointment. If the vacancy occurs more than 60 days 
        before a regular general election, the appointee shall 
        serve until January 3 following the regular general 
        election and at the regular general election a senator 
        shall be elected to serve the unexpired term if any 
        (Sec. 32-565).

                                 Nevada

Unless otherwise designated, references are to Nevada Revised Statutes 
                  Annotated (1997 Replacement Volume).

Primary Elections, when held.
          First Tuesday in September in general election years 
        (Sec. 293.175(1). (September 1, 1998).
Nominating Papers, Petitions, Etc.
          Party candidate for primary (Sec. Sec. 293.167, 
        293.177, 293.185).
          Declaration of candidacy.--File with Secretary of 
        State not earlier than the first Monday in May of the 
        year in which the election is to be held not later than 
        5 p.m. on the third Monday in May (Sec. 293.177).
          Certificate of Candidacy--Ten or more registered 
        voters of his party may file with Secretary of State 
        not earlier than the first Monday in April nor later 
        than 5 p.m. on the first Friday in May. In such a case, 
        however, candidate must file an Acceptance of 
        Nomination with the Secretary of State and at the same 
        time must pay the required filing fee (Sec. 293.180, 
        293.185).
          Independent candidate. (Sec. 293.200).
          Petition of candidate.--Signatures are required of 
        electors in the State, equal in number to at least 1 
        percent of entire State vote cast in last general 
        election. File with Secretary of State not earlier than 
        the first Monday in May and not later than 5 p.m. on 
        the third Tuesday in August (Sec. 293.200, 293.185).
Filing Fees and Assessments.
          For party candidates and for independents 
        (Sec. 293.193).
          Amount.--$500.
          Date of payment.--At time of filing nomination papers 
        by candidate.
          To whom paid.--Secretary of State.
Crossfiling by Candidates.
          Prohibited.--Candidate required to support party. 
        Person cannot be a candidate for party nomination in a 
        primary election if he has changed the designation of 
        his political party affiliation on an official 
        affidavit of registration in Nevada or in any other 
        State since September 1 prior to the closing filing 
        date for the election (Sec. 293.176).
          Candidate must swear that he has not changed the 
        designation of his political party affiliation since 
        September 1 prior to the closing filing date for the 
        election (Sec. 293.177).
Write-in Provisions.
          Not permitted. (Sec. 293.270.)
Vacancy in Office.
          If a vacancy occurs due to death, resignation or 
        otherwise, the Governor may appoint some qualified 
        person to fill the vacancy, who shall hold office until 
        the next general election and until his successor shall 
        be elected and seated (Sec. 304.030).

                             New Hampshire

Unless otherwise designated references are to the New Hampshire Revised 
    Statutes Annotated (1996) and to the 1997 Cumulative Supplement.

Primary Elections, when held.
          Second Tuesday in September of every even-numbered 
        year (Sec. 653:8). (September 8, 1998.)
Nomination Papers, Petitions, Etc.
          Party candidate for primary
          Declaration of candidacy.--File with Secretary of 
        State between the first Wednesday in June and the 
        Friday of the following week. (Sec. Sec. 655:14, 
        655:15, 655:17.)
          Voluntary spending limits.--A 1989 election statute 
        sets a $500,000 voluntary spending limit for the 
        primary election and a $500,000 voluntary spending 
        limit for the general election for U.S. senatorial 
        candidates. If the U.S. senatorial candidates 
        voluntarily agree to such spending limits, they will 
        not be required to pay a filing fee and obtain 
        notarized signatures by party members on nominating 
        petitions. Those U.S. senatorial candidates not 
        agreeing to voluntarily abide by such spending limits, 
        will be required to pay a $5,000 filing fee and obtain 
        2,000 notarized signatures from members of their 
        political party. These requirements would have to be 
        met in order to attain ballot access and would have to 
        be filed with the Secretary of State by the filing 
        deadline (Sec. Sec. 655:19-655:19-b).
          Primary petitions and assent to candidacy.--
        Signatures on separate petitions are required of 2,000 
        voters who are members of the candidate's party 
        (Sec. Sec. 655:21, 655:22). Petitions must be 
        accompanied by written assent to candidacy 
        (Sec. 655:25). File with Secretary of State (in person 
        if filing on last day) (Sec. Sec. 655:14, 655:15, 
        655:16).
          Filing fee.--In lieu of filing primary petitions and 
        an assent to candidacy, a candidate may pay a filing 
        fee of $5,000 at the time of filing declaration of 
        candidacy (Sec. 655:19).
          Independent candidate
          Nomination papers.--Separate signed petitions of 
        3,000 qualified voters of the State, 1,500 from each 
        U.S. congressional district in the State, are required 
        (Sec. Sec. 655:40, 655:42). File with Secretary of 
        State no later than 5 p.m. on the Wednesday one week 
        before the primary (Sec. 655:43).
          Declaration of intent.--Candidates who intend to have 
        their names placed on the general election ballot by 
        means other than nomination by party primary shall file 
        a declaration of intent with the Secretary of State 
        between the first Wednesday in June and the Friday of 
        the following week (Sec. 655:14-a).
Filing Fees and Assessments (required of candidates who file a 
        declaration of candidacy (Sec. 655:19). The filing fee 
        is $5,000 for a candidate for the U.S. Senate.
Crossfiling by Candidates.
          Prohibited.--Candidate required to be affiliated with 
        political party (Sec. 655:14).
          A person nominated by the same party for incompatible 
        offices must notify the Secretary of State within 5 
        days from the date of the primary of which nomination 
        he will accept (Sec. 659:91).
          A defeated party candidate in a primary election may 
        not run as the nominee of a different political party 
        in the general election (Sec. 659:91-a).
Write-in Provisions.
          Permitted in primary (Sec. 656:23) and in general 
        elections (Sec. 656:12 and see generally Sec. 659:88).
Vacancy in Office.
          If a vacancy occurs, the Governor shall fill the 
        vacancy by temporary appointment until it is filled at 
        the next general election (Sec. 661:5).

                               New Jersey

  Unless otherwise designated, references are to New Jersey Statutes 
    Annotated (1989) and to the 1997 Cumulative Annual Pocket Part.

    The State of New Jersey will not be holding a senatorial 
election in 1998. The following statutory provisions are listed 
for future reference.
Primary Elections, when held.
          Tuesday after first Monday in June (Sec. 19:23-40). 
        (June 2, 1998).
Nominating Papers, Petitions, Etc.
          Nominating petition and acceptance of nomination, 
        with oath of allegiance annexed (see generally 
        Sec. Sec. 19:13-7, 19:13-8).
          Party candidate for primary.--Signatures of 1,000 
        voters of his party are required (Sec. Sec. 19:23-5, 
        19:23-7, 19:23-8). File with Secretary of State by 4 
        p.m. of the 54th day prior to primary (Sec. Sec. 19:13-
        9, 19:23-14).
          New and minor party candidate and independent 
        candidate.--(See Sec. 19:13-4, par. 3; Sec. 19:1-1, 
        definition of ``Political Party.'') Independent filing 
        deadline is 4 p.m. on the 54th day preceding the 
        primary election.
          Signatures equal to 2 percent of the vote cast for 
        General Assembly members at the last general election 
        are required (Sec. Sec. 19:13-5, 19:13-8).
          File at least 54 days before primary, along with 
        certificate of consent of candidate (Sec. 19:13-9), 
        with the Secretary of State (Sec. 19:13-3).
          Write-in candidate.--Person nominated at primary by 
        write-in votes must file with Secretary of State, 
        certificate of acceptance with oath of allegiance 
        annexed (Sec. 19:23-16).
Filing fees and Assessments.--No statutory provision.
Crossfiling by Candidates.
          Prohibited.--Candidate who chooses to seek nomination 
        in primary election is precluded from subsequent 
        attempt at nomination by direct petition. Riecker v. 
        Hartmann, 130 N.J. Super. 266, 326 A. 2d 101 (1974).
          If nominated by more than one political party or 
        group, candidate must choose one (Sec. Sec. 19:13-8, 
        19:14-9).
Subversive Parties Barred from Ballot.
          Advocating overthrow of Government by force.--Oath of 
        allegiance by candidates (Sec. Sec. 19:23-7, 19:23-15, 
        19:23-16, 41:1-1, 41:1-3).
Write-in Provisions.
          Permitted in primary (Sec. 19:23-25) and general 
        elections (Sec. Sec. 19:14-4(4); 19:14-6, 19:15-28; 
        19:16-3(d)); voting machines (Sec. 19:48-1(m)); 
        electronic voting systems (Sec. Sec. 19:53A-3, 19:53A-
        5).
Vacancy in Office.
          If a vacancy occurs, the Governor shall issue a writ 
        of election to fill the same unless the term of service 
        of the person whose office shall become vacant will 
        expire within 6 months next after the happening of the 
        vacancy (Sec. 19:27-4). If the vacancy shall happen 
        within 64 days next preceding the primary prior to the 
        general election, it shall be filled by election at the 
        second succeeding election unless the Governor shall 
        deem it advisable to call a special election therefor 
        (Sec. 19:27-6).
          The Governor may make a temporary appointment of a 
        Senator whenever a vacancy shall occur by reason of any 
        cause other than the expiration of the term; and such 
        appointee shall serve as such Senator until a special 
        election or general election shall have been held 
        pursuant to law and the board of state canvassers can 
        deliver to his successor a certificate of election 
        (Sec. 19:3-26).

                               New Mexico

Unless otherwise designated, references are to New Mexico Statutes 1978 
                and to the 1997-98 Replacement Pamphlet.

    The State of New Mexico will not be holding a senatorial 
election in 1998. The following statutory provisions are listed 
for future reference.
Primary Elections, when held.
          First Tuesday in June of each even-numbered year 
        (Sec. 1-8-11). (June 2, 1998).
Nominations, Papers, Petitions, Etc.
          Party candidate for primary
          A ``major political party'' is defined by Sec. 1-1-9 
        as a party, any of whose candidates received 5 percent 
        of the total number of votes cast at the last preceding 
        general election for Governor or President.
          Declarations of candidacy.--File with the Secretary 
        of State between 9 a.m. and 5 p.m. on second Tuesday in 
        February of each even-numbered year (Sec. Sec. 1-8-25, 
        1-8-26).
          Nominating petition.--A nominating petition, signed 
        by a number of voters equal to at least 3 percent of 
        the vote of the candidates party in the state (Sec. 1-
        8-33).
Minor parties.
          A ``minor political party'' is defined by Sec. 1-1-9 
        as a party, none of whose candidates received 5 percent 
        or more of the total number of votes cast at the last 
        preceding general election for Governor or President. 
        If the minor party rules require nomination by 
        convention, the chairman and the Secretary of the State 
        political convention, shall certify to the Secretary of 
        State the name of the party's nominee on the second 
        Tuesday in July before the general election (Sec. 1-8-
        2). The certificate must be accompanied by a petition 
        containing a list of signatures and addresses of voters 
        totaling not less than 1 percent of the total vote cast 
        at the last preceding general election for Governor or 
        President (Sec. 1-8-2).
Independent candidates.
          Nominating petition.--Signed by a number of voters 
        equal to at least 3 percent of the total number of 
        votes cast in the State for Governor at the last 
        preceding general election at which a Governor was 
        elected (Sec. 1-8-51). The voter shall not sign a 
        petition for an independent candidate if he has signed 
        a petition for another independent candidate for the 
        same office (Sec. 1-8-51).
          Such petitions shall be filed with the Secretary of 
        State during the period commencing at 9 a.m. on the 
        second Tuesday of July of each even-numbered year and 
        ending at 5 p.m. of the same day (Sec. 1-8-52).
          Declaration of candidacy.--Candidate shall swear that 
        he has declined to designate his party affiliation and 
        has not changed his declination subsequent to the date 
        of issuance of the governor's proclamation for the 
        primary election in the year of the general election at 
        which he seeks to be a candidate (Sec. 1-8-48).
Filing Fees and Assessments.--No statutory provision.

Crossfiling by Candidates.
          Prohibited.--No person may become a candidate for 
        nomination by a party unless his record or registration 
        shows his affiliation with that party and residence 
        within New Mexico on the date of the Governor's 
        proclamation for the primary (Sec. Sec. 1-8-18, 1-8-
        29).
          If a person has been a candidate for the nomination 
        of a party in the primary, he shall not have his name 
        printed on the ballot at the next succeeding general 
        election under any party name except the name of the 
        party designated on his declaration of candidacy filed 
        for the primary (Sec. 1-8-19).
          No person shall be a candidate in the primary for 
        more than one office except that a person may be a 
        candidate for both the expiring term and the next 
        succeeding term for an office when both terms are to be 
        voted upon at the next succeeding general election 
        (Sec. 1-8-20).
Write-in Provisions.
          Permitted in primary under certain conditions 
        (Sec. 1-8-36.1).
          Permitted in general elections (Sec. 1-12-19.1); on 
        voting machines (Sec. 1-12-19.1).
Vacancy in Office.
          If a vacancy occurs, the Governor shall make a 
        temporary appointment to fill the vacancy until such 
        time as an election is held to fill the vacancy for the 
        unexpired term.
          The election to fill the vacancy for the unexpired 
        term shall be held at the next general election 
        occurring not less than thirty (30) days subsequent to 
        the happening of such vacancy.
          If the vacancy occurs within thirty (30) days next 
        preceding a general election, the person appointed by 
        the Governor to fill the vacancy shall hold office 
        until the next general election occurring more than 
        thirty (30) days subsequent to the happening of the 
        vacancy unless the term of office for such Senator 
        shall sooner expire.
          Candidates to fill a vacancy in the office of United 
        States Senator for an unexpired term shall be nominated 
        and elected in the same manner as candidates are 
        nominated and elected for the full term (Sec. 1-15-14).

                                New York

 Unless other designated, references are to McKinney's Election Law of 
 New York (1978) and to the 1997-1998 Interim Cumulative Annual Pocket 
                                 Part.

Primary Elections, when held.
          First Tuesday after second Monday in September 
        (Sec. 8-100) (September 15, 1998).
          Nomination for United States Senator is made by party 
        State committee or by the enrolled voters of the party 
        (Sec. 6-104).
Nominating Papers, Petitions, Etc.
          Party candidate.
          Certificate of nomination.--State party committee may 
        designate a candidate for U.S. Senate by majority vote 
        at a meeting held not earlier than twenty-one days 
        before the first day to sign designating petitions and 
        not later than the first day to sign designating 
        petitions for the primary election (Sec. 6-104).
          Each committee member casts number of votes in 
        accordance with ratio which number of votes cast for 
        party's candidate and governor in committee member's 
        assembly district in preceding gubernatorial election 
        bears to total party vote cast for governor in the 
        entire State in that election (Sec. 6-104). Name of the 
        candidate who has received the designation of the state 
        committee and the office for which designated shall be 
        filed with the State Board of Election within four days 
        after such meeting (Sec. 6-104).
          Other party candidates, who received 25 percent or 
        more of total vote cast by party State committee on any 
        one balloting, shall also be filed by the committee 
        with the State Board of Elections at the same time 
        (Sec. 6-104.7). Such persons may be placed on party 
        primary ballot by making written demand to the State 
        Board of Elections not later than 7 days after party 
        state committee meeting (Sec. 6-104.2).
          Petition by enrolled party members may also be used 
        to have candidate's name placed on primary ballot 
        (Sec. 6-104.5). Petition must be signed by not less 
        than 15,000 or 5 percent, whichever is less, of 
        enrolled party voters within the state of whom not less 
        than 100 or 5 percent, whichever is less, of such 
        enrolled voters shall reside in each of one-half of the 
        congressional districts of the State (Sec. 6-136.1). 
        Petition shall be filed with the State Board of 
        Elections not earlier than the 10th Monday and not 
        later than the 9th Thursday before the primary 6-
        158.1).
          If more than one candidate is designated for the 
        nomination of a party for the office of U.S. Senator, 
        the party nomination shall be made at the primary 
        election (Sec. 6-160.1).
          Independent candidate.
          Nominating petition.-- Signatures of at least 15,000 
        voters required, of whom at least 100 shall reside in 
        each of one-half of the congressional districts of the 
        State (Sec. 6-142.1). File not earlier than 12 weeks 
        and not later than 11 weeks preceding the general 
        election (Sec. 6-158(9) with the State Board of 
        Elections (Sec. 6-144).
          First nominations by new party may be made in such 
        manner as the party rules provide (Sec. 6-128.1). An 
        independent body becomes a party when its candidate for 
        Governor at the last preceding gubernatorial election 
        polled at least 50,000 votes (Sec. 1-104.3).
          Certificate of acceptance of party nomination.-- If 
        nominated by party of which he is not a duly enrolled 
        member, or if nominated by more than one party or 
        independent body, such person shall file a certificate 
        accepting the nomination as a candidate of each such 
        party or independent body other than that of the party 
        with which he is enrolled (Sec. 6-146.1). File with the 
        State Board of Elections (Sec. 6-144) not later than 
        the third day after the 11th Tuesday preceding the 
        general election (Sec. 6-158.11).
Filing Fees and Assessments.--No statutory provision.
Crossfiling by Candidates.
          Candidate must be enrolled member of party at time 
        State party committee files certificate of nomination 
        or when designating petition for primary is filed by 
        party members (Sec. 6-120.1 and .2). However, the State 
        committee of a party, at a meeting, may by a majority 
        vote of those present authorize the nomination of a 
        person who is not so enrolled (Sec. 6-120.3). If 
        nominated by party of which he is not a duly enrolled 
        member, a candidate shall file a certificate accepting 
        the nomination as a candidate of such party or 
        independent body other than of the party with which he 
        is enrolled (Sec. 6-146.1).
Write-in Provision.
          Permitted in primary (Sec. 7-114g) and in general 
        election (Sec. 7-104), on voting machines (Sec. Sec. 8-
        308; 7-104.7).
Vacancy in Office.
          At the general election next preceding the expiration 
        of the term of office of a United States Senator from 
        this state, a United States Senator shall be elected by 
        the people for a full term of 6 years. Elections to 
        fill a vacancy for an unexpired term shall be held as 
        provided in the public officers law (Sec. 12-200).
          If a vacancy occurs in any even-numbered calendar 
        year on or after the 59th day prior to an annual 
        primary election, the Governor shall make a temporary 
        appointment to fill such vacancy until the third day of 
        January in the year following the next even-numbered 
        calendar year. If such vacancy occurs in any even-
        numbered calendar year on or before the 60th day prior 
        to an annual primary election, the Governor shall make 
        a temporary appointment to fill such vacancy until the 
        third day of January in the next calendar year. If a 
        vacancy occurs in any odd-numbered year, the Governor 
        shall make a temporary appointment to fill such vacancy 
        until the third day of January in the next odd-numbered 
        calendar year. Such an appointment shall be evidenced 
        by a certificate of the Governor which shall be filed 
        in the Office of the State Board of Elections along 
        with a writ of election (McKinney's Public Officers 
        Law, Sec. 42.4-a).

                             North Carolina

 Unless otherwise designated, references are to North Carolina General 
        Statutes (1991), and to the 1996 Cumulative Supplement.

Primary Elections, when held.
          Tuesday next after the first Monday in May (Sec. 163-
        1(b)). (May 5, 1998).
Second Primary (runoff), when held.
          In case no candidate receives a majority, or in case 
        of a tie between two candidates or more, a second 
        primary shall be held 4 weeks after the first primary 
        (Sec. 163-111(e)). (June 2, 1998).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Notice of candidacy and pledge not to run as write-in 
        candidate if defeated in the primary.--File with State 
        Board of Elections no earlier than 12 noon on the first 
        Monday in January and no later than 12 noon on the 
        first Monday in February preceding the primary 
        (Sec. 163-106(c)).
          Independent candidate
          Nominating petition accompanied by affidavit of 
        candidate that he seeks independent nomination and is 
        not affiliated with any political party.--Signatures 
        are required of at least 2 percent of total number of 
        registered voters in the State. File with State Board 
        of Elections on or before 12 noon on the last Friday in 
        June (Sec. 163-122(a)(1)).
Filing Fees and Assessments (Sec. 163-107).--Required of 
        candidates in primary.
          Amount.--One percent of annual salary.
          Date of payment.--Time of filing notice of candidacy.
          To whom paid.--State Board of Elections.
          The petition must be filed with the State Board of 
        Elections not later than 12 noon on the first Monday in 
        February (Sec. 163-107(a)).
Crossfiling by Candidates.
          Prohibited. Candidate must be affiliated with party 
        whose nomination he seeks, and must pledge that if 
        defeated in the primary he will not run for any office 
        as a write-in candidate in the next general election 
        (Sec. 163-106).
Write-in Provisions.
          Permitted in general election only (Sec. 163-151).
Vacancy in Office.
          Whenever there shall be a vacancy in the office of 
        United States Senator from this State, whether caused 
        by death, resignation, or otherwise than by expiration 
        of term, the Governor shall appoint to fill the vacancy 
        until an election shall be held to fill the office. The 
        Governor shall issue his writ for the election of a 
        Senator to be held at the time of the first election 
        for members of the General Assembly that is held more 
        than 60 days after the vacancy occurs. The person 
        elected shall hold office for the remainder of the 
        unexpired term. The election shall take effect from the 
        date of the canvassing of the returns (Sec. 163-12).

                              North Dakota

 Unless otherwise designated, references are to the 1997 North Dakota 
                        Century Code Annotated.

Primary Elections, when held.
          Second Tuesday in June in general election years 
        (Sec. 16.1-11-01). (June 9, 1998).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Candidate's petition, accompanied by candidate's 
        affidavit that he seeks nomination of certain political 
        party.--Signatures of legal voters of his party are 
        required, equal in number to 3 percent of the total 
        vote cast for candidates of such party for the same 
        position at the last general election, but not more 
        than 300 signatures may be required. (Sec. 16.1-11-06). 
        A candidate's affidavit must accompany the petition. 
        (Sec. 16.1-11-10). File with Secretary of State, not 
        more than 70 nor less than 60 days before the primary 
        and before 4 p.m. of the 60th day (Sec. 16.1-11-06).
          A certificate of endorsement in lieu of a candidate's 
        petition may be filed as above; such certificate must 
        be signed by the state chairman of a legally recognized 
        political party. The certificate must state the 
        candidate's name, address, the title of the office to 
        which he aspires, and the party he represents 
        (Sec. 16.1-11-06.1).
          Independent candidate
          Certificate of nomination.--1000 signatures are 
        required of qualified electors residing in the State 
        (Sec. 16.1-12-02). File with the Secretary of State not 
        later than 4 p.m. of the 60th day before general 
        election (Sec. 16.1-12-04).
Filing Fees and Assessments.--No statutory provisions.
Crossfiling by Candidates.
          Prohibited. Must represent the party whose nomination 
        he seeks (Sec. 16.1-11-10). If nominated by more than 
        one party, candidate must make a selection (Sec. 16.1-
        12-06). A defeated primary candidate is ineligible to 
        have his name printed on the general election ballot as 
        candidate for the same office (Sec. 16.1-13-06).
Write-in Provisions.
          Permitted in primary (Sec. 16.1-11-35); however, no 
        person shall be deemed nominated at any primary 
        election unless the number of votes received by him 
        equals the number of signatures needed on the petition 
        to have a candidate's name printed on the primary 
        ballot (Sec. Sec. 16.1-11-36, 16.1-13-25).
Vacancy in Office.
          When a vacancy occurs in the office of United States 
        senator from this state, the governor shall issue a 
        writ of election to fill the vacancy at the next 
        statewide primary or general election, whichever occurs 
        first, and that occurs at least ninety days after the 
        vacancy. However, if the next primary or general 
        election at which the vacancy could be filled, occurs 
        in the year immediately preceding the expiration of the 
        term, then no election may be held. The governor, by 
        appointment, may fill the vacancy temporarily, but any 
        person so appointed shall serve only until the vacancy 
        is filled by election or until the term expires if no 
        election can be held (Sec. 16.1-13-08).

                                  Ohio

  Unless otherwise indicated, references are to the Ohio Revised Code 
     Annotated, (1996 Replacement Volume) and to the 1997 Bulletin.

Primary Elections, when held.
          On the third Tuesday in March 1996 and every fourth 
        year thereafter (March 17, 1998) (Sec. 3513.01(A)).
Nominating Papers, Petitions, Etc.
          Party candidates for primary
          Declaration of candidacy and petition 
        (Sec. Sec. 3513.04, 3513.05, 3513.07).--Signatures 
        required of at least 1,000 qualified voters of his 
        party. File with Secretary of State, not later than 4 
        p.m. of the 75th day before primary.
          Independent candidates
          Nomination petition and statement of candidacy.--Must 
        have no less than 5,000 signatures. File with Secretary 
        of State not later than 4 p.m. of the day before the 
        primary election (Sec. 3513.257).
Filing Fees and Assessments (Sec. 3513.10, Supp.).
          By all candidates. including independent and write-in 
        candidates.
          Amount.--$100.
          Date of payment.--At time of filing nominating papers 
        or declaration of intent to be a write-in candidate.
          To whom paid.--Secretary of State.
Crossfiling by Candidates.
          Prohibited.--Candidate required to support party 
        (Sec. 3513.07). No person shall be a candidate for 
        nomination or election at a party primary if he voted 
        in the primary of a different party within the current 
        year and the next preceding two calendar years 
        (Sec. 3513.191). Person who seeks party nomination in 
        primary by declaration of candidacy shall not be 
        permitted to become a candidate at the following 
        general election for any office by nominating petition 
        or by write-in (Sec. 3513.04).
Subversive Parties Barred from Ballot.
          Advocating overthrow of Government by force--Parties 
        or groups engaged in un-American activities are barred 
        from the ballot (Sec. 3517.07). Where the state 
        legislature made extensive revisions in Ohio election 
        laws after a political party brought suit challenging 
        such laws, so that all issues became moot except one 
        (whether the requirement of filing a loyalty oath was 
        constitutional), a federal court will not exercise 
        jurisdiction in view of the abstract and speculative 
        posture of the case. Socialist Labor Party v. Gilligan, 
        406 U.S. 583, 32 L.Ed.2d 24, 92 S.Ct. 1716.
Write-in Provisions.
          Permitted in primary (Sec. Sec. 3513.14, 3513.23) and 
        in general election; but write-in votes shall not be 
        counted for any candidate who has not filed a 
        declaration of intent to be a write-in candidate. File 
        such declaration with Secretary of State before 4 p.m. 
        of the 50th day preceding the election (Sec. 3513.041).
          Statutes provide for write-ins on voting machines--
        (Sec. 3506.10(B)), and on punch card voting systems--
        (Sec. 3506.06(B)).
          Candidate defeated in primary may not become a 
        candidate at the following general election by 
        nominating petition or by write-ins (Sec. 3513.04).
Vacancy in Office.
          If a vacancy occurs, the Governor shall make a 
        temporary appointment of some suitable person having 
        the necessary qualifications for Senator. The appointee 
        shall hold office until the 15th of December succeeding 
        the next regular state election which occurs more than 
        180 days after such vacancy happens. At that next 
        regular state election, a special election to fill the 
        vacancy shall be held, provided, that when the 
        unexpired term ends within 1 year immediately following 
        the date of such regular state election the appointment 
        shall be for the unexpired term (Sec. 3521.02).

                                Oklahoma

    Unless otherwise indicated, references are to the 1991 Oklahoma 
Statutes Annotated, Title 26, and to the 1998 Cumulative Annual Pocket 
                                 Part.

Primary Elections, when held.
          Fourth Tuesday in August in even-numbered years 
        (Sec. 1-102). (August 25, 1998).
          Second (Runoff) Primary, when held.
          If no candidate receives a majority of the votes 
        cast, a second (runoff) primary shall be held on the 
        third Tuesday in September (Sec. 1-103). (September 15, 
        1998).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Declaration of candidacy.--File with Secretary of the 
        State Election Board during period beginning the first 
        Monday after July 4 and remaining open until 5 p.m. on 
        the next succeeding Wednesday (Sec. Sec. 5-102, 5-110, 
        5-111).
          Petition supporting candidate's filing.--A 
        declaration of candidacy must be accompanied by a 
        petition supporting a candidate's filing signed by 5 
        percent of the registered voters eligible to vote for a 
        candidate in the first election wherein the candidate's 
        name could appear on the ballot, as reflected by the 
        latest January 15 registration report, or by a 
        cashier's check or certified check in the amount of 
        $1,000 for candidates filing with the Secretary of the 
        State Election Board (Sec. 5-112).
          New party candidates
          Only candidates of ``recognized political parties,'' 
        i.e., those appearing on the general election ballot or 
        those which are formed according to law may file for 
        party nomination (Sec. Sec. 5-104, 1-107).
          To file as a candidate for nomination by a political 
        party to any state or county office, a person must have 
        been a registered voter of that party for the 6-month 
        period immediately preceding the first day of the 
        filing period prescribed by law and, under oath, so 
        state. Provided, this requirement shall not apply to a 
        candidate for the nomination of a political party which 
        attains recognition less than 6 months preceding the 
        first day of the filing period required by law. 
        However, the candidate shall be required to have 
        registered with the newly recognized party within 15 
        days after such party recognition (Sec. 5-105).
Filing Fees and Assessments (Sec. 5-112).
          May be paid by party candidates for primary in lieu 
        of a petition signed by 5 percent of voters registered 
        and eligible to vote for such candidate in the first 
        election wherein the candidate's name could appear on 
        the ballot.
          Amount.--$1,000.
          Date of payment.--When filing declaration.
          To whom paid.--Secretary of State Election Board.
          If a candidate is unopposed in the primary, becomes a 
        candidate in the runoff primary, or receives more than 
        15 percent of the votes cast for the office for which 
        he is a candidate at the first election wherein his 
        name appears on the ballot, the filing fee shall be 
        immediately returned to the candidate (Sec. 5-113).
Crossfiling by Candidates.
          To file as a candidate for nomination of a party, a 
        person must be a registered voter of the party 
        (Sec. 15-105). May file for no more than one office at 
        any election (Sec. 5-106).
Subversive Parties and Individuals Barred from Ballot.
          No provisions.
Write-in Provisions.
          No statutory provisions.
Vacancy in Office.
          Whenever a vacancy shall occur in the office of a 
        member of the United States Senate from Oklahoma, such 
        vacancy shall be filled at a special election to be 
        called by the Governor within 30 days after occurrence 
        of the vacancy. No special election shall be called if 
        the vacancy occurs after March 1 of any even-numbered 
        year if the term of the office expires the following 
        year. In this case the candidate elected to the office 
        at the regular General Election shall be appointed by 
        the Governor to fill the unexpired term (Sec. 12-101).

                                 Oregon

   Unless otherwise designated, references are to the Oregon Revised 
          Statutes Annotated, 1991 and to the 1996 Supplement.

Primary Elections, when held.
          Third Tuesday in May of each even-numbered year 
        (Sec. 254.056(2)). (May 19, 1998).
Nominating Papers, Petitions, Etc.
          (a) A nominating petition for an office to be voted 
        for in the state at large or for a candidate for 
        Representative in Congress shall contain signatures of 
        members of the same major political party as the 
        candidate. Except as provided in this subsection, there 
        shall be at least 1,000 signatures or the number of 
        signatures at least equal to two percent of the vote 
        cast in the state or congressional district, as the 
        case may be, for the candidates of that major political 
        party for presidential electors at the last 
        presidential election, whichever is less (Sec. 249.068)
          A nominating petition shall be filed not sooner than 
        the 250th day and not later than the 70th day before 
        the date of the biennial primary election 
        (Sec. 249.037). File with Secretary of State 
        (Sec. 249.035).
          Declaration of candidacy.
          In lieu of petition for nomination with required 
        number of signatures, a person can have his name 
        printed as a candidate on his party's primary ballot by 
        filing a declaration of candidacy and paying required 
        filing fee (Sec. 249.020). File with Secretary of State 
        (Sec. 249.035) not before the 250th day and not later 
        than the 70th day before the biennial primary election 
        (Sec. 249.037).
          Candidates of minor and new political parties, and 
        independent candidates
          Minor party candidates.--
          An affiliation of electors becomes a minor political 
        party in the state, a county or other electoral 
        district, qualified to make nominations for public 
        office in that electoral district and in any other 
        electoral district wholly contained within the 
        electoral district, when either of the following events 
        occurs:
          (1) When the affiliation of electors has filed with 
        the Secretary of State a petition with the signatures 
        of at least a number of electors equal to two and one-
        half percent of the number of electors registered in 
        the electoral district. The petition also shall state 
        the intention to form a new political party and give 
        the designation of it. The signatures on the petition 
        shall be certified for genuineness by the county clerk 
        under ORS 249.008. Before circulating the petition, the 
        chief sponsor of the petition shall file with the 
        Secretary of State a signed copy of the prospective 
        petition. The chief sponsor shall include with the 
        prospective petition a statement declaring whether one 
        or more persons will be paid money or other valuable 
        consideration for obtaining signatures of electors on 
        the petition. After the prospective petition is filed, 
        the chief sponsor shall notify the filing officer not 
        later than the 10th day after the chief sponsor first 
        has knowledge or should have had knowledge that:
                  (a) Any person is being paid for obtaining 
                signatures, when the statement included with 
                the prospective petition declared that no such 
                person would be paid.
                  (b) No person is being paid for obtaining 
                signatures, when the statement included with 
                the prospective petition declared that one or 
                more such persons would be paid.
          (2) When the affiliation of electors has polled for 
        any one of its candidates for any public office in the 
        electoral district, at the last general election, at 
        least one percent of the entire vote cast for 
        Representative in Congress in the electoral district 
        (Sec. 249.732).
          File certificate of nomination, accompanied by 
        candidate's acceptance of nomination, with Secretary of 
        State, not earlier than 15 days after the biennial 
        primary and not later than 70 days before the general 
        election (Sec. Sec. 249.712, 249.720, 249.722).
New party/independent candidate.--If nomination is made by a 
        convention or assembly, copy of the minutes of the 
        meeting must accompany certificate of nomination 
        (Sec. Sec. 249.720, 249.735).
          Signed copy of petition of new party, and of 
        certification of nomination of independent, must be 
        filed by chief sponsor with Secretary of State before 
        being circulated (Sec. 249.740(3)).
Filing Fees and Assessments (required only of candidates who 
        file a declaration of candidacy) (Sec. Sec. 249.056, 
        249.020).
          Amount.--$150 for U.S. senatorial candidate.
          Date of payment.--At time of filing declaration of 
        candidacy.
          To whom paid.--Secretary of State.
Crossfiling by Candidates.
          Prohibited. Candidate must declare that, if he is 
        defeated in primary, he will not accept the nomination 
        or endorsement of any party other than the one in which 
        he is registered at time of filing for nomination 
        (Sec. 249.031(g)).
          If a candidate has not been a member of the major 
        political party for at least 180 days before the 
        deadline for filing a nominating petition or 
        declaration of candidacy, the candidate shall not be 
        entitled to receive the nomination of that major 
        political party. If a candidate's registration becomes 
        inactive, the inactive status shall not constitute a 
        lapse of membership in the party if, immediately before 
        the registration became inactive, the candidate was a 
        member of the party and was not a member of any other 
        political party within the 180 days preceding the 
        deadline for filing a nominating petition or 
        declaration of candidacy. The requirement that the 
        candidate be qualified by length of membership does not 
        apply to any candidate whose 18th birthday falls within 
        the period of 180 days or to a write-in candidate. 
        (Sec. 249.046)
          Unsuccessful candidate in primary shall not be a 
        candidate of any other political party or become an 
        independent candidate at the succeeding election 
        (Sec. 249.048).
          As to candidates not nominated at primary elections, 
        the acceptance of the nominee shall either accompany 
        the certificate of nomination or it must be filed after 
        the certificate is filed but before the time for filing 
        nominations for the office has expired (Sec. 249.712). 
        Independent candidates and candidates nominated by an 
        assembly of electors must state in their certificates 
        of nomination that they were not affiliated with any 
        political party for at least 180 days before the 
        deadline for the filing certificates of nomination 
        (Sec. 249.720(e)).
Subversive Parties Barred from Ballot.
          Advocating overthrow of Government by force.--
        Sec. 236.030.
Write-in Provisions.
          Permitted in primary and general elections and on 
        voting machines (Sec. 254.145).
Vacancy in Office.
          Under Article V, Section 16 of the Constitution of 
        Oregon, if a vacancy occurs in the office of United 
        States Senator, the vacancy shall be filled at the next 
        general election provided such vacancy occur more than 
        20 days prior to such general election.
          (1) If a vacancy in election or office of 
        Representative in Congress or United States Senator 
        occurs before the 61st day before the general election, 
        the Governor shall call a special election to fill that 
        vacancy. If a vacancy in election or office of United 
        States Senator occurs after the 62nd day before the 
        general election but on or before the general election, 
        and if the term of that office is not regularly filled 
        at that election, the Governor shall call a special 
        election to fill the vacancy as soon as practicable 
        after the general election.
          (2) If a special election to fill the vacancy in 
        election or office of Representative in Congress or 
        United States Senator is called before the 80th day 
        after the vacancy occurs, each major political party 
        shall select its nominee for the office and certify the 
        name of the nominee to the Secretary of State. The 
        Secretary of State shall place the name of the nominee 
        on the ballot.
          (3) If a special election to fill the vacancy in 
        election or office of Representative in Congress or 
        United States Senator is called after the 79th day 
        after the vacancy occurs, a special primary election 
        shall be conducted by the Secretary of State for the 
        purpose of nominating a candidate of each major 
        political party. A declaration of candidacy or 
        nominating petition may be filed not later than the 
        10th day following the issuance of the writ of election 
        (Sec. 188.120).

                              Pennsylvania

  Unless otherwise designated, references are to title 25 of Purdon's 
   Pennsylvania Statutes Annotated and to the 1997 Cumulative Annual 
                              Pocket Part.

Primary Elections, when held.
          Third Tuesday in May in even-numbered years, except 
        in presidential election years, when it shall be held 
        on the 4th Tuesday in April (Sec. 2753(b.1). (May 19, 
        1998).
Nominating Papers, Petitions, Etc.
          Party candidates for primary
          Candidates for nomination for the United States 
        Senate shall present a nomination petition containing 
        2,000 signatures of registered and enrolled party 
        members (Sec. 2872.1). File with Secretary of the 
        Commonwealth (Sec. 2873(a)), on or before the 10th 
        Tuesday prior to the primary (Sec. 2873(d)).
Candidates of political bodies which do not qualify as 
        political parties (Sec. 2831(c)).
          Nomination papers signed by qualified electors of the 
        State are to be filed with the Secretary of the 
        Commonwealth. (Sec. 2911(a), (c), (d), (e)). Signatures 
        are required equal in number to 2 percent of largest 
        entire vote cast for any elected candidates in the 
        State at large in last preceding election 
        (Sec. 2911(b)). The nomination papers are to be filed 
        with the Secretary of the Commonwealth on or before the 
        second Friday subsequent to primary (Sec. 2913(c)).
          Loyalty affidavits. (Title 65, Sec. 224, Supp.).
          All candidates must file with nomination petition, 
        nomination paper, or nomination certificate a statement 
        under oath or affirmation that he is not a subversive 
        person.
          Write-in candidate nominated at a primary must file 
        affidavit within 60 days after primary.
          Write-in candidate elected in general election must 
        file affidavit prior to being sworn into the office to 
        which he is elected.
Filing Fees and Assessments.
          Amount.--Party candidates, $200 (Sec. 2873(b.1)).
          Date of payments.--At time of filing nomination 
        petitions (Sec. 2873(b.1)) or nomination papers 
        (Sec. 2914).
          To whom paid.--Secretary of Commonwealth 
        (Sec. Sec. 2873(a)).
Crossfiling by Candidates.
          Prohibited. Person may not be candidate of more than 
        one party (Sec. 2911(e)(5)).
Subversive Parties Barred from Ballot.
          Advocating overthrow of Government by force.--
        (Sec. 2831(d)).
Write-in Provisions.
          Permitted in primary (Sec. 2962(b)), and in general 
        election (Sec. 2963(a)); electronic voting system 
        (Sec. 3031.12(3)).
Vacancy in Office.
          If a vacancy occurs, it shall be filled for the 
        unexpired term by the vote of the electors of the State 
        at a special election held at the next general or 
        municipal election, occurring at least 90 days after 
        the happening of such vacancy.
          Candidates shall be nominated by political parties in 
        accordance with party rules and by means of nomination 
        certificates. Until such time as the vacancy shall be 
        filled by an election, the Governor may make a 
        temporary appointment to fill the vacancy (Sec. 2776).

                              Rhode Island

Unless otherwise specified, references are to the General Laws of Rhode 
      Island, 1988 Reenactment, and to the 1997 pocket Supplement.

    The State of Rhode Island will not be holding a senatorial 
election in 1998. The following statutory provisions are listed 
for future reference.
Primary Elections, when held.
          Second Tuesday after first Monday in September of 
        even numbered years (Sec. 17-15-1). (September 15, 
        1998). When any primary falls on a religious holiday 
        such primary shall be held on the next business day 
        following, other than Saturday (Sec. 17-15-2).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Declaration of candidacy.--During the last 3 days in 
        June in the even years preceding a primary (Sec. 17-14-
        1). The declaration of candidacy must be filed not 
        later than 4 p.m., on the last day for filing with the 
        Secretary of State (Sec. 17-14-1).
          Nomination papers.--Upon receipt of declaration of 
        candidacy, Secretary of State shall prepare nomination 
        papers for each person who has filed a declaration of 
        candidacy. (17-14-4).
          Signatures are required of at least 1,000 voters for 
        a U.S. Senatorial candidate (Sec. 17-14-7). Submit 
        nomination papers for verification on the 60th day 
        before primary to local board of elections of city or 
        town where signers vote (Sec. 17-14-11).
          State party committee may endorse a candidate for the 
        United States Senate by filing notification of same 
        with Secretary of State by 4 p.m. on the second day 
        after the final day for filing declarations of 
        candidacy. (Sec. 17-12-4). Candidates for nomination 
        endorsed by party committee shall be combined on the 
        same nomination papers (Sec. 17-14-4).
          Certificate of signatures.--Local board shall certify 
        number of names and qualifications of signers ``and 
        shall file all nomination papers for State officers 
        forthwith with Secretary of State'' (Sec. 17-14-11). 
        Nomination papers shall be filed with Secretary of 
        State not later than 60 days before primary (Sec. 17-
        14-11, Supp.).
          Independent candidate on final nomination papers
          Declaration of candidacy.--Nomination papers must be 
        filed not later than 4 p.m. 60 days before the primary 
        with Secretary of State (Sec. Sec. 17-14-11).
          Nomination papers.--Upon receipt of declaration, 
        Secretary of State shall prepare nomination papers for 
        each candidate who has filed a declaration of candidacy 
        and shall furnish nomination papers to candidate 
        (Sec. Sec. 17-14-4). Signatures of at least one 
        thousand voters are required for the nomination papers 
        for U.S. senatorial candidate, (Sec. 17-14-7).
Filing Fees and Assessments.--No statutory provisions.
Crossfiling by Candidates.
          Party candidates are not eligible for independent 
        nomination, and independent candidates are not eligible 
        for party nomination (Sec. 17-14-2.1). Whenever any 
        person seeks elective office, that person shall not 
        have been a member of a political party other than the 
        declared political party within 90 days of the filing 
        of his or her declaration of candidacy.
Subversive Parties Barred From Ballot.--No statutory 
        provisions.
Write-in Provisions.
          Permitted in general elections (Sec. 17-19-31).
Vacancy in Office.
          If a vacancy occurs, it shall be filled at the next 
        general election next after the expiration of 70 days 
        from the date of such vacancy. In case of such vacancy, 
        the Governor shall make a temporary appointment of a 
        person, pending the results of such an election 
        (Sec. 17-4-9).

                             South Carolina

  Unless otherwise designated, references are to the Code of Laws of 
       South Carolina 1976 and to the 1996 Cumulative Supplement.

Primary Elections, when held.
          Second Tuesday in June in general election years 
        (Sec. 7-13-40, Supp.) (June 9, 1998).
          If no candidate receives a majority in the first 
        primary, a second shall be held and, if necessary, a 
        third, each two weeks successively thereafter (Sec. 7-
        13-40, Supp., Sec. 7-13-50, Supp.).
State Convention.
          Candiates for U.S. Senator may also be nominated by 
        convention (Sec. Sec. 7-11-10, Supp., 7-11-30, Supp.).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Notice of candidacy and pledge to support party 
        candidates.
          File with treasurer of State committee of his 
        political party by 12 noon on April 30 (Sec. 7-11-210, 
        Supp.).
          Party candidate nominated by convention (Sec. 7-11-
        70, Supp.).
          Use of convention method must be approved by a three-
        fourths vote of the total membership of such convention 
        (Sec. 7-11-30, Supp.).
          Independent candidate (Sec. 7-11-70, Supp.).
          Nominating petition.--Signatures of at least 5 
        percent of qualified registered electors in the State, 
        but not more than 10,000. Certified to State Election 
        Commission (Sec. 7-11-70, Supp.).
          Nominees by petition.--Any nominee by petition for 
        one or more of the offices, national, state, circuit, 
        multicounty district or county, to be voted on in the 
        general election must be placed upon the appropriate 
        ballot by the officer, commissioners or other authority 
        charged by law with preparing the ballot if the 
        petition is submitted to the officer, commissioner, or 
        other authority, as the case may be, for general 
        elections held under Sec. 7-13-10, not later than 12 
        noon on August 1st, or if August 1st falls on Sunday, 
        not later than 12 noon on the following Monday (Sec. 7-
        13-351, Supp.).
          Certified for ballot.--Nominees in a party primary or 
        party convention to be voted on in general election are 
        to be placed on ballot if names of nominees are 
        certified by party official, in case of a party 
        candidate to officer charged by law with preparing 
        ballot, not later than 12 noon on September 1st or, if 
        September 1st falls on Sunday, not later than 12 
        o'clock noon on the following Monday (Sec. 7-13-350, 
        Supp.).
Filing Fees and Assessments (for primary candidates)--
          The filing fees for all candidates filing to run in 
        all primaries, except municipal primaries, must be 
        transmitted by the respective political parties to the 
        State Election Commission and placed by the executive 
        director of the commission in a special account 
        designated for use in conducting the primaries and must 
        be used for that purpose. The filing fee for each 
        office is one percent of the total salary for the term 
        of that office or one hundred dollars, whichever amount 
        is greater. (Sec. 7-13-40)
Crossfiling by Candidates.
          Prohibited. Candidate must pledge to support all 
        party candidates nominated in primary. If a person 
        defeated as a candidate for nomination in the primary 
        campaign is a candidate against his party's nominee, 
        party officials should institute court action for an 
        injunction (Sec. 7-11-210, Supp.).
Subversive Parties Barred from Ballot.
          No statutory provisions.
Write-in Provisions.
          Permitted in general election (Sec. Sec. 17-13-380, 
        7-13-360 Supp.); on voting machines (Sec. 7-13-1850).
          Nothing contained in this section shall be construed 
        to prevent the use of electronic methods of casting 
        write-in ballots or the use of voting machines which do 
        not employ paper and handwriting methods or technology 
        for casting write-in ballots. (Sec. 7-13-800).
Vacancy in Office.
          If a vacancy occurs, the Governor may fill such 
        vacancy by appointment for the period of time 
        intervening between the date of such appointment and 
        January 3 following the next succeeding general 
        election. But, if such vacancy occurs less than 100 
        days prior to any general election, the appointment 
        shall be for the period of time intervening between the 
        date of such appointment and January 3 following the 
        second general election next succeeding. The Governor 
        shall within 5 days after any such appointment order an 
        election to occur at the time of the general election 
        immediately preceding the expiration date of the 
        appointment if at the expiration of such appointment an 
        unexpired term shall remain. (Sec. 7-19-20).

                              South Dakota

Unless otherwise indicated, references are to the South Dakota Codified 
             Laws 1995 revision and 1997 pocket supplement.

Primary Elections, when held.
          First Tuesday in June in even-numbered years 
        (Sec. Sec. 12-2-1). (June 2, 1998).
          If no candidate receives 35 percent of the votes of 
        his party, a secondary election is held 2 weeks from 
        the date of the first primary (Sec. Sec. 12-6-51.1).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Nominating petition.--Signatures are required of not 
        less than 1 percent of the number of voters who cast 
        their votes for that party's candidate for Governor at 
        the last general election. File with Secretary of State 
        between 8 a.m. on January 20 and 5 p.m. on the first 
        Tuesday of April prior to the primary (Sec. Sec. 12-6-
        4, 12-6-7).
          Independent candidate
          Certificate of nomination.--Signatures are required 
        of not less than 1 percent of total State vote cast for 
        Governor at the last general election (Sec. 12-7-1). 
        File with Secretary of State between 8 a.m. on May 1 
        and 5 p.m. on the first Tuesday in August. Certificate 
        of nomination may not be circulated before January 1 of 
        the year of the election. Certificate is to specify any 
        political party with which the candidate is associated, 
        or that he is an independent (Sec. Sec. 12-7-1, 12-7-
        1.1).
Filing Fees and Assessments.--No statutory provision.
Crossfiling by Candidates.
          No person may be a candidate for nomination to more 
        than one public office (Sec. Sec. 12-6-3, 12-7-5).
Subversive Parties Barred from Ballot.
          No statutory provisions.
Write-in Provisions.
          No statutory provisions.
Vacancy in Office.
          If a vacancy occurs, it is the duty of the Governor 
        within 10 days of the occurrence to issue a 
        proclamation setting the date of and calling for a 
        special election to fill the vacancy. If either a 
        primary or general election is to be held within 6 
        months, an election to fill a vacancy in the office of 
        representative in the United States Congress shall be 
        held in conjunction with that election; otherwise, the 
        election shall be held not less than 80 nor more than 
        90 days after the vacancy occurs (Sec. 12-11-1). The 
        Governor may fill by temporary appointment, until a 
        special election is held, vacancies in the office of 
        U.S. Senator (Sec. 12-11-4).

                               Tennessee

 Unless otherwise designated, references are to be the Tennessee Code 
     annotated. 1994 Replacement volume and to the 1997 Supplement.

    The State of Tennessee will not be holding a senatorial 
election in 1998. The following statutory provisions are listed 
for future reference.
Primary Elections, when held.
          First Thursday in August in even-numbered years 
        (Sec. 2-13-202, 2-1-104(23)). (August 6, 1998).
Nominating Papers, Petitions, etc.
          Nominating petition must have candidate's signature 
        as well as signatures of at least 25 qualified electors 
        of the party. File original with State Election 
        Commission and certified duplicates with the 
        coordinator of elections and with the chairman of the 
        party's state executive committee, not later than 12 
        noon on the third Thursday in the calendar month before 
        the primary election (Sec. Sec. 2-5-101, Supp., 2-5-
        103).
          Independent candidates
          File nominating petition, as above, no duplicate need 
        be filed with a party executive committee (Sec. Sec. 2-
        5-101, Supp., 2-5-103). Nominating petitions are to be 
        filed by 12 noon on the third Thursday in May (Sec. 2-
        5-101, Supp.).
Filing Fees.
          No statutory provisions.
Crossfiling by Candidate.
          No person may qualify as a candidate in a primary 
        election with more than one party in which he seeks the 
        same office. It is also unlawful for any person to 
        qualify as an independent candidate and as a primary 
        candidate for the same office in the same year. No 
        person defeated in an August primary election may 
        qualify as an independent for the same office in the 
        November general elections. No candidate in a party 
        primary election may appear on the ballot in a general 
        election as the nominee of a different political party 
        or as an independent (Sec. 2-5-101(f), Supp.).
Subversive Parties Barred from Ballot.
          Advocating overthrow of Government by force (Sec. 2-
        1-114).
Write-in Provisions.
          Permitted in all elections using paper ballots 
        (Sec. Sec. 2-7-114, 2-5-207), when using a voting 
        machine a paper ballot should be requested (Sec. 2-7-
        117). In order for any person to receive a party 
        nomination by write-in ballots, he must receive at 
        least 5 percent of the total number of votes cast in 
        the primary on election day unless there are candidates 
        for the office involved listed on the official ballot 
        (Sec. 2-8-113).
Vacancy in Office.
          If a vacancy occurs in the office of United States 
        Senator, a successor shall be elected at the next 
        regular November election and shall hold office until 
        the term for which his predecessor was elected expires. 
        If the vacancy will deprive the State of its full 
        representation at any time Congress may be in session, 
        the governor shall fill the vacancy by appointment 
        until a successor is elected at the next regular 
        November election and is qualified (Sec. 2-16-101).

                                 Texas

  Unless otherwise indicated, references are to Vernon's Texas Codes 
Annotated 1986 (Election Code) and to the 1997 Cumulative Annual Pocket 
                                 Part.

    The State of Texas will not be holding Senatorial elections 
in 1998. The following statutory provisions are listed for 
future reference.
Primary Elections, when held.
          Second Tuesday in March in even-numbered years 
        (Sec. 41.007(a) Supp.).
Second Primary (runoff), when held.
          The runoff primary election date is the second 
        Tuesday in April following the general primary election 
        (Sec. 41.007(b) Supp.).
Nominating Papers, Petitions, Etc.
          Party candidate for primary.--Parties which received 
        over 20 percent of the vote for Governor at the last 
        election (Sec. 172.001). To be entitled to a place on 
        the general primary election ballot, a candidate must 
        make an application for a place on the ballot. An 
        application must, in addition to complying with section 
        141.031 (general requirements for application), be 
        accompanied by the appropriate filing fee or, instead 
        of the filing fee, a petition that satisfies the 
        requirements prescribed by Section 141.062 (validity of 
        petition) (Sec. 172.021). The filing fee for a 
        candidate for nomination in the general primary 
        election for United States senator is $4,000 
        (Sec. 172.024, Supp.).
          An application must be filed with the state chairman 
        of a political party for an office filed by votes of 
        more than one county (Sec. 172.022). An application for 
        a place on the general primary election ballot must be 
        filed not later than 6 p.m. on January 2 of the primary 
        election year unless the filing deadline is extended 
        (Sec. 172.023, Supp.).
          Petition signatures required.--The minimum number of 
        signatures that must appear on a petition for a 
        statewide office is 5,000 (Sec. 172.025, Supp.). Not 
        later than the 57th day before the general primary 
        election day, the state chairman shall deliver the 
        certification to the county chairman in each county in 
        which the candidate's name is to appear on the ballot 
        (Sec. 172.028(b), Supp.).
          Independent candidates.--Independent candidates must 
        file an application for a place on the general election 
        ballot with the secretary of state accompanied by a 
        petition not later than 5 p.m. of the 30th day after 
        the runoff primary (Sec. Sec. 142.004-142.006). The 
        petition for a statewide office must include signatures 
        equal to 1 percent of the total vote received by all 
        candidates for governor at the most recent 
        gubernatorial general election (Sec. 142.007).
          Minor party nomination.--To be entitled to have the 
        names of its nominees placed on the general election 
        ballot, a political party required to make nominations 
        by convention must file with the secretary of state, 
        not later than the 75th day after the date of the 
        precinct conventions held under this chapter, lists of 
        precinct convention participants indicating that the 
        number of participants equals at least 1 percent of the 
        total number of votes received by all candidates for 
        governor in the most recent gubernatorial general 
        election. The lists must include each participant's 
        residence address and voter registration number. A 
        political party that has qualified to have the names of 
        its nominees placed on the ballot and that had a 
        nominee for a statewide office who received a number of 
        votes equal to at least 5 percent of the total number 
        of votes received by all candidates for that office is 
        entitled to have the names of its nominees placed on 
        the ballot in the subsequent general election 
        (Sec. 181.005). An application for nomination by 
        convention must be filed with the state chairman not 
        later than 5 p.m. on January 2 preceding the convention 
        (Sec. 181.033(a), Supp.). A political party nominating 
        by convention must make its nomination for statewide 
        offices at a state convention held on the second 
        Saturday in June (Sec. 181.061(a)).
Filing Fees and Assessments.
          Amount.--$4,000.
          Date of payment.--The time of filing an application 
        for a place on the general primary ballot 
        (Sec. 172.021).
          To whom paid.--State chairman of state executive 
        committee of a political party (Sec. 172.022).
Crossfiling by Candidates.
          Prohibited.--Candidate required to be affiliated with 
        party whose nomination he seeks (Sec. 172.027, Supp.).
Subversive Parties Barred From Ballot.
          Candidate must take an oath to support and defend the 
        constitutions and the laws of the United States and the 
        State of Texas (Sec. 141.031(K), Supp.).
Write-in Provisions.
          Voting systems must permit write-in voting 
        (Sec. 122.001(a)(9), Supp.). Write-in voting is not 
        permitted in primary elections (Sec. 172.112).
Vacancy in Office.
          The governor shall appoint a person to fill a vacancy 
        in office if the vacancy exists or will exist when 
        congress is in session. The appointee serves until a 
        successor has been elected and has qualified 
        (Sec. 204.002).
          If a vacancy occurs during an odd-numbered year or 
        after the 62nd day before general primary election day 
        in an even-numbered year, the remainder of the 
        unexpired term shall be filled by a special election 
        except that the minimum number of signatures that must 
        appear on a petition accompanying a candidate's 
        application for a place on the ballot is 5,000 
        (Sec. 204.005, Supp.).

                                  Utah

  Unless otherwise designated, references are to Utah Code Annotated, 
                      1997 Replacement Volume 3A.

Primary Elections, when held
          Fourth Tuesday in June in each even-numbered year 
        (Sec. 20A-9-403) (June 23, 1998).
Nominating Papers, Petitions Etc.
          Independent candidates (Sec. 20A-9-501).
          Certificate of nominations.--Signatures of 300 legal 
        voters are required. File with Lieutenant Governor 
        between March 7 and March 17 (Sec. Sec. 20A-9-502, 20A-
        9-503).
Filing Fees and Assessments.
          Amount.--One-eighth of 1 percent of total salary for 
        full term (Sec. 20A-9-201).
          Date of payment.--When filing nomination paper or 
        acceptance (Sec. 20A-9-201).
          To whom paid.--Lieutenant Governor (Sec. 20A-9-201).
Crossfiling by Candidates.
          No candidate may file as an independent who has 
        previously filed in the same year a declaration of 
        candidacy with any political party (Sec. 20A-9-501).
Subversive Parties Barred From Ballot.
          No statutory provisions.
Write-in Provisions.
          To become a valid write-in candidate, a person shall 
        file a declaration of candidacy with the appropriate 
        filing officer not later than 5 p.m. on the Wednesday 
        before the November election in which the person 
        intends to be a write-in candidate. The filing officer 
        shall read to the candidate the constitutional and 
        statutory requirements for candidacy, and the candidate 
        shall state whether or not the requirements of the 
        candidacy are met. If the candidate indicates that they 
        are not met, the person is not a valid write-in 
        candidate. Votes for a valid write-in candidate shall 
        be read and tallied by the election judges. Votes for 
        other nonvalid write-in candidates, fictitious persons, 
        nonpersons, or persons clearly not eligible may not be 
        tallied or recorded. This section does not apply to 
        municipal elections except in cities of the first 
        class. (Sec. 20A-3-106).
Vacancy in Office.
          When a vacancy occurs in the office of U.S. senator, 
        it shall be filled for the unexpired term at the next 
        regular general election. The governor shall appoint a 
        person to serve as U.S. senator until the vacancy is 
        filled by election from one of three persons nominated 
        by the state central committee of the same political 
        party as the prior office-holder (Sec. 20A-1-
        502(2)(a)).

                                Vermont

Unless otherwise designated, references are to Title 17 of the Vermont 
Statutes Annotated, 1982, and to the 1997 Cumulative Pocket Supplement.

Primary Elections, when held.
          Second Tuesday of September in even-numbered years 
        (Sec. 2351). (September 8, 1998).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Primary petitions with assent of candidate.--500 
        signatures of legal voters are required 
        (Sec. Sec. 2353, 2354, and 2355). File with Secretary 
        of State (Sec. 2357) not later than 5 p.m. on the third 
        Monday of July preceding the primary election 
        (Sec. 2356) (July 20, 1998).
          A voter shall not sign more than one primary petition 
        for the same office, unless more than one nomination is 
        to be made, in which case he may sign as many petitions 
        as there are nominations to be made for the same office 
        (Sec. 2354).
          Candidate of minor political party (political party 
        whose candidate for any State office in the most recent 
        general election polled less than 5 percent of the vote 
        cast for that office) may be nominated and have his 
        name printed on the general election ballot 
        (Sec. Sec. 2103(23) and 2381).
          Certificate of nomination.--These candidates may be 
        nominated by the state committee (Sec. 2382). When a 
        nomination is made under these provisions, the chairman 
        and the secretary of the committee making the 
        nomination shall file a statement under oath, setting 
        forth the name and residence of the candidate, the 
        office for which the nomination is made, and the 
        committee making the nomination. The candidate shall 
        file a consent to have his name printed on the ballot 
        (Sec. 2385 Supp.). Statements shall be filed not more 
        than 60 days before the day of the general election and 
        not later than 5 p.m. on the 47th day before the day of 
        the general election (Sec. 2386, Supp.). File with 
        Secretary of State (Sec. 2387).
          Independent candidate
          Certificate of nomination.--Signatures of voters 
        qualified to vote in an election for the office, equal 
        in number to at least 1,000 (Sec. 2402(b)(1), Supp.). 
        Certificate of nomination must include certificate of 
        the town clerk where the signers appear to be voters, 
        certifying those signatures which are valid and those 
        which are not (Sec. 2402, Supp.). File with Secretary 
        of State not more than 60 nor less than 47 days before 
        general election (Sec. Sec. 2402, 2386, Supp.).
Filing Fees and Assessments--No statutory provision.
Crossfiling by candidates.
          Not prohibited.--Person nominated for the same office 
        by more than one party at a primary or convention, or 
        as an independent, ``at least 36 days before election 
        may elect the party or parties in which he will be a 
        candidate'' (Sec. 2474, Supp.).
Subversive Parties Barred from Ballot.
          Advocating overthrow of Government by force.--In 
        order to qualify as an elector, a person must first 
        take the voter's oath (Sec. 2121).
Write-in Provisions.
          Permitted in primary (Sec. 2362) and in general 
        elections (Sec. 2472).
Vacancy in Office.
          If a vacancy occurs in the office of United States 
        Senator, the governor shall call a special election to 
        fill the vacancy. His proclamation shall specify a day 
        for the special election and a day for a special 
        primary. The special election shall be held not more 
        than 3 months from the date that the vacancy occurs, 
        except that, if vacancy occurs within 6 months of a 
        general election, the special election may be held the 
        same day as the general election (Sec. 2621). The 
        governor may make an interim appointment to fill a 
        vacancy in the office of United States Senator, pending 
        the filling of the vacancy by special election 
        (Sec. 2622).

                                Virginia

 Unless otherwise designated, references are to the Code of Virginia, 
                  Title 24.2, 1997 Replacement Volume.

    The State of Virginia will not be holding senatorial 
elections in 1998. The following statutory provisions are 
listed for future reference.
Primary Elections, when held.
          Second Tuesday in June next preceding the general 
        election (Sec. 24.2-515).
          Party to determine method of nominating
          Each party shall have the power to provide whether a 
        party nomination shall be made by direct primary or by 
        some other method. (Sec. 24.2-509(A)) Exceptions: A 
        party shall nominate its candidate for election for a 
        General Assembly district where there is only one 
        incumbent of that party for the district by the method 
        designated by that incumbent, or absent any designation 
        by him by the method of nomination determined by the 
        party. A party shall nominate its candidates for 
        election for a General Assembly district where there is 
        more than one incumbent of that party for the district 
        by a primary unless all the incumbents consent to a 
        different method of nomination. A party, whose 
        candidate at the immediately preceding election for a 
        particular office other than the General Assembly (i) 
        was nominated by a primary or filed for a primary but 
        was not opposed and (ii) was elected at the general 
        election, shall nominate a candidate for the next 
        election for that office by a primary unless all 
        incumbents of that party for that office consent to a 
        different method.
          When, under any of the foregoing provisions, no 
        incumbents offer as candidates for reelection to the 
        same office, the method of nomination shall be 
        determined by the political party. (Sec. 24.2-509(B)).
Nomination Papers, Petitions, Etc.
          Party candidate for primary
          Declaration of candidacy and petition.--Signatures of 
        qualified voters of the state equal to one-half of 1 
        percent of the number of voters registered in the 
        Commonwealth as of the first day of January of the year 
        in which such petition must be filed and including at 
        least 200 qualified voters from each congressional 
        district. Petition must be accompanied by the affidavit 
        of a person qualified to vote and a resident in the 
        same congressional district as the person signing, to 
        the effect that he has witnessed such signatures 
        (Sec. 24.2-506). Candidates must file declaration of 
        candidacy, together with petition, affidavit and filing 
        fee receipt with the State Board of Elections not 
        earlier than noon of the 77th day and not later than 5 
        p.m. of the 60th day before the primary. (Sec. 24.2-
        522).
          Independent candidate
          Notice of candidacy and petition.--Signatures of 
        qualified voters of the state equal to one-half of 1 
        percent of the number of voters registered within the 
        election district as of the first day of January of the 
        year in which such petition must be filed are required 
        and including at least 200 qualified voters from each 
        congressional district. (Sec. 24.2-506).
Filing Fees and Assessments.
          For primary candidates
          Amount.--Two percent of 1 year's minimum salary 
        attached to the office for which he is candidate in 
        effect in the year in which he files (Sec. 24.2-523).
          Date of payment.--Before filing declaration of 
        candidacy (Sec. 24.2-523).
          To whom paid.--State Treasurer (Sec. 24.2-524).
Crossfiling by Candidates.
          Prohibited.--Candidate must be a member of the party 
        whose nomination he seeks. Declaration of candidacy 
        contains authorization to election officials not to 
        print candidate's name on general election ballot if 
        candidate is defeated at primary (Sec. 24.2-520).
Subversive Parties Barred From Ballot.
          No statutory provisions.
Write-in Provisions.
          Permitted on voting machines (Sec. 24.2-648).
Vacancy in Office.
          When any vacancy occurs in the representation of the 
        Commonwealth of Virginia in the United States Senate, 
        the Governor shall issue a write of election to fill 
        the vacancy for the remainder of the unexpired term. 
        The election shall be held on the next succeeding 
        November general election date or, if the vacancy 
        occurs within 120 days prior to that date, on the 
        second succeeding November general election date. The 
        Governor may make a temporary appointment to fill the 
        vacancy until the qualified voters fill the same by 
        election. (Sec. 24.2-207).

                               Washington

    Unless otherwise designated, references are to Title 29 of the 
   Washington Revised Code Annotated 1993 and to the 1997 Supplement.

Primary Elections, when held.
          The names of the candidates of the major political 
        parties and those independent candidates and candidates 
        of minor political parties who have been nominated 
        shall appear upon the partisan primary ballot 
        (Sec. 29.30.005). No name of a candidate for a partisan 
        office shall appear on the general election ballot 
        unless he receives at least 1 percent of the total 
        votes cast for that office. However, only the name of 
        the candidate who receives a plurality of the votes 
        cast for the candidates of his party for any office may 
        appear on the general ballot (Sec. 29.30.095).
          Third Tuesday in September in general election years, 
        or on the seventh Tuesday immediately preceding such 
        election, whichever occurs first (Sec. 29.13.070) 
        (September 15, 1998).
Conventions, when held.
          For new or minor parties, and for independent 
        candidates (Sec. 29.24.010).
          Last Saturday immediately preceding first day for 
        filing of declarations of candidacy by major party 
        candidates (Sec. 29.24.020).
Nominating Papers, Petitions, Etc.
          Party convention for primary
          Declaration and Affidavit of candidacy 
        (Sec. 29.15.010).--File with Secretary of State not 
        earlier than the fourth Monday of July (July 27, 1998) 
        nor later than the following Friday (Sec. 29.15.020) 
        (July 31, 1998).
          Minor Parties and Independent Candidates
          Each minor party or independent candidate must 
        publish a notice in a newspaper of general circulation 
        within the county in which the party or the candidate 
        intends to hold a convention. The notice must appear at 
        least 10 days before the convention is to be held, and 
        shall state the date, time, and place of the 
        convention. Additionally, it shall include the mailing 
        address of the person or organization sponsoring the 
        convention (Sec. 29.24.025).
          To be valid, a convention must be attended by at 
        least 25 registered voters. In order to nominate 
        candidates for the offices of president and vice-
        president of the United States, United States senator, 
        or any statewide office, a nominating convention shall 
        obtain and submit to the filing officer the signatures 
        of at least 200 registered voters of the state of 
        Washington. In order to nominate candidates for any 
        other office, a nominating convention shall obtain and 
        submit to the filing officer the signatures of 25 
        persons who are registered to vote in the jurisdiction 
        of the office for which the nominations are made 
        (Sec. 29.24.040).
          A nominating petition submitted shall clearly 
        identify the name of the minor party or independent 
        candidate convention as it appears on the certificate 
        of nomination. The petition shall also contain a 
        statement that the person signing the petition is a 
        registered voter of the state of Washington and shall 
        have a space for the voter to sign his or her name and 
        to print his or her name and address. No person may 
        sign more than one nominating petition under this 
        chapter for an office for a primary or election 
        (Sec. 29.24.035). The filing deadline is July 29, 1994.
          Affidavit of candidacy.--File with declaration of 
        candidacy. (Sec. 29.15.010).
Filing Fees and Assessments.
          For both primary and convention candidates 
        (Sec. Sec. 29.15.010, 29.15.100, 19.15.050). See also 
        Write-in Provisions, below.
          Amount.--One percent of annual salary.
          Date of payment.--When filing declaration of 
        candidacy.
          To whom paid.--Secretary of State (Sec. 29.15.050).
Crossfiling by Candidates.
          Prohibited.--Must be member of party whose nomination 
        he seeks (Sec. 29.15.010).
          No candidate's name shall appear more than once on 
        general election ballot. If nominated by two or more 
        political parties, candidate must select one 
        (Sec. 29.30.101).
          No candidate who has offered himself as a candidate 
        for nomination of one party at the primary shall have 
        his name printed on the succeeding general election 
        ballot as the candidate of another party 
        (Sec. 29.30.101).
Subversive Parties Barred From Ballot.
          Communist Party.--(Sec. Sec. 9.81.030, 9.81.040, 
        9.81.050, 9.81.083).
Write-in Provisions.
          For any office at any election or primary, any voter 
        may write in on the ballot the name of any person for 
        an office who has filed as a write-in candidate for the 
        office in the manner provided by RCW 29.04.180 and such 
        vote shall be counted the same as if the name had been 
        printed on the ballot and marked by the voter. No 
        write-in vote made for any person who has not filed a 
        declaration of candidacy pursuant to RCW 29.04.180 is 
        valid if that person filed for the same office, either 
        as a regular candidate or a write-in candidate, at the 
        preceding primary. Any abbreviation used to designate 
        office, position, or political party shall be accepted 
        if the canvassing board can determine, to their 
        satisfaction, the voter's intent (Sec. 29.51.170).
          Permitted in primary and in general election 
        (Sec. 29.51.170); on voting machines, so long as 
        political party affiliation is also written by the 
        voter after the candidate's name in an election for a 
        partisan office (Sec. 29.51.170).
Vacancy in Office.
          When a vacancy happens in the representation of the 
        State in the Senate of the United States, the Governor 
        shall make a temporary appointment until the people 
        fill the vacancy by election (Sec. 29.68.070).
          Whenever a vacancy occurs in the office of United 
        States representative or United States senator from 
        this state or any congressional district of this state, 
        the governor shall order a special election to fill the 
        vacancy. Within 10 days of such vacancy occurring, he 
        or she shall issue a writ of election fixing a date for 
        the special vacancy election not less than 90 days 
        after the issuance of the writ, fixing a date for the 
        primary for nominating candidates for the special 
        vacancy election not less than 30 days before the day 
        fixed for holding the special vacancy election, fixing 
        the dates for the special filing period, and 
        designating the term or part of the term for which the 
        vacancy exists. If the vacancy is in the office of 
        United States representative, the writ of election 
        shall specify the congressional district that is 
        vacant. If the vacancy occurs less than 6 months before 
        state general election and before the second Friday 
        following the close of the filing period for that 
        general election, the special primary and special 
        vacancy elections shall be held in concert with the 
        state primary and state general election in the year.
          If the vacancy occurs on or after the first day for 
        filing under RCW 29.18.030 and on or before the second 
        Friday following the close of the filing period, a 
        special filing period of 3 normal business days shall 
        be fixed by the governor and notice thereof given to 
        all media, including press, radio, and television 
        within the area in which the vacancy election is to be 
        held, to the end that, insofar as possible, all 
        interested persons will be aware of such filing period. 
        The last day of the filing period shall not be later 
        than the third Tuesday before the primary at which 
        candidates are to be nominated. The names of candidates 
        who have filed valid declarations of candidacy during 
        this 3-day period shall appear on the approaching 
        primary ballot. If the vacancy occurs later than the 
        second Friday following the close of the filing period, 
        a special primary and special vacancy election to fill 
        the position shall be held after the next state general 
        election but, in any event, no later than the 90th day 
        following the November election. As used in this 
        chapter, ``county'' means in the case of a vacancy in 
        the office of United States senator, any or all of the 
        counties in the state and, in the case of a vacancy in 
        the office of United States representative, only those 
        counties wholly or partly within the congressional 
        district in which the vacancy has occurred 
        (Sec. 29.68.080).

                             West Virginia

 Unless otherwise designated, references are to the West Virginia Code 
Annotated (1994 Replacement Volume) and the 1997 Cumulative Supplement.

    The State of West Virginia will not be holding senatorial 
elections in 1998. The following statutory provisions are 
listed for future reference.
Primary Elections, when held.
          Second Tuesday in May (Sec. 3-5-1) (May 12, 1998).
Nominating Papers, Petitions, Etc.
          Certificate of announcement of candidacy.--File with 
        Secretary of State not earlier than the second Monday 
        in January and not later than the first Saturday in 
        February preceding the primary election (Sec. 3-5-7).
          Candidates of minor parties (which polled less than 
        10 percent of total vote cast for Governor at last 
        general election).--Nomination may be by convention or 
        by certificate in the same manner as independents 
        (Sec. 3-5-22). If by convention, file certificate of 
        nomination with Secretary of State not later than 1 day 
        preceding the primary. (Sec. 3-5-24).
          Independent candidates.--Groups of citizens having no 
        party organization may nominate candidates by petition. 
        Certificates of nomination, bearing signatures of 
        registered voters in number equal to not less than 1 
        percent of entire vote cast for United States Senator 
        at last general election, must be filed with Secretary 
        of State not later than 1 day before primary (Sec. 3-5-
        23).
Filing Fees and Assessments.
          Amount.--One percent of annual salary (Sec. 3-5-8).
          Date of payment.--At time of filing certificate of 
        announcement of candidacy (Sec. 3-5-23).
          To whom paid.--Secretary of State (Sec. Sec. 3-5-8, 
        3-5-23).
          The West Virginia Supreme Court of Appeals held that 
        the failure to provide a reasonable alternative to 
        filing fees for impecunious candidates to obtain access 
        to the ballot renders the filing fee requirement 
        unconstitutional as to such candidates, West Virginia 
        Libertarian Party v. Manchin, 270 S.E. 2d 634, (1980).
Crossfiling by Candidates
          Prohibited.--Generally, no person shall be a 
        candidate for more than one office except that a 
        candidate for an office may also be a candidate for 
        president of the United States. (Sec. 3-5-7).
Subversive Parties Barred From Ballot.
          No statutory provisions.
Write-in Provisions.
          Permitted in general election (Sec. 3-6-5(b)(3)); on 
        voting machines (Sec. 3-4-8(3)); on electronic voting 
        system (Sec. 3-4A-9).
Vacancy in Office.
          Any vacancy occurring in the office of secretary of 
        state, auditor, treasurer, attorney general, 
        commissioner of agriculture, United States Senator, 
        judge of the supreme court of appeals, or in any office 
        created or made elective, to be filled by the voters of 
        the entire state, or judge of a circuit court, shall be 
        filled by the governor of the state by appointment. If 
        the unexpired term of a judge of the supreme court of 
        appeals, or a judge of the circuit court, be for less 
        than 2 years, or if the unexpired term of any other 
        office named in this section be for a period of less 
        than 2 years and 6 months, the appointment to fill the 
        vacancy shall be for the unexpired term. If the 
        unexpired term of any office be for a longer period 
        than above specified, the appointment shall be until a 
        successor to the office has timely filed a certificate 
        of candidacy, has been nominated at the primary 
        election next following such timely filing and has 
        thereafter been elected and qualified to fill the 
        unexpired term. Proclamation of any election to fill an 
        unexpired term shall be made by the governor of the 
        state, and, in the case of an office to be filled by 
        the voters of the entire state, shall be published 
        prior to such election as a Class II-0 legal 
        advertisement in compliance with the provisions of 
        article 3 [Sec. 59-3-1 et seq.], chapter 59 of this 
        code, and the publication area for such publication 
        shall be each county of the state. If the election is 
        to fill a vacancy in the office of judge of a circuit 
        court, the proclamation shall be published prior to 
        such election as a Class II-0 legal advertisement in 
        compliance with the provisions of article 3, chapter 59 
        of this code, and the publication area for such 
        publication shall be each county in the judicial 
        circuit (Sec. 3-10-3).

                               Wisconsin

 Unless otherwise designated references are to the Wisconsin Statutes 
    Annotated (1996) and to the 1997 Cumulative Annual Pocket Part.

Primary Elections, when held.
          Second Tuesday in September in even-numbered years. 
        (Sec. 5.02(18)) (September 8, 1998).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Nomination papers.--Nomination papers shall be 
        circulated no sooner than June 1 preceding the general 
        election (Sec. 8.15(1)). Signatures of party members 
        are required equal in number to not less than 2,000 nor 
        more than 4,000 electors (Sec. 8.15(6)(a)). File with 
        the elections board not later than 5 p.m. on second 
        Tuesday in July preceding primary (Sec. Sec. 8.15(1), 
        8.15(8)(a)) (July 14, 1998).
          Declaration of candidate.--Declaration must accompany 
        nominating papers, that if nominated and elected, 
        candidate will qualify for office for which he seeks 
        nomination (Sec. 8.15(4)(b)).
          Independent candidate
          Nomination papers.--Nomination papers should be 
        circulated no sooner than June 1 preceding the election 
        (Sec. 8.20(8)(a)). Signatures are required of not less 
        than 2,000 nor more than 4,000 electors (Sec. 8.20(4)). 
        File with elections board not later than 5 p.m. on 
        second Tuesday in July (Sec. 8.20(8)(a)) (July 14, 
        1998).
Filing Fees and Assessments--No statutory provision.
Crossfiling by Candidates.
          Prohibited.--No filing officer shall accept 
        nomination papers for any candidate to run in more than 
        one party primary at the same time. An independent 
        candidate at a partisan primary or other election may 
        not file nomination papers as the candidate of a 
        recognized political party for the same office at the 
        same election, or vice versa. A person who files 
        nomination papers as the candidate of a recognized 
        political party may not file nomination papers as an 
        independent candidate for the same office at the same 
        election (Sec. 8.15(7)).
          If nominated to the same office by more than one 
        party, or nominated for more than one partisan or state 
        nonpartisan office, candidate's name shall appear under 
        the first party nominating him or under the office to 
        which he was first nominated. If the double nomination 
        is simultaneous, candidate shall file statement 
        declaring his party or office preference 
        (Sec. 8.03(1)). However, this provision does not apply 
        when a candidate for President or Vice President of the 
        United States is nominated for another elective office 
        during the same election. If the candidate is elected 
        President or Vice President, such election shall void 
        his election to any other office. A special election 
        shall be held to fill any office vacated under this 
        subsection (Sec. 8.03(2)).
Subversive Parties Barred From Ballot.
          No provisions.
Write-in Provisions.
          Permitted in primary (Sec. 8.16(2), Supp.) and in 
        general elections (Sec. Sec. 5.64(1)(a), Supp., 
        7.50(2)(a), Supp.); on voting machines 
        (Sec. 7.50(2)(h), Supp.).
Vacancy in Office.
          If a vacancy occurs it shall be filled by temporary 
        appointment by the Governor, which appointment shall 
        continue until a successor is elected for the unexpired 
        term. If the vacancy occurs 60 days or more prior to 
        the second Tuesday in July in even-numbered years, such 
        vacancy shall be filled at the September primary and 
        general election in such even year. If the vacancy 
        occurs less than 60 days prior to the second Tuesday in 
        July in even-numbered years, it shall be filled 2 years 
        hence (Sec. 17.18(2)). The provisions for election for 
        the unexpired term do not apply if the next general 
        election is one at which the vacant Senate seat is to 
        be filled for a full term. The Senator so elected shall 
        take office as soon as possible after receiving a 
        certificate of election.
          Following any regular election to the U.S. Senate in 
        which the incumbent Senator is not reelected, the 
        Governor shall, if the incumbent Senator resigns after 
        the election and prior to the expiration of his or her 
        term, immediately appoint the Senator-elect for the 
        balance of the unexpired term (Sec. 17.18(2)).

                                Wyoming

 Unless otherwise designated, references are to the Wyoming Statutes, 
                            Annotated, 1997.

    The State of Wyoming will not be holding senatorial 
elections in 1998. The following statutory provisions are 
listed for future reference.
         First Tuesday after third Monday in August in general 
        election years (Sec. 22-5-201) (August 18, 1998).
Nominating Papers, Petitions, etc.
          Party candidate for primary
          Application for nomination.--File with Secretary of 
        State not more than 96 and not less than 74 days before 
        primary (Sec. Sec. 22-5-206(a), 22-5-209).
          Independent candidate
          Nomination by petition.--Signatures required from 
        registered electors equal to 5 percent of total number 
        of votes cast for Representative in Congress in last 
        general election in state (Sec. Sec. 22-5-301, 22-5-
        304.) File with Secretary of State 70 days before 
        general election (Sec. Sec. 22-5-306, 22-5-206(a), 22-
        5-307, Supp.)
Write-in candidate in primary.
          Acceptance of nomination.--Write-in candidate must 
        accept nomination within 5 days after notification by 
        canvassing board of nomination (Sec. 22-5-219).
Filing Fees and Assessments.
          Primary candidates (Sec. 22-5-208).
          Amount.--$200.
          Date of payment.--When filing application for 
        nomination.
          To whom paid.--Secretary of State.
          Independent candidates (Sec. 22-5-306).
          Amount.--$200.
          Date of payment.--When filing nomination petition.
          To whom paid.--Secretary of State.
          Write-in candidates.--(Sec. 22-5-219).
          Amount.--$200.
          Date of payment.--Within 5 days after notification of 
        nomination by canvassing board.
          To whom paid.--Secretary of State.
Crossfiling by Candidates.
          Prohibited.--Must be a member of party whose 
        nomination he seeks (Sec. 22-5-204, Supp.).
          A candidate defeated in a primary election is 
        disqualified from being a candidate by petition 
        (Sec. 22-5-302).
          The name of a candidate shall be printed on the 
        ballot but once (Sec. 22-6-112).
Write-in Provisions.
          Permitted in primary (Sec. 22-6-119); in general 
        election (Sec. 22-6-120, Supp.); on voting machines 
        (Sec. 22-10-101); on electronic voting systems 
        (Sec. 22-11-103).
Vacancy in Office.
          Any vacancy in any other elective office in the state 
        except Representative in Congress or the board of 
        trustees of a school or community college district, 
        shall be filled by the governing body by appointment of 
        a temporary successor to serve until a successor for 
        the remainder of the unexpired term is elected at the 
        next general election and takes office on the first 
        Monday of the following January (Sec. 22-18-111(a)).
=======================================================================


                                PART IV

             CAMPAIGN ACTIVITIES BY CONGRESSIONAL EMPLOYEES

=======================================================================

      
           CAMPAIGN ACTIVITIES BY CONGRESSIONAL EMPLOYEES \1\
---------------------------------------------------------------------------

    \1\ By Jack H. Maskell, Legislative Attorney, American Law 
Division, Congressional Research Service, Library of Congress.
---------------------------------------------------------------------------

                     A. General Campaign Activities

    There are no Federal statutes, regulations, or rules of 
Congress which specifically prohibit congressional employees 
from voluntarily engaging in general campaign activity. The 
broad prohibition against partisan political campaigning, even 
on one's own free time, which had been in effect for most 
executive branch employees in the federal civil service under 
what was commonly known as the ``Hatch Act,'' has not been 
applicable to the staff of elected federal officials, such as 
congressional employees.\2\ Apart from certain restrictions in 
the area of campaign funds and finances,\3\ Senate staffers may 
continue to participate in political campaign activities during 
their free time.
---------------------------------------------------------------------------
    \2\ Most restrictions prohibiting voluntary campaign activities on 
one's free time have now been removed from the ``Hatch Act'' for most 
federal employees. Pub.L. 103-94, 107 Stat. 1001; 5 U.S.C. 
Sec. Sec. 7321 et seq.
    \3\ See 18 U.S.C. Sec. Sec. 602 (contributions to one's employer), 
603 (soliciting contributions from federal employees), 607 (soliciting 
contributions in a federal building), and Senate Rule 41 (campaign fund 
activity by Senate staff).
---------------------------------------------------------------------------
    Although there are no broad prohibitions on campaign 
activities by congressional staff on their own free time, there 
do exist general guidelines, ethical standards, and rules in 
Congress which indicate that official congressional staff, 
since they are federal employees paid by monies appropriated 
from the United States Treasury, are considered to be 
compensated for services rendered for public purposes, that is, 
for the performance of ``official'' congressional duties,\4\ 
rather than for personal campaigning for a Member. It is a 
general principle of federal appropriations law that federal 
monies are to be used only for the purposes for which they were 
appropriated.\5\ These various standards and principles have 
been generally interpreted in Congress to mean that employees 
may not engage in campaign activities on behalf of a Member to 
the neglect of their official duties; but that once employees 
have fulfilled their official congressional duties for which 
they are compensated from public funds, they may then generally 
engage in partisan campaign activities on their own ``free 
time'' or ``off-duty'' hours.\6\
---------------------------------------------------------------------------
    \4\ See now ``Senate Ethics Manual,'' S. Prt. 104-60, 104th Cong., 
2d Session, at 249 (Sept. 1996); note also S. Rept. 95-500, 95th Cong. 
1st Sess. p. 4; S. Rept. 95-241, 95th Cong., 1st Sess. p. 1.
    \5\ 31 U.S.C. Sec. 1301(a); see Principles of Federal 
Appropriations Law, United States General Accounting Office (1982), 3-
138 to 139.
    \6\ Senate Select Committee on Ethics Interpretative Rulings Nos. 
3, 5, 22, 59, 88, 154, 194, 263, 302, 326, 349; note also House 
Committee on Standards Advisory Opinion No. 2 (1973).
---------------------------------------------------------------------------
    In addition to congressional ethical standards and rulings, 
there may be potential legal implications if salaries are 
claimed from public appropriations for individuals merely for 
their performance of non-official, campaign services on behalf 
of a Member, or anyone else. Although federal court decisions 
have shown that there may be questions of justiciability of 
civil liability claims under the specific provisions of the 
federal False Claims Act,\7\ criminal liability might possibly 
attach in certain severe factual circumstances where schemes to 
compensate individuals from public monies merely for campaign 
services rendered to a Member, or to another, are considered to 
constitute a fraud against the government,\8\ or a ``theft'' of 
government salary or services.\9\
---------------------------------------------------------------------------
    \7\ 31 U.S.C. Sec. Sec. 3729, 3730, see United States ex rel. 
Joseph v. Cannon, 642 F.2d 1373 (D.C. Cir. 1981), cert. denied 455 U.S 
999 (1982).
    \8\ See United States v. Clark, Criminal No. 78-207 (W.D. Pa. 
1978); note also in other contexts, United States v. Diggs, 613 F.2d 
988 (D.C. Cir. 1979), cert. denied, 446 U.S. 982 (1980); and United 
States v. Pintar, 630 F.2d 1270, 1275 (8th Cir. 1980).
    \9\ 18 U.S.C. Sec. 641. See United States v. Bresnahan, Criminal 
No. 93-0409 (D.D.C. 1993).
---------------------------------------------------------------------------
    Even though an individual is on a Member's official payroll 
and receiving salary for official duties, there is no flat 
prohibition upon an employee of a Member of Congress receiving 
outside compensation from a campaign committee for campaign 
related duties during such person's non-congressional and non-
official time.\10\ In fact, if a staffer is to perform 
extensive campaign activities for the Member, such person might 
have his or her official salary reduced commensurate with the 
decrease in official duties to be performed during this period, 
or be removed from the official payroll, and have the campaign 
committee compensate that person for the outside political 
campaign duties performed, to assist in avoiding any 
implication that official funds are compensating one for 
political activities.
---------------------------------------------------------------------------
    \10\ Note, for example, Senate Select Committee on Ethics 
Interpretative Ruling Nos. 357, December 16, 1982, and 402, October 18, 
1985.
---------------------------------------------------------------------------
    Finally, at any time, but particularly during a campaign, 
the public's perception of the conduct of an elected official 
and his or her staff may have significance beyond the mere 
conformity with the technical requirements of rules or 
statutes. When official staff are involved in a Member's 
reelection campaign, such activity may be an easy target for 
political opponents seeking media attention by charging that 
official government personnel are being used for private 
political campaigning, raising the specter of appearances of 
impropriety. Although one can not insulate a Member of 
Congress/candidate completely from specious and unfair 
political attacks, sufficiently precise and accurate record 
keeping and time logs of one's official congressional work and 
duties, for which one receives a salary from the government, 
may be useful for documentation during a period when the 
staffer is also working on the campaign during his or her 
``free'' or ``non-official'' time.

                   1. CAMPAIGNING AND OFFICIAL DUTIES

                 A. Congressional Standards and Rulings

    Congressional standards and rulings on campaign activities 
by staffers, and on the use of staff appropriations to pay 
individuals for campaign services, have established a clear 
ethical principle and rule to be observed in both Houses of 
Congress: Congressional staff are compensated from public funds 
for the performance of official congressional duties; that is, 
to assist a Member with his official legislative and 
representative duties, rather than merely for services rendered 
to the Member's reelection campaign. In a federal court 
decision concerning the congressional franking privilege, the 
United States District Court for the District of Columbia noted 
Congress' recognition of the principle that public funds are to 
be used for official congressional, and not for campaign 
purposes: ``It is clear from the record that Congress has 
recognized the basic principle that government funds should not 
be spent to help incumbents gain reelection.'' \11\ However, a 
congressional staffer may engage in campaign activities on his 
own ``free time'' or ``off duty'' hours as long as the staffer 
fulfills, and does not neglect those official duties required 
of him.
---------------------------------------------------------------------------
    \11\ Common Cause v. Bolger, 574 F.Supp. 672, 683 (D.D.C. 1982).
---------------------------------------------------------------------------
    Since congressional staff may work irregular hours often 
depending upon the time the Senate or House stays in session, 
and since a staffer's specific official duties are assigned by 
the Member within his discretion, it is generally recognized 
that a staffer's ``free time'' or ``off-duty'' hours might 
occur in what is typically considered the conventional work 
day. It is also recognized that in the practical operation of a 
Member's office some minimal campaign related activities might 
unavoidably be performed by a Member's staff in the course of 
their official congressional duties for a Member. It has been 
suggested that although some minimal ``overlap'' may reasonably 
exist, it is the Member's responsibility to keep such campaign 
related activities by staff during duty hours to a ``de 
minimis'' amount, and to observe the general principle that 
staff are compensated from public funds for their assistance in 
the Member's official legislative and representative duties, 
rather than merely for services to the Member's own political 
campaign.

                 B. Senate Rulings and Interpretations

    The use of staff on political campaigns was reviewed during 
the 95th Congress by various committees in the Senate. In 
recommending changes in the Senate Rules, the Special Committee 
on Official Conduct of the 95th Congress had proposed a rule 
which would have specifically required Senate employees who 
engaged ``substantially'' in campaign work to be removed from 
the Senate payroll. The proposal was dropped from the final 
measure, however, and as a compromise the measure directed the 
Senate Rules and Administration Committee to study this issue 
and to report proposals concerning the use of official staff by 
holders of public office.\12\ The Special Committee had been 
desirous of some specific rule to express the existing general 
standard with regard to Senate employees since it felt that 
``the public is entitled to know that those employees in the 
Senate, receiving government salaries, are doing the public's 
business and not working directly for the reelection of their 
employer.'' \13\
---------------------------------------------------------------------------
    \12\ See 123 Cong. Rec. 8041 (1977).
    \13\ S. Rept. 95-49, 95th Cong., 1st Sess. p. 14.
---------------------------------------------------------------------------
    In its report on the rules, standards, and laws governing 
the use of Senate staff for political campaigns, as directed by 
S. Res. 110, 95th Congress, the Senate Rules and Administration 
Committee found that the standard and practice in the Senate 
was that staffers may engage in political campaign activities 
on behalf of their employer as long as they fulfill the 
official congressional duties required of them. That report 
states in part as follows:
          . . .[T]he general rule . . . which has been relied 
        on to date by Senators and officers and employees of 
        the Senate for guidance [is]: that members of the 
        Senator's staff are permitted to engage in the 
        reelection campaign of a Senator, as long as that staff 
        member does not neglect his or her Senate duties. The 
        nature and scope of a staff member's Senate duties are 
        determined by each Member of the Senate. Such duties 
        necessarily encompass political and representational 
        responsibilities, as well as legislative, 
        administrative, or clerical ones, and are often 
        performed during irregular and unconventional work 
        hours. A similar rule of practice has been followed in 
        the House of Representatives, and would be generally 
        applicable to other Federal employees not covered by 
        the Hatch Act.\14\
---------------------------------------------------------------------------
    \14\ S. Rept. 95-500, 95th Cong., 1st Sess. p. 4.
---------------------------------------------------------------------------
    The report of the Senate Rules and Administration Committee 
on a 1977 amendment to the Senate Rule restricting campaign 
fund activity of Senate staff (now Rule XLI) is further 
illustrative of the standards in the Senate concerning 
campaigning by staff employees. The Committee concluded that 
Senate employees may participate in campaign activities on 
behalf of a Senator ``so long as they don't neglect their 
Senate duties''; and may do so during vacation time, annual 
leave or on a leave of absence:
          The committee is not aware of any laws which prohibit 
        individuals who are part of a Senator's staff from 
        participating in a Senator's reelection campaign as 
        long as they do not neglect their Senate duties, and 
        the committee does not feel there should be such 
        proscriptions. Furthermore, it is neither illegal nor a 
        violation of Senate Rules for a member of a Senator's 
        staff to work full time in political campaigns while on 
        annual leave or vacation time or while on leave of 
        absence from his or her Senate duties, and the 
        committee feels there should not be any proscription of 
        such actions.\15\
---------------------------------------------------------------------------
    \15\ S. Rept. 95-241, 95th Cong., 1st Sess. p. 1. See new Senate 
Ethics Manual, supra at Chapter 6.
---------------------------------------------------------------------------
    Subsequent interpretative rulings by the Senate Select 
Committee on Ethics have similarly expressed the ethical 
principle and rule to be observed in the Senate. Although the 
Senate Rules do not specifically require it, the Senate Select 
Committee on Ethics has advised Members and staff that to 
assure that a staffer is performing official duties 
commensurate with his congressional salary, a staffer who is to 
engage in political campaign activities on behalf of a Member 
for any ``extended period'' should be removed from the public 
payrolls, or have his salary reduced to reflect his reduction 
in official duties. Some of these rulings are excerpted below:
    Interpretative Ruling No. 3, May 5, 1977:
          No provision of the Code of Official Conduct 
        prohibits staff from attending a campaign fundraising 
        event outside office hours or while on recorded 
        vacation leave. The interim position of this Committee 
        is that Senators should encourage staff to remove 
        themselves from the payroll during periods which they 
        expect to be heavily involved in campaign activities. 
        Routine participation after hours or an annual leave 
        time is not now prohibited by the Code of Conduct.
    Interpretative Ruling No. 59, September 13, 1977:
          . . . Members can and should remove staff from the 
        Senate payroll when they are to participate for an 
        extended period in substantial campaign activities. One 
        is not removed from the payroll by being placed in a 
        ``terminal vacation leave'' status.
    Interpretative Ruling No. 88, November 16, 1977:
          Although the staff member cannot make a direct 
        contribution to a Member of Congress (and thus cannot 
        attend as a paying guest), nothing in the Code of 
        Official Conduct prohibits the staff member from 
        attending the fundraiser on his own time . . . .
    Interpretative Ruling No. 154, June 22, 1978:
          As to the possibility of minimal involvement by a 
        staff assistant with campaign-related business, the 
        Select Committee believes that in a Senator's 
        reelection campaign there might be some inadvertent and 
        minimal overlap between the duties of a Senator's staff 
        with respect to the Senator's representational function 
        and his reelection campaign. However, a Senator has the 
        responsibility to insure that such an overlap is of a 
        de minimis nature and that staff duties do not conflict 
        with campaign responsibilities.
    Interpretative Ruling No. 194, October 8, 1978:
          . . . [T]he Select Committee ruled that it is 
        preferable for a Senator to either reduce the salary or 
        remove an employee from the Senate payroll when the 
        employee intends to spend additional time on campaign 
        activities, over and above leave or vacation time. The 
        Committee recognizes that staff members ought to be 
        able to use bona fide vacation time for political 
        campaign activity. As long as an office has an 
        established and reasonable annual leave policy, and as 
        long as an employee takes no more than the amount of 
        time normally allowed for such leave, the Committee 
        believes that an employee may engage in campaign 
        activities during that time.
    Interpretative Ruling No. 263, June 12, 1979:
          Other than the restrictions on political fund 
        activity in Senate Rule 49 [now Rule 41], no rule 
        expressly prohibits campaign activity by staff during 
        off-duty hours or during established and reasonable 
        annual leave time. In addition, the Committee believes 
        that Senate employees may engage in limited campaign-
        related activities during Senate hours, provided that 
        the time involved is de minimis and such activity does 
        not interfere with the employee's official Senate 
        duties. However, if an employee intends to spend a 
        substantial amount of time on campaign activities, the 
        Committee has ruled that a Senator should use his or 
        her best judgment in determining whether to remove the 
        staff member from the Senate pay roll or reduce his or 
        her salary commensurately.
    Interpretative Ruling No. 302, February 21, 1980:
          It is a Member's prerogative in staffing his or her 
        office to prescribe an employee's duties and hours, and 
        to consent to certain outside activities. Other than 
        the restrictions on political fund activity in Senate 
        Rule 41, no rule expressly prohibits political activity 
        by staff during off-duty hours or during established 
        and reasonable annual leave time. However, if an 
        employee intends to spend a substantial amount of time 
        on campaign activities, the Committee has ruled that a 
        Senator should use his or her best judgment in 
        determining whether to remove the staff member from the 
        Senate payroll or reduce his or her Senate salary 
        commensurately.
    Interpretative Ruling No. 326, July 1, 1980:
          There is no provision of the Code of Official Conduct 
        which prohibits such service [as a political party's 
        National Committee Chairwoman from staffer's home state 
        during off-hours and without compensation] by a member 
        of the personal staff of a Senator. As S. Rept. 95-241 
        (95th Cong.) indicated, except for prohibitions of Rule 
        41 with respect to the handling of campaign funds, ``it 
        is neither illegal nor a violation of Senate Rules for 
        a member of a Senator's staff to work full-time in 
        political campaigns while on annual leave or vacation 
        time or while on leave of absence from his or her 
        Senate duties. . . .''
          If involvement in any campaign activity becomes 
        extensive, however, the supervising Member may find it 
        wise to remove the employee from the payroll for the 
        period of extensive campaign involvement. See for 
        example, Interpretative Ruling No. 3 (May 5, 1977); 
        Interpretative Ruling No. 309 (February 21, 1980). This 
        is important for the supervising Senator to recognize, 
        because the position of National Committeeman or 
        Committeewoman for a political party is an important 
        position which could conceivably require a great deal 
        of time on the part of the Senate employee.
    Interpretative Ruling No. 402, October 18, 1985
          In light of the Senator's apparent determination that 
        his secretary's services for his campaign committees do 
        not conflict with her Senate duties, her receipt of 
        compensation is not prohibited by Senate Rules.

             C. Official Duties Versus Campaign Activities

    Although the ethical standards, guidelines and rules in 
Congress discussed above generally permit ``campaign'' 
activities on behalf of a Member once staffers have fulfilled 
their ``official'' duties, there are generally no specific job 
descriptions for committee or Member staff which are comparable 
to the job descriptions currently in force in the civil 
service. There is therefore no detailing of what a staffer's 
``official'' duties may entail, or precisely what activities 
are involved in or excluded from assisting a Member with his 
``official and representative'' duties. Traditionally, the 
specific duties of a Member's staff are within the discretion 
of the employing Member to best meet the Member's needs and 
those of his or her constituents. As to the exercise of this 
discretion, however, the United States Court of Appeals for the 
District of Columbia, in upholding a conviction of a Member of 
Congress for using clerk hire appropriations to compensate 
individuals who performed mostly non-congressional duties, 
agreed with expert testimony that it is ``within a 
congressman's discretion to define the parameters of an 
employee's responsibilities as long as those responsibilities 
relate to the congressman's `official and representative' 
duties.'' \16\
---------------------------------------------------------------------------
    \16\ United States v. Diggs, 613 F.2d 988 at 997 (D.C. Cir. 1979), 
cert. denied 446 U.S. 982 (1980).
---------------------------------------------------------------------------
    The general distinction between ``official'' legislative 
and representative duties on the one hand, and ``campaign'' 
activities on the other, is a traditional distinction of long-
standing in Congress. For example, in the use of the Member's 
franking (free mailing) privilege Members may frank 
``official'' mail matter but may not send ``political'' 
campaign material under the frank. The franking statute and 
regulations instruct Members and staff that it is permissible 
to frank materials relating to ``the conduct of the official 
business, activities, and duties of the Congress'' . . . 
covering ``all matters which directly or indirectly pertain to 
the legislative process or to any congressional representative 
functions generally, or to the functioning, working or 
operating of the Congress and the performance of official 
duties in connection therewith. . . ,''\17\ but that the frank 
is not available for sending material complimentary or 
laudatory of a Member on a purely ``political basis rather than 
on the basis or performance of official duties'' nor material 
``which specifically solicits political support for the sender 
or any other person or any political party, or a vote or 
financial assistance for any candidate for any public office.'' 
\18\ In upholding the franking statute against a constitutional 
challenge, a three judge panel of the District Court for the 
District of Columbia noted that Congress had drawn a statutory 
distinction between ``official mailings, those related directly 
to the legislative and representative functions of Congress,'' 
and ``unofficial'' mailings such as political material.\19\ The 
Court stated: ``It is clear from the record that Congress has 
recognized the basic principle that government funds should not 
be spent to help incumbents gain reelection. The details of the 
franking scheme, including its distinction between official and 
unofficial mailings, appear to be rationally designed to work 
for that end.'' Id. This distinction between campaign 
activities and official duties is also recognized and inherent 
in congressional rules and regulations such as the Senate rule 
on unofficial office accounts,\20\ computer facilities,\21\ and 
in other statutory provisions such as the Federal Election 
Campaign Act (see 2 U.S.C. Sec. 439a) and the provision of the 
franking law on ``mass mailings'' of newsletters and similar 
material.\22\
---------------------------------------------------------------------------
    \17\ 39 U.S.C. Sec. 3210(a)(1) and (2).
    \18\ 39 U.S.C. Sec. 3210(a)(5)(A) and (C)).
    \19\ Common Cause v. Bolger, 574 F.Supp. 672, 683 (D.D.C. 1982).
    \20\ See Senate Rule 38, and S. Rept. 95-49, 95th Cong., 1st Sess. 
pp. 11, 46; note also for comparison, House Rule XLV; see H. Doc. 95-
73, 95th Cong. 1st Sess. pp. 16-17, discussing proposal of this rule.
    \21\ Senate Rule XL(5).
    \22\ 39 U.S.C. Sec. 3210(f); see discussion in H. Rept. 96-281, 
96th Cong. 1st Sess. p. 5.
---------------------------------------------------------------------------
    Although the distinction between ``official'' duties and 
``campaign'' activities is a common one in congressional 
matters, because of the various public, political, and official 
roles which a Member may assume in connection with his position 
in Congress, there may be instances where this distinction is 
less clear than in others, or where one area may intrude into 
the other. As noted by the United States District Court in the 
franking case: ``To state the obvious, it is simply impossible 
to draw and enforce a perfect line between the official and 
political business of Members of Congress.'' \23\
---------------------------------------------------------------------------
    \23\ Common Cause v. Bolger, supra at 683.
---------------------------------------------------------------------------
    Some confusion may initially be caused by the labelling of 
some of the official representational duties of a Member of 
Congress as ``political'' in nature. The Supreme Court in a 
case concerning the immunity of Members from prosecution under 
the constitutional ``Speech or Debate Clause'', noted that in 
addition to the ``purely legislative activities protected by 
the Speech or Debate Clause,'' there are representational 
duties of a Member of Congress which, although ``appropriate'' 
and ``legitimate,'' might be characterized as ``political in 
nature . . . because they are a means of developing continuing 
support for future elections,'' and which do not have ``the 
protection afforded by the Speech or Debate Clause.'' \24\ 
These ``appropriate'' representational duties of Members of 
Congress may include ``legitimate errands performed for 
constituents, the making of appointments with Government 
agencies, assistance in securing Government contracts, 
preparing so-called `newsletters' to constituents, news 
releases, and speeches delivered outside of Congress.'' \25\ 
This distinction made by the Supreme Court, it should be noted, 
was for purposes only of coverage of the Speech or Debate 
Clause immunity, which the Court said extends to the official 
legislative duties of a Member, but not necessarily to all of 
the official representative functions of the Member.
---------------------------------------------------------------------------
    \24\ United States v. Brewster, 408 U.S. 501, 512 (1972).
    \25\ Id. at 512.
---------------------------------------------------------------------------
    Even though these constituent services and communications 
to constituents, which are part of the Member's legitimate 
representative duties, might arguably be characterized as 
``political in nature,'' they are generally distinguishable, as 
far as the congressional ethical principle involved, from those 
activities typically understood by congressional rule, statute, 
and practice to be political ``campaign'' activities, such as 
the solicitation of political contributions, canvassing votes 
for a candidate in a primary or general election, organizing a 
political fundraiser, coordinating campaign volunteer lists, 
etc. The Supreme Court in Buckley v. Valeo,\26\ noted that a 
particular statute in the federal campaign laws is specifically 
directed at Congress' accommodating this distinction ``between 
the legitimate and necessary efforts of legislators to 
communicate with their constituents'' on the one hand, and 
``activities designed to win elections by legislators in their 
other role as politicians,'' on the other.\27\
---------------------------------------------------------------------------
    \26\ 424 U.S. 1 (1976).
    \27\ Id. at 84, n. 112; see also Common Cause v. Bolger, supra.
---------------------------------------------------------------------------
    There is some practical concern, however, expressed over 
the potential and arguably unavoidable, ``overlap'' or 
intrusion of some minimal campaign related activities into the 
official operation of a Member's office. In responding to 
official inquiries from the press or inquiries from 
constituents, congressional staffers may need to respond to 
questions dealing with issues or matters which relate to or 
bear upon a Member's political campaign as well as his official 
legislative and representative duties.\28\ Similarly, 
scheduling assistance and information from the Member's 
official staff may be requested by the campaign staff to assure 
that the Member's campaign schedule does not conflict with his 
official agenda. Both ethics committees in Congress realize 
that some of this minimal overlapping may exist in the 
practical operation of a Member's office, and thus the Senate 
Select Committee on Ethics has noted that ``there might be some 
inadvertent and minimal overlap'' between the staff's official 
duties and activities related to a Member's campaign but that 
``a Senator has the responsibility to insure that such an 
overlap is of a de minimis nature and that staff duties do not 
conflict with campaign responsibilities.'' \29\ Similarly, the 
House Committee on Standards of Official Conduct has recognized 
that in a practical sense it may not be possible to have an 
absolute separation of duties during the work day but that the 
``Committee expects Members of the House to abide by the 
general proposition'' that staffers are to work on campaign 
related matters during their ``free time'' after the completion 
of their official duties.\30\
---------------------------------------------------------------------------
    \28\ ``Answering questions about one's voting record is clearly 
part of a Senator's official responsibilities. The fact that he 
explains his voting record in response to a political attack does not 
turn such explanations into campaign activities.'' Senate Select 
Committee on Ethics, Interpretative Ruling No. 419, September 22, 1987.
    \29\ Interpretative Ruling No. 154, June 22, 1978.
    \30\ Advisory Opinion No. 2, July 11, 1973.
---------------------------------------------------------------------------
    To avoid some of the more serious problems which may arise 
by the performance of regular campaign responsibilities by a 
staff employee on the public payroll, the Senate Select 
Committee on Ethics has recommended on various occasions that 
when a staffer is to engage in campaign activities on behalf of 
the Member for any ``extended'' period or to any 
``substantial'' degree that the Member either remove the 
staffer from the Senate payroll for that period and compensate 
the staffer with campaign funds, or reduce the staffer's 
compensation from public funds commensurately with the 
reduction in official duties of the staffer during his time of 
increased campaign activities.\31\ Congressional employees may 
also campaign on behalf of a Member of Congress while on 
established annual leave or other vacation time.\32\ There is 
no general prohibition in the House or the Senate on a 
congressional staffer receiving reimbursement or compensation 
from a campaign committee for campaign work performed on off-
duty, non-official time, even while still on the congressional 
payroll and being compensated from official funds for the 
performance of official congressional duties.\33\
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    \31\ Interpretative Ruling Nos. 3, 5, 59, 194, and 263.
    \32\ See, for example, Senate Select Committee on Ethics, 
Interpretative Ruling Nos. 194, 263.
    \33\ Note, for example, Senate Select Committee on Ethics, 
Interpretative Ruling Nos. 357, 402.
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         2. FALSE CLAIMS, FRAUD AND THEFT: FEDERAL CRIMINAL LAW

    In addition to the congressional ethical standards and 
guidelines discussed, it is possible that legal implications 
may arise for Members and staff if individuals, compensated 
from public funds, perform no congressional duties or only a 
nominal percentage of official duties for such compensation, 
but rather mainly provide campaign services to the Member. It 
has been argued that since a Member makes a claim to the United 
States Government for the staffer's salary, and that since such 
salary is intended as compensation for assisting the Member in 
his ``official'' duties, then using that individual for other 
than the official purposes contemplated might involve a false 
claim, a false statement, or a fraud upon the government. This 
may be particularly relevant where the employing Member or 
committee chairman must certify in writing that the employee is 
regularly performing official duties.
    There have been several civil suits initiated by private 
citizens under the False Claims Act (31 U.S.C. Sec. Sec. 3729, 
3730) against Members of Congress for compensating individuals 
from the clerk-hire or other staff allowances when those 
individuals allegedly did not perform any, or did not mainly 
perform, official congressional duties for such compensation. 
These civil suits, however, have generally been dismissed on 
jurisdictional or procedural grounds without a trial on the 
merits of the facts alleged.\34\
---------------------------------------------------------------------------
    \34\ United States ex rel. Thompson v. Hays, Civil Action Nos. 76-
1068, 1132 and 1140; United States ex rel. Martin-Trigona v. Daley, 
Civil Action No. 1164 (D.D.C. 1976); United States ex rel. Joseph v. 
Cannon 642 F.2d 1373 (D.C. Cir. 1981), cert. denied, 455 U.S. 999 
(1982); but see United States ex rel. Hollander v. Clay, 420 Supp. 853 
(D.D.C. 1976), concerning appropriations for transportation.
---------------------------------------------------------------------------
    In United States ex rel. Joseph v. Cannon,\35\ a three 
judge panel of the United States Court of Appeals for the 
District of Columbia dismissed as a non-justiciable ``political 
question'' a civil suit under the False Claims Act initiated by 
a private citizen against a Member of Congress for making 
claims for a staffer's official salary when that staffer 
allegedly worked extensively and exclusively on the Member's 
reelection campaign for a period of time while continuing to 
receive a salary from appropriated funds. The Court of Appeals 
noted that ``political questions are denied judicial scrutiny'' 
because the courts are ``underequipped to formulate national 
policies or develop standards of conduct for matters not legal 
in nature.'' \36\ The courts might thus find a non-justiciable 
political question where there is a ``lack of judicially 
discoverable and manageable standards'' for resolving an issue. 
As to the use of senatorial staff on a Member's reelection 
campaign, the court found that the lack of specificity in the 
ethical guidelines existing in 1976 concerning ``official'' 
duties of Senate staff, and the failure of the Senate to 
promulgate a specific rule on campaigning by staffers at that 
time ``reveals the lack of firm standard during that period 
relevant to this case, and vividly portrays the keen 
difficulties with which courts would be faced were they to 
attempt to design guidelines on their own,'' \37\ Thus, the 
Court found that ``in the absence of any discernible legal 
standard . . . we are loathe to give the False Claims Act an 
interpretation that would require the judiciary to develop 
rules of behavior for the Legislative Branch.'' \38\ In 
dismissing the action, the Court of Appeals warned that ``[i]n 
doing so, we do not, of course, say that Members of Congress or 
their aides may defraud the Government without subjecting 
themselves to statutory liabilities.''
---------------------------------------------------------------------------
    \35\ 642 F.2d 1373 (D.C. Cir. 1981), cert. denied, 455 U.S. 999 
(1982).
    \36\ Id. at 1379.
    \37\ Id. at 1380.
    \38\ Id. at 1385.
---------------------------------------------------------------------------
    The Court of Appeals' warning concerning statutory 
liability for fraud is well taken considering past criminal 
actions against former Members of the House of Representatives 
for false statements and fraud involving the compensation of 
individuals from clerk-hire appropriations when such 
individuals performed few or no official congressional duties 
in return for that compensation. In an appeal of a criminal 
case,\39\ the United States Court of Appeals for the District 
of Columbia upheld the conviction of a Member of the House for 
false statements (18 U.S.C. Sec. 1001) and mail fraud (18 
U.S.C. Sec. 1341) for a scheme whereby individuals were being 
compensated from public funds, that is, clerk hire 
appropriations, but were performing only nominal official 
congressional duties. The Court of Appeals found that although 
the ``employees'' involved may have performed some official 
congressional services for the Member, ``only a nominal 
percentage of [the employees'] responsibilities were 
congressionally related,'' and thus there was sufficient 
evidence for a jury to conclude that the employees were paid 
from the clerk hire allowance ``with the intention of 
compensating them for services rendered to the [defendant's 
private business concern] or the defendant.'' \40\ Although it 
might be argued that ``it was a matter of [the Member's] 
discretion to fix their duties and salaries as congressional 
employees,'' the ``defendant's representations to the House 
Office of Finance that [the employees] were bona fide 
congressional employees were fraudulent and material in 
violation of 18 U.S.C. Sec. 1001.'' \41\
---------------------------------------------------------------------------
    \39\ United States v. Diggs, 613 F.2d 988 (D.C. Cir. 1979), cert. 
denied 446 U.S. 982, (1980).
    \40\ Id. at 1002.
    \41\ Id. A recent Supreme Court case, Hubbard v. United States, 115 
S. Ct. 1754 (1995), has called into question the applicability of 18 
U.S.C. Sec. 1001 to submissions made to Congress or the payroll office 
of either House of Congress. But see United States v. Rostenkowski, 68 
F.3d 489 (D.C. Cir. 1995).
---------------------------------------------------------------------------
    United States v. Pintar,\42\ did not involve Members of 
Congress and congressional employees, but did involve a fact 
situation where federal monies in a federal program were being 
used to pay persons for political campaign activities. In that 
case the court upheld a charge of a conspiracy to defraud the 
United States (18 U.S.C. Sec. 371) where there was ``strong 
evidence that the Pintars used [their authority] to direct 
employees whose salaries were funded by federal grants to 
perform political work during office hours,'' \43\ and that 
such concerted activities constituted a ``scheme to impair, 
obstruct, defeat or interfere with lawful governmental 
functions.'' \44\
---------------------------------------------------------------------------
    \42\ 630 F.2d 1270 (8th Cir. 1980).
    \43\ Id. at 1276.
    \44\ Id. at 1278.
---------------------------------------------------------------------------
    In a criminal action specifically involving campaign 
activities by congressional employees compensated from clerk-
hire funds, the Department of Justice in 1978 obtained a 
criminal indictment against a former Member of the House of 
Representatives, charging that the former Member while in 
Congress had defrauded the United States by placing 11 persons 
on his congressional payroll to pay them for operating and 
staffing various campaign headquarters in the former Member's 
reelection campaign.\45\ The indictment specifically charged 
violations of the mail fraud statute (18 U.S.C. Sec. 1341), 
among other violations, for using the mails to send payroll 
checks in executing ``a scheme and artifice to defraud the 
United States of America, and to obtain money and property by 
means of false and fraudulent pretenses, representations and 
promises. . . .'' \46\ The ``scheme,'' as charged in the 
indictment, was that the defendant ``would prepare and submit . 
. . clerk-hire allowance and payroll authorization forms to the 
Office of Finance of the House of Representatives which falsely 
represented that [certain named individuals] were bona fide 
employees of the defendant's congressional staff and that they 
were performing the type of services which entitled them to 
salaries stated in the clerk-hire forms,'' while willfully 
concealing that those named individuals were in fact placed on 
the House payroll ``in order to pay them for their work in 
maintaining, staffing, and operating various campaign 
headquarters opened for the purpose of reelecting the defendant 
to Congress.'' \47\ On February 13, 1979, the defendant/former 
Member of Congress pleaded guilty to the mail fraud and income 
tax evasion charges in this indictment in connection with those 
activities charged, and on June 12, 1979 was sentenced to two 
years in prison and fined $11,000.
---------------------------------------------------------------------------
    \45\ United States v. Clark, Criminal No. 78-207 (W.D. Pa. 1978).
    \46\ Grand Jury indictment, at 2.
    \47\ Grand Jury indictment, at 2-3. See also report of guilty plea 
of former member and spouse for ``using Congressional employees in [a] 
1992 House campaign.'' Roll Call, July 4, 1994, at p. 3.
---------------------------------------------------------------------------
    A congressional employee has also pleaded guilty in United 
States District Court to a criminal information in United 
States v. Bresnahan,\48\ concerning the receipt of a government 
salary and expenses for performing campaign duties in a 
congressional campaign. The criminal information charged that 
the defendant, an Administrative Assistant to a Member of 
Congress, ``traveled and caused other employees'' of the 
Congressman ``to travel from Washington, D.C., to Long Beach, 
California to work on the primary and general election campaign 
of a Congressional candidate. The defendant, at the direction 
of another, made it appear and directed the other employees to 
make it appear, that they were conducting official business. In 
fact, they worked on a Congressional campaign.'' During the 
time they worked on the congressional campaign, the employees 
``claimed to be performing official business, [and] the United 
States House of Representatives reimbursed the defendant and 
the other employees for diem expenses . . .[and they] also 
received money in the form of salary paid for the time that 
they campaigned.'' The congressional staffer pleaded guilty to 
18 U.S.C. Sec. 641, theft of government property, that is, the 
``salary and expenses paid to them by the United States House 
of Representatives. . . .''
---------------------------------------------------------------------------
    \48\ Criminal No. 93-0409 (D.D.C. 1993).
---------------------------------------------------------------------------
    The substantial conformance by Members and staff to the 
general ethical guidelines and principles established by the 
rulings and opinions of the Senate Select Committee on Ethics 
regarding the limitation of regular campaigning by 
congressional staff to their own ``free time'' or ``off-duty'' 
hours may thus work to assist a Member in assuring that public 
appropriations are not being utilized merely to finance one's 
own political campaign, and that persons compensated from staff 
appropriations are in fact ``bona fide'' congressional 
employees, performing the official congressional duties 
contemplated in the appropriation of their salaries, to which 
the Member may have certified in writing. This would apparently 
prevent the types of abuses and misrepresentations concerning 
the misuse of staff appropriations and public funds which have 
led to criminal fraud and theft charges against Members and 
staff in the past.

                     3. RUNNING FOR ELECTIVE OFFICE

    As noted above, congressional employees do not come within 
the restrictions of the so-called ``Hatch Act.'' Thus, unlike 
executive branch employees who are still barred from running 
for partisan elective office,\49\ the permissible campaign 
activities by staff employees of Members of Congress include 
running as a candidate for partisan elective office. A 
congressional employee is thus not prohibited by statute, or by 
congressional rule from running for such positions as delegate 
to party conventions, or for elective state, local or federal 
office. The considerations discussed above concerning 
electioneering or campaigning during ``free time,'' as opposed 
to ``working hours'' for which compensation is derived from the 
United States Treasury, would, of course, apply to running and 
campaigning for elective office in one's own campaign, as well 
as to campaign activity for another. Furthermore, any specific 
rules or guidelines of a particular Member's office should be 
examined and considered before undertaking any such outside 
endeavors.
---------------------------------------------------------------------------
    \49\ See now 5 U.S.C. Sec. 7323(a)(3), as amended by Pub.L. 103-94.
---------------------------------------------------------------------------
    Although congressional employees are not expressly 
prohibited from running for elective office, they may 
effectively be barred from simultaneously holding a full-time 
elective office and retaining their congressional employment. 
Federal statutes such as those dealing with dual pay and dual 
employment, and precedents and constitutional provisions with 
regard to ``incompatible offices'' would eliminate the 
possibility of holding two, full-time paid positions or offices 
with the federal government.
    As far as State, local, or any other outside positions, 
various Senate Rules concerning outside employment and 
conflicts of interest, may severely restrict, and effectively 
prohibit, a congressional employee from holding an outside, 
full-time position. When a State or local elective position, 
however, is intended merely to be a part-time position, 
entailing only evening and weekend hours or intermittent 
duties, the potential ``time'' conflict with one's 
congressional employment may be eliminated. In such an 
instance, when there is no apparent incompatibility or 
``subject matter'' conflict of interest between the State or 
local office and one's congressional employment, a 
congressional employee might be able to hold such a position 
when approval is received from his or her employing 
congressional office.
    Interpretative Rulings by the Senate Select Committee on 
Ethics have, for example, expressly permitted a full-time 
employee of a Member (the Member's press relations coordinator) 
to serve as a city council member at a salary of less than $200 
a month.\50\ Similarly, the Select Committee ruled that if 
adjustments were made in the official congressional salary of a 
staff member to reflect the decrease in the congressional work 
performed by the staffer because of a new position held, and if 
a restriction on Senate duties were imposed if necessary to 
avoid conflicts of interest, the staffer could run for and hold 
a compensated elected office in the state legislature and still 
remain a Senate employee in the district office of the 
Member.\51\
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    \50\ Interpretative Ruling No. 55, September 7, 1977.
    \51\ Interpretative Ruling No. 109, March 23, 1978; see also 
Interpretative Ruling No. 155, June 28, 1978.
---------------------------------------------------------------------------
    Although federal laws and rules might not prohibit such 
officeholding, state and local statutes and ordinances of the 
jurisdiction concerned should be examined, as those provisions 
often expressly prohibit an elected or appointed officer of the 
jurisdiction from simultaneously holding federal office or 
employment.
                     B. Campaign Funds and Finances

                       1. POLITICAL CONTRIBUTIONS

    There are specific restrictions within current federal law 
upon congressional employees in the area of soliciting or 
making political contributions. Federal criminal statutes 
presently prohibit a congressional employee from: (a) 
soliciting a political contribution for a federal campaign from 
any other federal officer, employee, or person receiving a 
salary or compensation for services from the United States 
Treasury (18 U.S.C. Sec. 602); and (b) making any political 
contribution to a federal officer, employee, person receiving a 
salary from the United States Treasury, or Member of Congress 
who is the employer or employing authority of the congressional 
staffer (now 18 U.S.C. Sec. 603).
    The relevant statutory language of these provisions reads 
as follows:
Sec. 602. Solicitation of Political Contributions
          (a) It shall be unlawful for--
                  (1) a candidate for the Congress;
                  (2) an individual elected to or serving in 
                the office of Senator or Representative in, or 
                Delegate or Resident Commissioner to, the 
                Congress;
                  (3) an officer or employee of the United 
                States or any Department or agency thereof; or
                  (4) a person receiving any salary or 
                compensation for services from money derived 
                from the Treasury of the United States; to 
                knowingly solicit, any contributions within the 
                meaning of section 301(8) of the Federal 
                Election Campaign Act of 1971 from any other 
                such officer, employee, or person. Any person 
                who violates this section shall be fined under 
                this title or imprisoned not more than three 
                years, or both.
Sec. 603. Making Political Contributions
          (a) It shall be unlawful for an officer or employee 
        of the United States or any department or agency 
        thereof, or a person receiving any salary or 
        compensation for services from money derived from the 
        Treasury of the United States, to make any contribution 
        within the meaning of section 301(8) of the Federal 
        Election Campaign Act of 1971 to any other such 
        officer, employee or person or to any Senator or 
        Representative in, or Delegate or Resident Commissioner 
        to, the Congress, if the person receiving such 
        contribution is the employer or employing authority of 
        the person making the contribution. Any person who 
        violates this section shall be fined not more than 
        $5,000 or imprisoned not more than three years or both.
        (b) For purposes of this section, a contribution to an 
        authorized committee as defined in section 302(e)(1) of 
        the Federal Election Campaign Act of 1971 shall be 
        considered a contribution to the individual who has 
        authorized such committee.

      A. Soliciting Political Contributions from Federal Employees

    The statute at 18 U.S.C. Sec. 602, as amended, prohibits 
congressional employees from ``knowingly'' soliciting political 
contributions from any other federal employee, officer, or 
person receiving salary for services from the United States 
Treasury.\52\ Inadvertent solicitations of federal employees, 
therefore, such as when part of a general fund raising campaign 
aimed at the general public, was not intended to be a violation 
of this provision or its predecessor.\53\ As stated in the 
House Report on the Federal Election Campaign Act Amendments of 
1979, amending Sec. 602:
---------------------------------------------------------------------------
    \52\ Note amendments in Pub.L. 103-94, as to competitive service 
employees covered by new ``Hatch Act'' provisions.
    \53\ See 113 Cong. Rec. 25703 (1973).
---------------------------------------------------------------------------
          In order for a solicitation to be a violation of this 
        section, it must be actually known that the person who 
        is being solicited is a federal employee. Merely 
        mailing to a list will no doubt contain names of 
        federal employees [and] is not a violation of this 
        section.\54\
---------------------------------------------------------------------------
    \54\ H. Rept. 96-422, 96th Cong. 1st Sess. p. 25.
---------------------------------------------------------------------------
    Unlike the statute prior to the amendments in 1979 (Pub.L. 
96-187) the current Sec. 602 prohibits only the 
``solicitation'' of political contributions from other federal 
employees and does not prohibit the ``receipt'' of such 
contributions. The House Report on the changes to Sec. 602 
noted: ``The provision prohibiting receipt of contributions by 
federal employees has been eliminated.'' \55\ It would not 
appear to violate the criminal statute at Sec. 602, therefore, 
for congressional employees to receive unsolicited political 
contributions from other federal employees, although Senate 
employees who are not political fund designees are prohibited 
from such activity under Senate Rule 41, discussed below.
---------------------------------------------------------------------------
    \55\ Id.
---------------------------------------------------------------------------
    Since the term ``contribution'' is defined for purposes of 
this restriction as that term is defined in Sec. 301(8) of the 
Federal Election Campaign Act of 1971, the prohibition on 
soliciting contributions from fellow federal employees will 
apparently not reach political contributions to support only 
state or local candidates. Section 301(8) of the FECA of 1971 
is now codified at 2 U.S.C. Sec. 431(8) and defines 
``contribution'' to mean ``any gift, subscription, loan, 
advance, or deposit or money or anything of value made by any 
person for the purpose of influencing any election for Federal 
office.'' Similarly, since Senate Rule 41 restricts political 
fund activity relating only to federal elections, Senate 
staffers would not be barred from soliciting and receiving 
voluntary contributions strictly for state or local candidates 
from fellow staffers or from other federal employees.
    In addition to prohibiting congressional employees from 
soliciting political contributions for federal elections from 
other federal employees, the statute likewise prohibits Members 
of and candidates for Congress from soliciting such 
contributions from federal employees. Members of Congress may 
therefore not ``solicit,'' but may now apparently accept 
unsolicited, voluntary contributions from federal employees. 
However, it should be noted that congressional staffers who are 
the Member's employees or under the employing authority of that 
Member are specifically prohibited from making even 
unsolicited, voluntary contributions to that Member of 
Congress, under 18 U.S.C. Sec. 603. As a practical matter, 
then, Members of Congress should not accept such contributions 
from their own employees.\56\
---------------------------------------------------------------------------
    \56\ Under the former statute, Members of Congress were also 
prohibited from receiving contributions from federal employees, 
including their staff, even where no solicitation of the contribution 
was shown. See Brehm v. United States, 196 F.2d 769 (D.C. Cir.), cert. 
denied., 344 U.S. 838 (1952), upholding conviction of Member of 
Congress for receiving campaign contribution from staff even without 
specific finding of solicitation. Id. at 770.
---------------------------------------------------------------------------
    The intent of the prohibition on solicitations, as 
discussed by its sponsors, was to prevent federal employees 
from being ``subject to any form of political assessment.'' 
\57\ Since the statute is directed at protecting employees who, 
because of their employment and positions may be subject to 
coercion, the prohibition of Sec. 602, as noted in the 
discussion prior to the adoption of the 1979 amendments, ``does 
not apply to solicitation of Members of Congress.'' \58\ This 
interpretation is consistent with the interpretation of the 
predecessor statute to 18 U.S.C. Sec. 602 which, as noted in a 
resolution adopted by the House in the 63rd Congress, 2d 
Session (1913), ``should not be construed to prohibit one 
Senator or Member of Congress from soliciting campaign 
contributions from another Senator or Member of Congress.'' 
\59\
---------------------------------------------------------------------------
    \57\ 125 Cong. Rec. 36754, December 18, 1979.
    \58\ Id.
    \59\ See VI Cannon's Precedents of the House of Representatives, 
Sec. 401, at 571-573; see also H. Rept. 99-277, 99th Cong., 1st Sess., 
pp. 13-14 (1985), House Committee on Standards of Official Conduct.
---------------------------------------------------------------------------
    The Department of Justice has also indicated in the past 
that in the exercise of prosecutorial discretion, the 
application of the statute in a criminal context would focus on 
``coercive'' contributions, and indications of political 
``shakedowns.'' \60\ It should be emphasized, however, that the 
plain language of the statutory prohibition does not expressly 
require this element of the offense, that is, does not 
expressly require coercion, and no judicial interpretation of 
the law has as yet expressly added such an element as being 
required in the indictment or proof to establish a violation, 
although cases have indicated that the underlying intent and 
ultimate objective of the statute was to protect employees from 
less-than-voluntary political conduct.\61\ Finally, in this 
regard, it should be noted that an employer-employee, or 
supervisor-supervisee relationship, might in itself arguably 
provide an initial presumption or indication of a coerced 
political solicitation; and even where solicitations are made 
by non-supervisory co-workers, if made during working time, 
fellow employees might conclude that the solicitation 
represented the interests of those higher in the organization 
and thus the element of coercion could be present.\62\ In light 
of these factors, and the express language of the criminal 
statute prohibiting such activity, the more cautious course of 
conduct for congressional employees would be to avoid any 
knowing and intentional solicitation of political contributions 
for a federal election from any other federal employee.
---------------------------------------------------------------------------
    \60\ See, for example, U.S. Department of Justice, Federal 
Prosecution of Election Offenses 15 (October 1980); H. Rept. 99-277, 
supra at pp. 4, 13-14.
    \61\ In Ex Parte Curtis, 106 U.S. 371, 374 (1882), the Supreme 
Court found that an earlier version on the ban on contributing to and 
soliciting from federal employees extended even to non-coercive 
activities since ``what begins as a request may end as a demand. . . 
.'' In Brehm v. United States, 196 F.2d 769 (D.C.Cir. 1952), cert. 
denied, 344 U.S. 838, a Member of Congress was found in violation of 
statute for receiving contributions from staff even where grand jury 
was presented testimony that staffer voluntarily initiated offer of 
contributions. 196 F.2d at 770-771. See also United States v. Wurzbach, 
280 U.S. 396 (1930), where ``coercion'' was not specifically alleged or 
proven in Member's receipt of contributions from federal employees, and 
where court found the law ``clearly embraces the acts charged.''
    \62\ See as an analogy ``Hatch Act'' cases on coerced political 
contributions from federal and state employees, for example, In the 
Matter of Hawkins (CSC No. S-7-42), and Wolfstein (CSC No. S-11-42), 2 
P.A.R. 23, 26 (1942); In the Matter of Mulhair (CSC No. F-1349-52), 1 
P.A.R. 607, 609 (1952). The threat of depriving any federal job or any 
federal benefit or appropriation to coerce political contributions is a 
specific violation of 18 U.S.C. Sec. 601.
---------------------------------------------------------------------------

                   B. Making Political Contributions

    Prior to the Federal Election Campaign Act Amendments of 
1979, effective January 8, 1980, congressional employees and 
other employees of the federal government were prohibited from 
making political contributions to any other federal officer, 
employee, or Member of Congress, regardless of whether such 
individual was the contributor's employer or employing 
authority.\63\ Although in practice there was no strict 
enforcement of the statute,\64\ such a restriction on employees 
had been on the statute books in some form since 1883. See 
section 14 of the Pendleton Act, 22 Stat. 403.\65\
---------------------------------------------------------------------------
    \63\ See 18 U.S.C. Sec. 607, (1976); note letter from Attorney 
General to House Judiciary Committee, October 14, 1952, discussed in 
``Congressional Quarterly Weekly Report'', Oct. 19, 1952, at 1021; S. 
Rept. 500, 95th Cong. 1st Sess. pp. 5-6; Federal Election Commission, 
Commissioner's Memorandum No. 1434, August 25, 1977, at 2; H. Doc. 96-
134, 96th Cong. 1st Sess. pp. 116-118.
    \64\ See letter from Assistant Attorney General, Criminal Division, 
Fraud Section, Department of Justice, August 12, 1974. Available from 
Congressional Research Service files.
    \65\ Similar restrictions on some federal employees have been 
upheld against constitutional challenges alleging interference with 
employees' political rights (Ex Parte Curtis, supra, and United States 
v. Wurzbach, supra), as have those restrictions on general campaign 
activities by executive branch employees who come within the ``Hatch 
Act'' (United Public Workers v. Mitchell, 330 U.S. 75 (1946); United 
States Civil Service Commission v. National Association of Letter 
Carriers, AFL-CIO, 413 U.S. 458 (1973)).
---------------------------------------------------------------------------
    Under the current statutory provision now codified at 18 
U.S.C. Sec. 603, however, congressional employees are only 
prohibited from making political contributions to their 
``boss,'' that is, their employer or employing authority. As 
explained in the House Report on the Federal Election Campaign 
Act Amendments of 1979, Pub.L. 96-187, political contributions 
would be barred from a Member's staff to that Member, and from 
committee staff to the chairman of that committee. Persons 
employed by the minority of a committee are also barred from 
contributing to the ranking minority member of the committee, 
as well as to the chairman.
    Section 603 has been amended to allow voluntary 
contributions from federal employees to other federal 
employees. If, however, the individual is employed by a 
Senator, Representative, or Delegate or Resident Commissioner 
to Congress that employee cannot contribute to his or her 
employer although voluntary contributions to other Members of 
Congress would be allowed. An individual employed by a 
congressional committee cannot contribute to the chairman of 
that particular committee. If the individual is employed by the 
minority that individual cannot contribute to the ranking 
minority member of the committee or the chairman of the 
committee.\66\
---------------------------------------------------------------------------
    \66\ H. Rept. 96-422, 96th Cong., 1st Sess. p. 26.
---------------------------------------------------------------------------
    In addition to permissible contributions by congressional 
staff to a candidate, including a Member of Congress, who is 
not the employer or employing authority of the staffer, 
congressional employees may contribute to a committee or an 
organization which is not an ``authorized committee'' of the 
staffer's employer or employing authority. An ``authorized 
committee'' of a candidate is one which is designated in 
writing by the candidate to accept contributions and make 
expenditure on his behalf (see 18 U.S.C. Sec. 603(b), 2 U.S.C. 
Sec. 432(e)(1)), and includes the candidate's principal 
campaign committee. Generally, under federal campaign law, a 
multicandidate committee, that is, one which supports more than 
one federal candidate, may not be designated as an ``authorized 
committee'' of a candidate (2 U.S.C. Sec. 432(e)(3)). 
Therefore, congressional staffers may generally make political 
contributions to multi-candidate political committees, such as 
the Democratic or Republican Congressional Campaign Committees 
or the Republican or Democratic National Committee, even though 
some of the proceeds received by such committees may eventually 
be expended for the benefit of the contributor's employer. In 
making such contributions to multi-candidate committees, 
however, the staffer should not specifically ``earmark'' the 
contribution for use only in the campaign of his employer, 
since such ``earmarking'' of a contribution may be considered 
as a contribution from the staffer/contributor to that Member/
candidate (see Regulations of Federal Election Commission, 11 
C.F.R. Sec. 110.6), and thus a potential violation of the 
criminal prohibition on contributions to one's employer or 
employing authority.
    For purposes of the current restrictions on contributions 
by congressional staffers, the term ``contribution'' is defined 
as in 2 U.S.C. Sec. 431(8) (Sec. 301(8) of the F.E.C.A., as 
amended). Specifically excluded from the term ``contribution'' 
is the value of voluntary services by an individual provided a 
candidate or committee.\67\ Congressional staffers may, 
therefore, voluntarily provide services, their own free time, 
and their assistance to a Member's campaign, even their 
employer's campaign, without violating the prohibition on 
making campaign ``contributions'' to one's employer.
---------------------------------------------------------------------------
    \67\ See Sec. 301(8)(i) of the F.E.C.A., as amended.
---------------------------------------------------------------------------
    The definition of the term ``contribution'' under federal 
campaign law also demonstrates that the prohibition goes only 
to the contribution of things of value in connection with a 
federal election campaign (2 U.S.C. Sec. 431, Sec. 301(8)(A)(i) 
of the FECA as amended). A staffer might, therefore, make a 
political contribution to an officer or employee of the federal 
government for a candidate to state or local office.

                2. FUNDRAISING DINNERS AND TESTIMONIALS

    Fundraising dinners and testimonials are common methods for 
candidates to raise money for an upcoming political campaign, 
or to pay off previous campaign debts. The money paid for a 
ticket to such an event is generally considered under federal 
law as a campaign contribution from the purchaser of the ticket 
to the candidate on whose behalf the event is being held.\68\
---------------------------------------------------------------------------
    \68\ See 2 U.S.C. Sec. 434, as amended, note explanation in H. 
Rept. 96-422, 96th Cong., 1st Sess. p. 16, to accompany FECA Amendments 
of 1979; see Internal Revenue Service, Revenue Ruling 72-412 (TIR 
1191), 1972-2 CB-5; see also House Rule XLIII, paragraph 7.
---------------------------------------------------------------------------
    Since the purchase of a ticket to a fundraiser or 
testimonial would generally be considered a political 
contribution to the candidate involved, a congressional 
employee should not under the provisions of 18 U.S.C. Sec. 603, 
as amended, purchase such a ticket or contribute money to a 
fundraiser or testimonial given for the Member who is the 
staffer's employer or employing authority.
    Although a congressional employee should not attend such a 
fundraiser or testimonial as a paying guest, the employee could 
apparently attend as a nonpaying guest without violating 
provisions against making political contributions to one's 
employer. Furthermore, a congressional employee may also 
volunteer his or her own free time to work on the fundraiser or 
testimonial for the Member's campaign since voluntary services 
are not considered ``contributions'' under federal campaign 
law.\69\ Senate employees, however, are prohibited from being 
involved in the solicitation, receipt, disbursement, or in 
being the custodian of any campaign funds for use in a federal 
election unless such employee is one of two persons 
specifically designated by a Senator to handle campaign funds. 
Unless so designated, a Senate employee should not be involved 
in that part of a fundraiser, but may be involved in the 
planning, arrangement making, etc., of the event.\70\
---------------------------------------------------------------------------
    \69\ Sec. 301(8)(B)(i) of the FECA, as amended.
    \70\ Senate Select Committee on Ethics, Interpretative Rulings Nos. 
3, 5, 22, and 88.
---------------------------------------------------------------------------
    Finally, although a congressional employee could not 
contribute to a fundraiser or testimonial on behalf of his or 
her boss, or purchase a ticket to it, the employee might 
arguably be permitted to ``host'' such a fundraiser or dinner 
at his or her residence without violating the federal campaign 
laws. The definition of the term ``contribution'' within the 
campaign laws exempts certain costs in connection with a 
fundraising event on behalf of a candidate held on an 
individual's residential premises, up to an amount of $1,000 
per any election. Expenses included in the $1,000 exemption are 
the cost of invitations, food, and beverages.\71\
---------------------------------------------------------------------------
    \71\ See 2 U.S.C. Sec. 431(8)(B)(ii), amended by the FECA 
Amendments of 1979, Sec. 301(8)(B)(ii) of the FECA.
---------------------------------------------------------------------------

             3. CAMPAIGN FUND ACTIVITY BY SENATE EMPLOYEES

    As discussed briefly above, Senate Rules restrict campaign 
fund activity by Senate officers and employees. Senate Rule XLI 
prohibits most Senate officers and employees from ``handling'' 
any campaign funds for a federal election. An employee or 
officer of the Senate may therefore not receive, solicit, be 
the custodian of, or distribute campaign funds of any federal 
candidate, except that three assistants may be designated by 
the Senator to perform such activities on behalf of that 
Senator, or for a committee or organization established and 
controlled by a Senator or a group of Senators. The Select 
Committee on Ethics has found under the Rule that Senate 
employees may not ``solicit others to solicit funds or 
otherwise become involved to any substantial degree in 
political fund activity.'' \72\
---------------------------------------------------------------------------
    \72\ Interpretative Ruling Nos. 326, July 1, 1980; and 25, June 2, 
1977.
---------------------------------------------------------------------------
    The relevant portion of Rule XLI states as follows:

                                RULE XLI

                  Political Fund Activity; Definitions

          1. No officer or employee of the Senate may receive, 
        solicit, be a custodian of, or distribute any funds in 
        connection with any campaign for the nomination for 
        election, or the election, of any individual to be a 
        Member of the Senate or to any other Federal office. 
        This prohibition does not apply to three assistants to 
        a Senator, at least one of whom is in Washington, 
        District of Columbia, who have been designated by that 
        Senator to perform any of the functions described in 
        the first sentence of this paragraph and who are 
        compensated at an annual rate in excess of $10,000 if 
        such designation has been made in writing and filed 
        with the Secretary of the Senate and if each such 
        assistant files a financial statement in the form 
        provided under rule XXXIV for each year during which he 
        is designated under this rule. The Secretary of the 
        Senate shall make the designation available for public 
        inspection.
    The Senate Rule on campaign fund activities by Senate 
employees had originally been interpreted to permit the 
designated employees of the Senator to handle campaign funds 
for a federal campaign only on behalf of the Senator 
designating them.\73\ However, the rule is now interpreted to 
permit the three designated employees of the Senator to handle 
campaign funds on behalf of a committee for any individual for 
elective federal office, as long as the committee is controlled 
by a Senator or a group or Senators, and the employing Senator 
gives his permission.\74\ The three designated employees, with 
the permission of their employing Senator, could therefore be 
involved in the solicitation, receipt, distribution, or in 
being the custodian of campaign funds on behalf of a Senator's 
principal campaign committee, or for multi-candidate political 
committees or political action committees which are involved in 
the federal campaigns of persons other than their employing 
Senator, as long as the committees are established and 
controlled by a Senator or group of Senators. Employees may not 
handle funds for committees set up by trade associations, 
interest groups, corporations or labor organizations.
---------------------------------------------------------------------------
    \73\ Senate Select Committee on Ethics, Interpretative Ruling Nos. 
32, 45, 222, and 223.
    \74\ Interpretative Ruling No. 387, September 17, 1987.
---------------------------------------------------------------------------
    A Senate employee, even a political fund designee, could 
not hold a position of chief executive officer of a state 
political party committee, since the duties of the position 
would entail in the normal course of business ``the acceptance, 
solicitation, retention or expenditures of funds in connection 
with federal elections'' and for federal candidates other than 
the employee's supervising Senator (Interpretative Ruling No. 
291, November 26, 1979), and such committee is not established 
and controlled by a Senator. However, the Senate Select Ethics 
Committee found that a campaign fund designee could hold a 
position as a national party chairperson for one's state when 
the duties concerning political funds were not of a similar 
nature to those described above.\75\
---------------------------------------------------------------------------
    \75\ Interpretative Ruling No. 326, July 1, 1980.
---------------------------------------------------------------------------
    The restriction on employees of the Senate in Rule 41 does 
not extend to fundraising activity or campaign finance activity 
in relation to strictly state or local political contests.\76\ 
The Senate Select Committee on Ethics has made it clear, 
however, that ``the State and local political fund activity 
must be clearly separate and distinct from any activities in 
connection with a Federal election in order to be permitted 
under the Rule.'' \77\
---------------------------------------------------------------------------
    \76\ Interpretative Ruling No. 204, December 5, 1978; and No. 182, 
September 29, 1978.
    \77\ Interpretative Ruling No. 291, November 26, 1979; see also 
Interpretative Ruling No. 326, July 1, 1980.
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               4. CAMPAIGN ACTIVITY IN A FEDERAL BUILDING

    When congressional employees become involved in campaign 
financing activities, an important consideration is a provision 
now codified at 18 U.S.C. Sec. 607, which restricts the 
solicitation or receipt of political contributions in federal 
buildings or other federal facilities. The amended and 
renumbered version of the prohibition states as follows:
    Section 607. Place of Solicitation
          (a) It shall be unlawful for any person to solicit or 
        receive any contribution within the meaning of section 
        301(8) of the Federal Election Campaign Act of 1971 in 
        any room or building occupied in the discharge of 
        official duties by any person mentioned in section 603, 
        or in any navy yard, fort, or arsenal. Any person who 
        violates this section shall be fined not more than 
        $5,000 or imprisoned not more than three years, or 
        both.
    Although prohibiting the receipt or solicitation of 
campaign contributions in a federal building, the amended 
statute recognizes that it is often unavoidable that 
unsolicited campaign contributions will be received through the 
mail or a contribution by a supporter will be tendered in 
person, within a congressional office. When this situation 
occurs the statute specifically provides that a staff employee 
of a Member of Congress may accept the contribution as a 
transmittal for subsequent forwarding, within seven days of 
receipt, to an appropriate campaign organization outside of the 
congressional office. This provision of 18 U.S.C. Sec. 607 
states as follows:
    Section 607.
          (b) The prohibition in subsection (a) shall not apply 
        to the receipt of contributions by persons on the staff 
        of a Senator or Representative in, or Delegate or 
        Resident Commissioner to, the Congress, provided that 
        such contributions have not been solicited in any 
        manner which directs the contributor to mail or deliver 
        a contribution to any room, building, or other facility 
        referred to in subsection (a), and provided that such 
        contributions are transferred within seven days of 
        receipt to a political committee within the meaning of 
        section 302(e) of the Federal Election Campaign Act of 
        1971.
    The prohibition of this statute and the exception to it 
were discussed on the floor of the Senate prior to the adoption 
of this provision as part of the Federal Election Campaign Act 
Amendments of 1979:
          Solicitation or receipt of contributions in any room 
        or building occupied by a Federal employee in the 
        course of official duties is prohibited. The sole 
        exception is for contributions received by an 
        individual on the staff of a Member of Congress, 
        provided the contributions are transferred to the 
        Member's political committee within 7 days. This 
        exception is intended to cover situations in which a 
        contributor, although not requested to, mails or 
        delivers a contribution to a Federal office. The 
        exception does not authorize solicitations from a 
        Federal office, nor does it permit receipt of 
        contributions in a Federal office where such 
        contributions have been solicited in any manner which 
        directs the contributor to return contributions to a 
        Federal office.\78\
---------------------------------------------------------------------------
    \78\ 125 Cong. Rec. S19099-19100 (daily ed. Dec. 18, 1979) remarks 
of Sen. Hatfield.
---------------------------------------------------------------------------
    As for the act of soliciting contributions from a 
congressional office, it should be noted that while this 
criminal prohibition has thus far not specifically been 
construed by the courts to prohibit the solicitation of 
campaign contributions from a federal building by letter or 
telephone to persons who are not located in a federal building, 
such activities would be barred by other provisions of law and 
regulation relating to appropriations and official allowances. 
The criminal prohibition at section 607 was originally intended 
and was historically construed to prohibit anyone from 
soliciting contributions from federal clerks or employees while 
such persons were in a federal building.\79\ In the rare 
judicial interpretations of this provision, the focus of the 
prohibition has been directed to the location of the individual 
from whom a contribution was requested, rather than the 
location from which the solicitation had originated. In 1908 
the Supreme Court had occasion to interpret the statute which 
was the predecessor of the current Sec. 607. The Court in 
United States v. Thayer, stated that the act of 
``solicitation'' is completed, and therefore, arises, at the 
location where the request for a contribution is received by 
the person to whom the request is made. The Court stated: ``. . 
. the solicitation was in the place where the letter was 
received.'' \80\ The Department of Justice has noted that the 
statute was intended to fill a gap in protecting federal 
employees from assessment by prohibiting all persons from 
soliciting such employees while they are in a federal 
building.\81\
---------------------------------------------------------------------------
    \79\ See Pendleton Act, 22 Stat. 403, 407, 14 Cong. Rec. 640, 865; 
note specifically 62 Stat. 722, 18 U.S.C. Sec. 603 (1948); see H. Rept. 
305, 89th Cong. 1st Sess. p. A51.
    \80\  209 U.S. 39, 44 (1908).
    \81\ Federal Prosecution of Election Offenses, Sixth Ed., at 68 
(January 1995), Attorney General Reno explained that the Justice 
Department's ``long-standing'' policy was not to prosecute under 
Sec. 607 ``unless certain aggravating factors are present, such as 
coercion, knowing disregard of the law, a substantial number of 
violations, or a significant disruption of government functions.'' 
Washington Post, Dec. 3, 1997, at A32. Although questions might be 
raised as to the criminal provision's enforcement of solicitations from 
a congressional office directed to persons not in a federal building, 
the House Standards Committee has stated that regardless of the target 
of the solicitation or its coercive nature, ``no activities of a 
political solicitation nature should occur with the support of any 
federal resources (staff or space) in order to avoid any question that 
a violation of 18 U.S.C. Sec. 607 has occurred.'' ``Dear Colleague'' 
letter from Committee on Standards, November 21, 1985, at 2.
---------------------------------------------------------------------------
    The use of federal office space, including congressional 
office space, official government equipment and supplies paid 
for from federal tax dollars for purposes of soliciting 
campaign contributions or for other clearly political campaign 
activities could involve violations of other federal laws, 
congressional regulations and standards. Provisions of the 
United States Code, congressional regulations governing 
allowances, and appropriations provisions specify that amounts 
provided a Member of Congress from appropriated funds for such 
items as telephone, mail, office space, stationery, etc., are 
for the use of such items only for ``official'' or ``strictly 
official'' purposes.\82\ These provisions would thus apparently 
work to bar the use or conversion of such supplies, equipment, 
or facilities for ``campaign'' purposes, rather than for 
``official'' congressional business. As discussed earlier in 
this report with respect to the official allowances for 
congressional staff, the use of official allowances or 
supplies, services, or goods secured by such allowances, for 
other than the official purposes for which the appropriations 
were made, or for other purposes than those which the Member 
had certified or documented in vouchers, might potentially 
subject someone to legal liabilities concerning false claims, 
fraud or possibly even conversion or theft. The ethics 
committees in both the House and the Senate have thus found 
that general campaign or campaign fund activities should be 
conducted outside of the official office space provided Members 
of Congress, and should generally be conducted with equipment, 
supplies or other facilities which are secured by private funds 
or contributions and not official congressional allowances or 
appropriations.\83\
---------------------------------------------------------------------------
    \82\ See for example 2 U.S.C. Sec. Sec. 42a, 43c, 46g, 46g-1, 56-
59, 122a, among others, as well as regulations issued by the Committee 
on House Oversight and the Senate Committee on Rules and Administration 
governing use of official allowances.
    \83\ See, for example, disciplinary report from House Committee on 
Standards of Official Conduct, H. Rept. 101-293, 101st Cong., 1st Sess. 
(1989), In the Matter of Representative Jim Bates, at p. 8, 10-11. The 
Committee concluded: ``Moreover, use of House resources (including 
employees on official time) to solicit political contributions is 
improper.'' Id. at p. 12.
       C. Quick Reference List of Specific Campaign Prohibitions

                               1. GENERAL

An employee may not:
    (1) Deprive, attempt to deprive, or threaten to deprive 
anyone of employment or any other benefit, provided for or made 
possible by an Act of Congress appropriating relief funds 
because of that person's political affiliation. 18 U.S.C. 
Sec. 246.
    (2) Make or offer to make an expenditure to any person 
either to vote or withhold one's vote or to vote for or against 
any candidate in a federal election. 18 U.S.C. Sec. 597.
    (3) Solicit, accept, or receive an expenditure in 
consideration of his vote or the withholding of his vote in a 
federal election. 18 U.S.C. Sec. 597.
    (4) Use any appropriation by Congress for work relief, 
relief, or for increasing employment, or exercise any authority 
conferred by an appropriations act for the purpose of 
interfering with, restraining, or coercing any individual in 
the exercise of his right to vote. 18 U.S.C. Sec. 598.
    (5) If a candidate, directly or indirectly promise or 
pledge the appointment of any person to any public or private 
position or employment, for the purpose of procuring support of 
one's candidacy. 18 U.S.C. Sec. 599.
    (6) Promise employment or any other benefit provided for or 
made possible by an act of Congress as reward for political 
activity or support. 18 U.S.C. Sec. 600.
    (7) Furnish, disclose, or receive for political purposes 
the names of persons receiving relief payments under any act of 
Congress. 18 U.S.C. Sec. 605.
    (8) Make any expenditure for any general public political 
advertising which anonymously advocates the election or defeat 
of a clearly identified candidate. 2 U.S.C. Sec. 441d.
    (9) Fraudulently misrepresent oneself as speaking or acting 
on behalf of a candidate. 2 U.S.C. Sec. 441h.

           2. SOLICITING OR RECEIVING CAMPAIGN CONTRIBUTIONS

An employee may not:
    (1) Promise to use support or influence to obtain federal 
employment for anyone in return for a political contribution. 
18 U.S.C. Sec. 211.
    (2) Cause or attempt to cause anyone to make a political 
contribution by means of denying or threatening to deny any 
governmental employment or benefit provided for or made 
possible, in whole or in part, by any act of Congress. 18 
U.S.C. Sec. 601.
    (3) Solicit political contributions from any other federal 
employee or any ``person receiving any salary or compensation 
or services from money derived from the Treasury of the United 
States.'' 18 U.S.C. Sec. 602.
    (4) Solicit or receive political contributions from persons 
known to be entitled to or to be receiving relief payments 
under any act of Congress. 18 U.S.C. Sec. 604.
    (5) Intimidate any federal officer or employee to secure 
political contributions. 18 U.S.C. Sec. 606.
    (6) Solicit or receive political contributions in a federal 
building, other than unsolicited contributions transferred to a 
political committee within seven days. 18 U.S.C. Sec. 607.
    (7) Knowingly accept a contribution in excess of 
limitations under federal law of $1,000 to a candidate from any 
person, and $5,000 to a candidate from multi-candidate 
committees. 2 U.S.C. Sec. 441a(a).
    (8) Accept or receive any political contributions from the 
organizational or treasury funds of a national bank, 
corporation, or labor organization. 2 U.S.C. Sec. 441(b) 
(contributions from separate segregated funds of these 
organizations may be received).
    (9) Knowingly solicit contributions from federal government 
contractors. 2 U.S.C. Sec. 441(c).
    (10) Solicit, accept, or receive a contribution from a 
foreign national. 2 U.S.C. Sec. 441e.
    (11) Knowingly accept a contribution made by one person in 
the name of another person. 2 U.S.C. Sec. 441f.
    (12) If an employee of the Senate, receive, solicit, be 
custodian of, or distribute any campaign funds for federal 
elections unless the employee is one of three assistants whom 
the Senator has designated to perform such functions, the 
employee is compensated at a rate in excess of $10,000 per 
annum, the Senator's designation has been made in writing and 
filed with the Secretary of the Senate, and the employee files 
an annual financial disclosure statement. Rule XLI, Standing 
Rules of the Senate.

                   3. MAKING POLITICAL CONTRIBUTIONS

An employee may not:
    (1) Make a political contribution to any Member of Congress 
or federal official who is the employer or employing authority 
of the congressional staffer. 18 U.S.C. Sec. 603.
    (2) Make a cash contribution in excess of $100. 2 U.S.C. 
Sec. 441g.
    (3) Make contributions in excess of $1,000 per election to 
any candidate, $5,000 per calendar year to a political 
committee, and $20,000 to a national party committee per year, 
or make contributions aggregating over $25,000 per calendar 
year. 2 U.S.C. Sec. 441a(a).
    (4) Make a contribution in the name of another. 2 U.S.C. 
Sec. 441f.
    (5) Make contributions or expenditures in excess of $100 
other than by contribution to a committee or candidate, without 
filing a report with the Federal Election Commission. 2 U.S.C. 
Sec. 434(e).
=======================================================================


                                 PART V

         SUMMARY OF THE EFFECT OF NEW ETHICS LAWS ON THE SENATE

=======================================================================

      
        SUMMARY OF THE EFFECT OF NEW ETHICS LAWS ON THE SENATE*

    Ethics provisions in legislation enacted in 1989, the 
Ethics Reform Act of 1989 (Pub.L. 101-194, as amended by Pub.L. 
101-280), in 1991, the Legislative Branch Appropriations Act, 
1992, (Pub.L. 102-90), and in 1995 (S. Res. 158, 104th 
Congress) affect and change the ethics rules and laws for 
Members, officers and employees of the Senate. This report will 
provide a brief summary of changes in several areas of ethics 
and conflict of interest regulation in the Senate affected by 
recent legislation.
---------------------------------------------------------------------------
    * By Jack H. Maskell, Legislative Attorney, Congressional Research 
Service, Library of Congress.
---------------------------------------------------------------------------

                                A. Gifts

    Dollar Limits. The new gifts rule for the Senate, beginning 
in 1996, places a limitation of $50 on any gift, including a 
meal, received by a Senator, officer and employee from any 
source other than a relative. (Rule 35, para. 1(a)). 
Additionally, gifts aggregating over $100 a year from any one 
source may not be accepted. Any gift of $10 or more will be 
counted toward the yearly aggregate, but no specific accounting 
or formal record keeping for all such gifts of $10 or more is 
expressly required by the rules.
    Gifts From Lobbyists and Foreign Agents. New limitations 
have been added to expressly prohibit certain other gifts and 
reimbursements from registered lobbyists or from registered 
agents of foreign principals. Senators, officers and employees 
may not accept from lobbyists or from foreign agents 
contributions to a legal defense fund (Rule 35, para. 3(c)); 
may not accept unrestricted gifts of ``personal hospitality'' 
from lobbyists or from foreign agents (Rule 35, para. 
1(c)(17)); may not accept reimbursement or gifts of 
transportation or lodging expenses for fact finding, 
conferences, or other such events, including charitable events, 
from lobbyists or foreign agents (Rule 35, para. 2(a)(1)); may 
not have lobbyists or foreign agents make contributions to an 
organization which is controlled or maintained by a Senator, 
officer or employee (Rule 35, para. 3(a)); may not have a 
lobbyist or foreign agent contribute to a charity at the 
suggestion or recommendation of the Member, officer or employee 
(Rule 35, para. 3(b)); and may not accept donations to assist 
in the cost of official conferences or retreats (Rule 35, para. 
3(d)).
    Travel Expenses for Officially Connected Fact Finding 
Events. Members, officers and employees may continue to accept 
reimbursement of certain ``necessary'' travel and 
transportation expenses, including meals and lodging, other 
than from a lobbyist or foreign agent, when a ``fact finding'' 
event, conference, or other such event is in connection with 
the duties of the Member, officer or employee; when the 
employee receives written authorization; when the expenses are 
fully disclosed by Members, officers and employees within 30 
days of the travel; and when the activities connected with the 
event are not ``substantially recreational in nature.'' (Rule 
35, para. 2). The travel expenses for such events are 
authorized only for up to 3 days for travel within the United 
States and 7 days for foreign travel, do not include 
recreational activities or collateral entertainment (not an 
integral part of the event), but may include the expenses for a 
Member's, officer's or employee's spouse or child if attendance 
is ``appropriate to assist in the representation of the 
Senate.''
    Attendance at Widely Attended Gatherings. Members, officers 
and employees may accept an offer of free attendance at widely 
attended gatherings, dinners, panel discussions, viewings and 
other such events, provided by the sponsor of such event, when 
the Senator, officer or employee participates in the event or 
when the attendance is appropriate to the official functions of 
the Member's, officer's or employee's duties. (Rule 35, para. 
1(c)(18) and para. 1(d)(1)). The offer of free attendance 
includes food, refreshments, entrance or other such fees, local 
transportation, entertainment as part of the event (but not 
collateral entertainment) (Rule 35 para. 1(d)(4)), and such 
expenses for an accompanying individual when it is appropriate. 
(Rule 35, para. 1(d)(2)).
    Charitable Events. Senators, officers and employees may 
participate in charitable events and charitable fundraisers, 
and may accept free attendance to local charitable events 
offered by the sponsors, similar to any other local ``widely 
attended gathering'' as discussed above. (Rule 35, para. 
1(d)(3),(4)). Additionally, when a charitable event is not 
substantially recreational in nature (that is, when the event 
is not, for example, a celebrity golf, tennis, or ski event or 
the like), and when the Senator, officer or employee meets the 
requirements for ``necessary'' expenses for travel placed on 
``fact finding'' or other officially connected events, such 
necessary transportation expenses may be accepted for 
charitable fundraising events. (Rule 35, para. 1(d)(3), see 
Rule 35, para. 2).
    Exceptions.  The new Senate Rule on gifts makes several 
other narrow exceptions to the limitations and prohibitions on 
the receipt of gifts. Although not all inclusive, such 
exceptions include gifts from personal friends (limited to $250 
unless a waiver is received from the Ethics Committee), the 
``personal hospitality'' of an individual (other than a 
lobbyist or foreign agent), political contributions, political 
events from a political organization, honorary awards, prizes 
from contests open to the public, informational material, home 
State products, things paid for by State or local governments, 
regular discounts, plaques or mementos, nominal food or 
refreshments not part of a meal, and items of little intrinsic 
value such as pens, t-shirts and baseball caps. (See Rule 35, 
para. 1(c)(1)-(23)).
    Other Limits on Things of Value. The existing federal law 
prohibiting federal employees from giving gifts to supervisors 
or superiors in the federal service, and prohibiting such 
superiors in the federal service from accepting gifts from 
those in the federal service receiving less pay than themselves 
(5 U.S.C. Sec. 7351), has been amended. This provision will now 
expressly allow the supervising ethics office (the Senate 
Select Committee on Ethics in the case of Senate employees) to 
provide exceptions for special occasions such as marriage or 
retirement.\1\ Additionally, gifts between Members of Congress, 
or between or from officers or employees of the House or Senate 
are exempted from the Senate Rule limiting gifts. (Rule 35, 
para. 1(c)(6)).
---------------------------------------------------------------------------
    \1\ Pub.L. 101-194, Section 301, as amended by Pub.L. 101-280.
---------------------------------------------------------------------------
    A statutory prohibition on gifts to federal employees was 
added in 1989 which codified in law the regulations which have 
been applicable to executive branch employees since 1965. This 
law, codified at 5 U.S.C. Sec. 7353, prohibits any federal 
officer or employee, including Members of Congress and 
congressional staff, from receiving any gift of any amount from 
someone who is seeking action from, doing business with, or is 
regulated by one's agency, or whose interests may be 
substantially affected by the performance or nonperformance of 
one's official duties. The Senate Select Committee on Ethics 
and the Senate as a whole may make exceptions to this 
restriction, and may issue regulations setting out 
circumstances under which gifts may be accepted. The Senate 
Rule on gifts, discussed above, appears to have been intended 
to contain those exceptions and circumstances concerning the 
receipt of permissible gifts in the Senate.
    In addition to the Senate Rules and the provisions of law 
regarding ``gifts,'' Senate officers, employees and Members 
continue to be subject to the restrictions of other statutes 
concerning the receipt of things of value, such as the bribery 
law at 18 U.S.C. Sec. 201(b) prohibiting the receipt of 
anything of value in return for being influenced in the 
performance of an official duty; the illegal gratuities clause, 
18 U.S.C. Sec. 201(c), prohibiting the receipt of anything of 
value ``for or because of'' an official act; and the Foreign 
Gifts and Decorations Act, 5 U.S.C. Sec. 7342, note Article I, 
Sec. 9, cl. 8, of the Constitution, restricting gifts from 
foreign governments.

                 B. Outside Earned Income and Honoraria

    Honoraria.The Senate placed itself within the statutory ban 
on ``honoraria'' in 1991.\2\ Although the statue banning 
honoraria has been found unconstitutional by the Supreme Court 
as to the rank-and-file federal employees who challenged the 
law,\3\ and although the Justice Department has stated that it 
will not enforce the law as to any federal officials,\4\ the 
Senate has incorporated the ban as part of the Senate Rules,\5\ 
and thus the prohibition on receiving payments for any speech, 
article or appearance is still applicable to Members and 
employees of the Senate.
---------------------------------------------------------------------------
    \2\ See Pub.L. 102-90, Section 6(b), amending Pub.L. 101-194, 
Section 601(a), adding Section 501(b) to the Ethics in Government Act 
of 1978; note 5 U.S.C. App. Sec. 501(b).
    \3\ United States v. NTEU, 115 S.Ct. 1003 (1995).
    \4\ U.S. Department of Justice, Office of Legal Counsel, ``Legality 
of Government Honoraria Ban Following U.S. v. National Treasury 
Employees Union,'' February 26, 1996.
    \5\ Senate Rule XXXVI.
---------------------------------------------------------------------------
    The restriction on honoraria applies to all Senators, 
officers, and staff in the Senate regardless of the level of 
compensation or duties of the staff employee; and applies to 
private compensation for any article, speech or appearance 
without regard to its subject, and without regard to potential 
or actual conflicts of interest with one's official duties. The 
ban on honoraria may also apply to what were formerly called 
``stipends,'' that is, payments for a series of appearances, 
articles, or speeches, when the subject matter of these events 
are directly related to the individual's official duties, or 
the payments made because of the individual's status with the 
government.\6\ Actual and necessary travel expenses incurred in 
connection with an event by the Member, officer or employee 
(and one relative), however, are not included in the definition 
of an ``honorarium'' and may continue to be accepted.
---------------------------------------------------------------------------
    \6\ 5 U.S.C. App. 7 Sec. 505(3), as amended by Pub.L. 102-90, 
Section 314(b), 105 Stat. 469.
---------------------------------------------------------------------------
    In lieu of payment of an honorarium, a contribution may be 
made to a charitable organization, as long as such contribution 
does not exceed $2,000 and as long as the Senator, officer or 
employee, or anyone in such person's immediate family, does not 
receive any financial benefit from that organization.\7\ There 
will be no tax benefits or burdens to the Member, officer or 
employee in such payment of honoraria to charity.\8\
---------------------------------------------------------------------------
    \7\ 5 U.S.C. App. 7 Sec. 501(c), Pub.L. 101-194, Section 601(a).
    \8\ 26 U.S.C. Sec. 7701(k), as added by Pub.L. 101-194, Section 
602.
---------------------------------------------------------------------------
    Earned Income and Outside Employment. Beginning also on 
August 14, 1991, all Members of the Senate, and those Senate 
officers and employees who are compensated at a rate of pay 
equal to or more than 120 percent of the pay of a GS-15, are 
subject to a ``cap'' on the amount of outside earned income 
which they may receive in a calendar year. The overall, outside 
earned income limit is equal to 15 percent of the official 
salary of a level II in the Executive Schedule.\9\
---------------------------------------------------------------------------
    \9\ 5 U.S.C. App. 7 Sec. 501(a)), Section 601(a) of Pub.L. 101-194, 
adding Section 501(a) to the Ethics in Government Act; note Section 
6(b) of Pub.L. 102-90.
---------------------------------------------------------------------------
    In addition to the 15 percent cap on all outside earned 
income, all Senators, and those officers and employees 
compensated at a rate equal to or more than 120 percent of a 
GS-15, are subject to other specific restrictions on outside 
employment and professional activity beginning on August 14, 
1991. Such persons may not:
          (1) affiliate with a firm to provide compensated 
        professional services involving a fiduciary 
        relationship;
          (2) allow any such firm to use one's name;
          (3) practice a profession which involves a fiduciary 
        relationship for compensation;
          (4) serve for compensation as an officer or board 
        member of any association or corporation; or
          (5) receive compensation for teaching without prior 
        approval of the Select Committee on Ethics.\10\
---------------------------------------------------------------------------
    \10\ 5 U.S.C. App. 7 Sec. 502, Pub.L. 101-194, Section 601(a), 
adding Section 502 to the Ethics in Government Act of 1978; Pub.L. 102-
90, Section 6(b).
---------------------------------------------------------------------------
    All staff employees and Members of the Senate are subject 
to the conflict of interest regulations and prohibitions 
established by Senate Rule XXXVII, including prohibitions on 
the receipt of compensation through influence improperly 
exerted from one's position in the Senate (Senate Rule 
XXXVII(1); prohibitions on conflicting or incompatible outside 
employment (Senate Rule XXXVII(2)); and restrictions on staff 
engaging in outside employment which is not reported to their 
supervising employer (XXXVII(3)). Senate staff who earn at 
least $25,000 per year, but do not come within the new 
restrictions, are still subject to Senate Rules which restrict 
affiliation with a firm for providing professional services for 
compensation; prohibit the use by such firm of the name of the 
employee; prohibit the practice of a profession during regular 
Senate hours for compensation; and prohibit service on the 
board of directors of regulated corporations or business 
entities in most circumstances. Senate Rule XXXVII(5) and (6).
    Additionally, all employees of the federal government are 
prohibited from receiving compensation for any representational 
``services rendered'' before a federal agency (18 U.S.C. 
Sec. 203, note also Sec. 205); and are prohibited from 
receiving any compensation or ``emoluments'' from a foreign 
government without the consent of the Congress. Article I, 
Section 9, clause 8 of the Constitution. See also 18 U.S.C. 
Sec. 219, prohibition on acting as agent of a foreign 
principal.

            C. Financial Interests: Conflicts and Disclosure

    The existing and current conflict of interest regulations 
under the Senate Rules prohibit certain conduct by Members and 
staff, and may work to restrict certain financial interests of 
staff. Senate Rules prohibit a Member, officer or employee from 
working on legislation affecting only the personal financial 
interests of the Member, officer or employee, or of a limited 
class of persons or enterprises of which the Member, officer or 
employee, or his or her family, are among. Senate Rule 
XXXVII(4). Other Senate Rules require the divestiture of 
conflicting assets by committee staff earning in excess of 
$25,000 per year. Senate Rule XXXVII(7). Furthermore, as noted 
above, conflict of interest rules prohibit the receipt of 
compensation, or allowing compensation to accrue to one's 
beneficial interest, through influence improperly exerted from 
one's position in the Senate (Senate Rule XXXVII(1)).
    A conflict of interest provision added to the Senate Rules 
in 1989 prohibits any Senate employee, who is required to file 
a financial disclosure report under the Ethics in Government 
Act of 1978 (generally those compensated at a rate of 120 
percent of a GS-15 or more), from contacting a federal agency 
on any non-legislative matter which affects any person or 
entity in which that employee has a significant financial 
interest. This disqualification rule will not apply if the 
employee first advises his or her supervisor of the financial 
interest, and receives a written waiver filed with the Select 
Committee on Ethics that the employee's participation is 
necessary.\11\
---------------------------------------------------------------------------
    \11\ Senate Rule XXXVII(10), Pub.L. 101-194, Sec. 903.
---------------------------------------------------------------------------
    The financial disclosure provisions of the Ethics in 
Government Act were amended and consolidated in 1989 into one 
title for all three branches of the federal government. Those 
persons in the Senate who must file annual public financial 
disclosure statements are Senators, and officers and employees 
of the Senate who are compensated at a rate equal to or greater 
than 120 percent of a GS-15, or at least one designated 
principal assistant of a Senator if no employee of the Senator 
is compensated at that rate. A requirement for a final report 
when covered staff leave their employment has been added by the 
new law.
    The required contents of the disclosure statements include 
information substantially similar to the old provisions, and 
include the disclosure of outside earned income and unearned 
income; gifts of travel expenses; other gifts from any source 
other than a relative; reimbursements; interest in income 
producing assets and investments; liabilities; transactions in 
real property or stocks, bonds or other financial instruments; 
positions held in businesses and organizations, including 
whether any compensation exceeding $5,000 has been received 
from any one source during the preceding two years; any 
agreements or arrangements for future employment, leaves of 
absence, or continuing compensation from any source other than 
the federal government; and required reporting of certain 
financial information for one's spouse and dependent children. 
Some of the threshold amounts for disclosure have been raised, 
as well as certain threshold amounts under which gifts need not 
be aggregated for disclosure, and the categories of value for 
the disclosure of certain items such as assets, liabilities and 
transactions have been adjusted upwards, with greater 
specificity required for the upper limits.
    The contents of trusts must generally be disclosed unless 
one creates or has an approved ``qualified blind trust,'' and 
then only the income from such trust, and the ``total cash 
value of any interest'' of the reporting individual in the 
trust, need be disclosed. There are specific and detailed 
requirements for the establishment and maintenance of a 
qualified blind trusts under the statute.

          D. Post Employment, ``Revolving Door,'' Restrictions

    The 1989 ethics legislation added post-employment conflict 
of interest provisions, commonly known as ``revolving door'' 
laws, upon Senators and certain Senate staffers. Senate 
staffers employed by Members, committees or the leadership 
offices are covered if they are compensated at a rate equal to 
or above 75 percent of the rate of pay of a Member of the 
Senate.
    Senators and covered employees of the Senate are now 
subject, after January 1, 1991, to a one-year ``cooling off'' 
or ``no contact'' period. Members of the Senate are prohibited 
for a year after leaving Congress from lobbying or making other 
advocacy contacts with any Member, officer or employee of 
either House of Congress, or to any employee of a legislative 
office. 18 U.S.C. Sec. 207(e)(1). Former employees of a Senator 
may not make advocacy or representational contacts to that 
Senator, or any of the Senator's employees, for one year after 
they leave office. Committee staffers covered by these 
provisions will be barred from making such advocacy contacts 
and representations for a year after leaving office to any 
Member or employee of their former committee, or to any Member 
who was on the committee during the last year of the staffer's 
employment. Section 101, new 18 U.S.C. Sec. 207(e)(2),(3),(4).
    Senators and covered legislative branch employees are also 
prohibited for a year after leaving office from representing an 
official foreign entity before the United States, or aiding or 
advising such entity with intent to influence any decision of 
an agency or employee of the United States Government. 18 
U.S.C. Sec. 207(f). There is a further restriction on all 
officers and employees of the government, including Senators 
and employees in the legislative branch, who worked personally 
and substantially on a treaty or trade negotiation and who had 
access to information which is not subject to disclosure under 
the Freedom of Information Act, from using such information for 
one year after leaving the government for the purpose of 
aiding, assisting, advising, or representing anyone other than 
the United States regarding such treaty or trade negotiation. 
18 U.S.C. Sec. 207(b)(1).
    Finally, all employees of the Senate are still subject to 
the Senate Rule governing lobbying after they leave Senate 
employment. Senate Rule XXXVII, clause 9, applies to all former 
staffers who have become registered lobbyists, or are employed 
by a registered lobbyist to influence legislation. Such former 
staffers are prohibited for one year after leaving the Senate 
from lobbying the Senator for whom they used to work or the 
Senator's staff; or if they were committee staff, are 
prohibited for one year from lobbying the Members or the staff 
of that committee.

                E. Campaign Funds and Official Expenses

    Beginning in the second session of the 102nd Congress, 
Members of the Senate are no longer permitted to defray 
official expenses of the Senator's office from funds derived 
from a campaign committee. Provisions of law enacted as the 
Legislative Branch Appropriations Act of 1991, Pub.L. 101-520, 
provide at Section 311(d) that:
    ``No Senator or Member of the House of Representatives may 
maintain or use, directly or indirectly, an unofficial office 
account or defray official expenses from (1) funds received 
from a political committee or derived from a contribution or 
expenditure * * * or (3) any other funds that are not 
specifically appropriated for official expenses.'' See 104 
Stat. 2279-2280.

                   F. Campaign Funds and Personal Use

    The so-called ``grandfather clause'' in the Federal 
Election Campaign Act, which had exempted persons who were 
Members of Congress on January 1, 1980, from the prohibition on 
converting campaign contributions to personal use (2 U.S.C. 
Sec. 439a), was repealed by the 1989 ethics reform 
legislation.\12\ This exemption had only affected certain 
Members of the House of Representatives who were leaving 
Congress, since existing Rules of the Senate had already 
prohibited the conversion of campaign funds by current 
Senators, as well as prohibiting the conversion of such funds 
to personal use by former Senators. Senate Rule XXXVIII(2). 
House Rules prohibit such conversion only for all sitting 
Members, and thus certain ``grandfathered'' ex-Members of the 
House could have converted campaign funds to their personal use 
without prohibition. House Rule XLIII(6). All Members and 
former Members of both the House and the Senate are now, 
however, by statute prohibited from converting any campaign 
contributions to personal use after January 1993.\13\
---------------------------------------------------------------------------
    \12\ Pub.L. 101-194, Sec. 504.
    \13\ See also Federal Election Commission Rules, at 11 C.F.R. Part 
113.
---------------------------------------------------------------------------
=======================================================================


                                PART VI

    QUALIFICATIONS OF MEMBERS OF CONGRESS FOR ELIGIBILITY FOR OFFICE

=======================================================================

      
   QUALIFICATIONS OF MEMBERS OF CONGRESS FOR ELIGIBILITY FOR OFFICE *

                              ----------                              _


                     A. Introduction and Background

    Under Article I, section 1 of the Constitution, the 
Congress is organized into a bicameral legislative body 
consisting of a Senate and a House of Representatives.\1\ 
Article I, section 2 prescribes the qualifications for the 
Members of the House: (1) twenty-five years of age, (2) a 
citizen for seven years, and (3) inhabitancy in the state from 
which the Member is to be chosen.\2\ For Members of the Senate, 
Article I, section 3 prescribes the following qualifications: 
(1) thirty years of age, (2) a citizen for nine years, and (3) 
inhabitancy in the state from which the Member is to be 
chosen.\3\
---------------------------------------------------------------------------
    *By Thomas M. Durbin, and L. Paige Whitaker, Legislative Attorneys, 
American Law Division, Congressional Research Service, Library of 
Congress.
    \1\ U.S. Const., art. I, Sec. 1.
    \2\ U.S. Const., art I, Sec. 2 provides: ``No person shall be a 
Representative who shall not have attained to the Age of twenty-five 
Years, and has been seven Years a Citizen of the United States, and who 
shall not, when elected, be an Inhabitant of that State in which he 
shall be chosen.''
    \3\ U.S. Const., art I, Sec. 3 provides: ``No person shall be a 
Senator who shall not have attained to the Age of thirty Years, and 
been nine Years a citizen of the United States, and who shall not, when 
elected, be an Inhabitant of that State for which he shall be chosen.''
---------------------------------------------------------------------------
    Other qualifications for Members of Congress were 
considered by the delegates to the Constitutional Convention of 
1787 such as: (1) having a freehold or other property of a 
certain value, (2) requiring the payment of taxes, (3) and a 
certain period of residency.\4\ The Convention decided that the 
qualifications for both the House and Senate should be few and 
simple reflecting only age, citizenship, and inhabitancy.\5\
---------------------------------------------------------------------------
    \4\ 2 J. Story, Commentaries on the Constitution of the United 
States (Boston; 1833; reprinted DeCapo Press, New York: 1970) 
Sec. Sec. 613-614, p. 90.
    \5\ Id., Sec. 615, pp. 90-91.
---------------------------------------------------------------------------
    First, in regard to age, it was decided after much debate 
that Representatives must have attained twenty-five years and 
Senators thirty years. The delegates agreed that some 
qualifications of age for Members of Congress was proper. The 
age of twenty-one was dismissed since persons of this age are 
often inexperienced and need more time to ``. . . try their 
virtues, develop their talents, enlarge their resources, and 
give them a practical insight into the business of life 
adequate to their own immediate wants and duties.'' \6\ The age 
of Senators was set at thirty which was an additional five 
years more than the age qualification for Representative since 
it was thought that the nature of the duties of a Senator 
require more experience, knowledge, and maturity than that of a 
Representative.\7\
---------------------------------------------------------------------------
    \6\ Id., Sec. 616, pp. 91-92.
    \7\ Id., Sec. Sec. 726-727, pp. 204-205. Note that a similar 
qualification as to age was required of the Members of the Roman 
Senate, and persons were not considered of full age in Rome until the 
age of twenty-five. Id., p. 205.
---------------------------------------------------------------------------
    Second, as to citizenship, Representatives must have been 
citizens for seven years, while for Senators the requirement is 
nine years. The obvious reasons for the citizenship requirement 
were (1) to negate foreign influence, (2) to allow sufficient 
time for foreigners to acquire knowledge of the institutions 
and interests of the Country,\8\ and (3) to avoid situations 
whereby U.S. citizens would be represented by foreign 
Representatives who may not have their best interests in 
mind.\9\ Originally the delegates to the Convention proposed a 
three years' citizenship requirement for Representatives but 
later changed it to seven years.\10\ For Senators, a term of 
four years' citizenship was proposed, but it was later changed 
to nine years.\11\
---------------------------------------------------------------------------
    \8\ Id., Sec. 728, p. 206. See also The Federalist, No. 62.
    \9\ Id., Sec. 617, p. 93.
    \10\ Ibid.
    \11\ Id., Sec. 728, pp. 206-207. As noted in The Federalist, ``The 
term of nine years appears to be a prudent mediocrity between a total 
exclusion of adopted citizens, whose merits and talents may claim a 
share in the public confidence, and in indiscriminate and hasty 
admission of them, which might create a channel for foreign influence 
in the national councils.'' See The Federalist. No. 62.
---------------------------------------------------------------------------
    Third, in regard to inhabitancy, the constitutional 
requirement for both Representatives and Senators is that they 
are, when elected, inhabitants of the state in which they are 
chosen. The purpose of this qualification was to secure an 
attachment to the state so that its interests would be properly 
represented. The inhabitancy that is required of 
Representatives and Senators is merely within a state not in 
any particular district of the state in which a Member is 
chosen. A one year's residence requirement was considered at 
the Convention but failed to pass.\12\
---------------------------------------------------------------------------
    \12\ Id., Sec. Sec. 618, 729, pp. 94-207.
---------------------------------------------------------------------------
    The age, citizenship, and inhabitancy requirements are the 
only qualifications for Members of Congress. They are paramount 
and exclusive qualifications, and state constitutions and laws 
can neither add to nor take away from these qualifications.\13\ 
The Constitution has not delegated any authority to either the 
States or the Congress, to add to or diminish such 
qualifications of Members of Congress as prescribed by Article 
I of the Constitution. In case of a conflict between a state's 
laws or a state's constitutional provisions relating to the 
qualifications of Members of Congress and the provisions of the 
Federal Constitution, the provisions of the Federal 
Constitution prevail. Thus, the mere possession of such 
qualifications as prescribed in the Constitution would make a 
person eligible for election to the Congress.\14\ And Alexander 
Hamilton observed that ``. . . [t]he qualifications of the 
persons who . . . may . . . be chosen . . . are defined and 
fixed in the Constitution, and are unalterable by the 
legislature.'' \15\
---------------------------------------------------------------------------
    \13\ 1 Hinds Precedents of the House of Representatives 
(Washington: 1907), Sec. 414, p. 382. See also 2 J. Story, Commentaries 
Sec. 625 at p. 1011.
    \14\ Id., 414, pp. 382-383.
    \15\ The Federalist. No. 60 (Modern Library ed. 1937), 394. Also 
note that in Article I, section 6, clause 2 of the Constitution, there 
are certain other disqualifications: ``[N]o person holding any Office 
under the United States shall be a Member of either House during his 
Continuance in Office.'' Moreover, Article 1, section 6, clause 2 would 
disqualify a Member of Congress ``during the time for which he was 
elected.'' from being appointed ``to any civil Office under the 
Authority of the United States, which shall have been created, or the 
Emoluments whereof shall have been increased during such time. . . .''
---------------------------------------------------------------------------
    Even though the qualifications for Members of Congress were 
made quite few and simple by the Authors of the Constitution, 
Congress on several occasions seemed to add additional 
qualifications such as by the 1862 disloyalty oath and by the 
exclusion in 1900 of a Member-elect for polygamy. And the issue 
of whether Congress could add additional qualifications for 
Members of Congress was not clarified until the 1969 Supreme 
Court decision in Powell v. McCormack in which the Court 
conclusively established that the constitutional qualifications 
for Members of Congress under Article I were exclusive and that 
Congress could not add to them.\16\ And while such 
qualifications appear to be quite clear, a number of issues 
regarding them have arisen which are discussed as follows.
---------------------------------------------------------------------------
    \16\ 395 U.S. 486, 543-547 (1969). See Act of July 2, 1862, 12 
Stat. 502.
---------------------------------------------------------------------------

                    B. State Residence Requirements

    Questions have arisen concerning whether a state has a 
right to prescribe residence requirements for Members of 
Congress and more particularly congressional district residence 
requirements for Members of the House. For example, a 1790 
Maryland law required a Member to be an inhabitant of the 
district at the time of election and to have resided there 
twelve months immediately prior to the election. In 1807, a 
House contested election case arose concerning whether an 
elected candidate to the House of Representatives has met the 
residence requirements of the State of Maryland. After much 
debate in the House, a report was issued that asserted: (1) 
that the qualifications for Members of Congress should be 
national in character and uniform throughout the nation, (2) 
that neither the States nor the Congress could add to or 
diminish such qualifications, and (3) that the States could not 
reserve a power to add to the qualifications of members.\17\
---------------------------------------------------------------------------
    \17\ Hinds' Precedents of the House of Representatives, Sec. 414, 
pp. 381-382 (1907).
---------------------------------------------------------------------------
    In a 1958 Maryland Court of Appeals decision, Hellmann v. 
Collier,\18\ involving a Maryland statute that required every 
candidate for the House of Representatives to be a resident of 
the congressional district in which the candidate sought 
election,\19\ the Court held the statute invalid since the 
State does not have any power to fix the qualifications for 
Representatives in Congress. Moreover, the congressional 
district residency requirement was an attempt by the State to 
impose an additional qualification to the provision of Article 
I, section 2 which establishes the qualifications for 
Representatives of Congress. The Maryland Court of Appeals 
decision was based on the ground that the State cannot in any 
manner impose additional qualifications for Members of the 
House of Representatives \20\ despite the fact that Congress 
has enacted laws providing for the reapportionment and 
redistricting for Members of the House.\21\
---------------------------------------------------------------------------
    \18\ 217 Md. 93. 141 A. 2d 908 (1958).
    \19\ Maryland Annotated Code, Art. 33, sec. 158(c) (1957).
    \20\ 141 A. 2d at 911-912.
    \21\ See the following Federal statutory provisions relating to 
reapportionment and redistricting: 2 U.S.C. Sec. 2 (number and 
apportionment of Representatives); 2 U.S.C. Sec. 2a (reapportionment of 
Representatives: time and manner); 2 U.S.C. Sec. 2b (number of 
Representatives from each state); and 2 U.S.C. Sec. 2c (number of 
congressional districts, number of Representatives from each district.)
---------------------------------------------------------------------------
    By custom and precedent, however, it has become the norm 
that Representatives should be residents of the congressional 
districts which they are elected to represent. However, for a 
state to require this by a law, as the State of Maryland did, 
would have immediate constitutional problems since it is a well 
settled principle that States cannot add to the qualifications 
for Members of Congress.\22\
---------------------------------------------------------------------------
    \22\ Bernard Schwartz, A Commentary on the Constitution of the 
United States, Part 1 ``The Powers of Government'' (New York: The 
MacMillan Co., 1963) p. 97. For an analysis of the terms ``bonafide 
inhabitant'' for the purpose of congressional eligibility for office, 
see H. Rept. 94-762, 94th Cong. 1st Sess. (1975).
---------------------------------------------------------------------------

                      C. Definition of Inhabitancy

    The constitutional qualifications of Articles 1, section 2 
and 3 for members of the House and Senate require inhabitancy 
in the state in which a Member is chosen, but these provisions 
do not use the terms ``residency'' or ``domicile.'' Black's Law 
Dictionary defines an inhabitant as: ``One who resides actually 
and permanently in a given place, and has his domicile there.'' 
\23\ The terms ``resident'' and ``inhabitant'' are not 
necessarily synonymous. Inhabitancy implies a more fixed and 
permanent abode and imparts certain privileges and 
responsibilities which residency would not have.\24\ 
``Residence'' is defined as the ``[P]ersonal presence at some 
place of abode with no present intention of definite or early 
removal and with purpose to remain for undetermined period, not 
infrequently, but not necessarily combined with design to stay 
permanently.'' \25\ And ``domicile'' is ``[T]hat place where a 
man has his true, fixed, and permanent home and principal 
establishment, and to which whenever he is absent he has the 
intention of returning.'' \26\
---------------------------------------------------------------------------
    \23\ Black's Law Dictionary 703 (6th ed. 1990). See also Ex Parte 
Shaw, 145 U.S. 444, 447 (1892).
    \24\ Ibid.
    \25\ Id., 1176.
    \26\ Id., 435.
---------------------------------------------------------------------------
    What are the criteria that would establish inhabitancy for 
the purpose of meeting that qualification under Article I, 
sections 2 and 3 of the Constitution? Some of the early 
contested election cases in the House of Representatives 
concerning the issue of inhabitancy gives us certain criteria. 
To determine inhabitancy of House Members of the following 
factors were considered:
          (1) citizen of the state involved;
          (2) native of state involved;
          (3) residence in state;
          (4) residence in other states;
          (5) type of home in state (vacation home or permanent 
        home);
          (6) professional licensure in state (e.g. license to 
        practice law in state);
          (7) pension from a foreign country; \27\
---------------------------------------------------------------------------
    \27\ These seven criteria were considered in the House contested 
election case of Philip B. Key of Maryland in the Tenth Congress (1807-
1808). See 1 Hinds' Precedents of the House of Representatives 
Sec. 432, pp. 417-419 (1907).
---------------------------------------------------------------------------
          (8) residence abroad;
          (9) property in state--both real and personal;
          (10) intention to return to state if outside of 
        state; \28\
---------------------------------------------------------------------------
    \28\ Factors numbered 8, 9, and 10 were considered in the House 
contested election case of John Bailey in 1824 who was elected from 
Massachusetts to the Eighteenth Congress, but Congress concluded that, 
since he held an office and resided with his family for a series of 
years in the District of Columbia exclusively, he was disqualified to 
sit as a Member from Massachusetts. 1 Hinds' Precedents of the House of 
Representatives Sec. 434, pp. 419-422 (1907). But in the 1824 contested 
election case of John Forsyth of Georgia, the House held that residence 
abroad in the service of the Government does not constitute a 
disqualification. 1 Hinds' Precedents supra Sec. 433 at p. 419.
---------------------------------------------------------------------------
          (11) state usage of the term ``inhabitant''.\29\
---------------------------------------------------------------------------
    \29\ For example, in Massachusetts in regard to the election 
contest case of John Bailey in 1824, the term ``inhabitant'' referred 
to a person as a member of a certain political community and not as a 
resident, see 1 Hinds' Precedents supra Sec. 433 at p. 422. Cf. Senate 
election contest case of Stanley Griswold in 1809 in which it was 
determined that since the State of Ohio did not have any laws or 
constitutional provisions construing the term ``inhabitant,'' 
citizenship in the State would be sufficient to meet the inhabitancy 
qualification. See Senate Election, Expulsion And Censure Cases From 
1793 to 1972. S. Doc. 92-7, 92d Cong., 1st Sess., p. 5 (1972).
---------------------------------------------------------------------------
    The House has used a number of these factors to establish 
the inhabitancy of a Member when it has been questioned. In the 
1824 election contest case of John Bailey who was elected from 
Massachusetts and found disqualified to sit because of 
insufficient indices of inhabitancy, the then House Committee 
on Elections observed that the term ``resident'' had first been 
proposed by the Framers of the Constitution but was later 
changed to ``inhabitant'' since it was thought that the latter 
would express more clearly their intention that Members of 
Congress should be completely identified with the state which 
they represented.\30\ The Committee also observed that the 
inhabitancy qualification in Article I of the Constitution did 
not necessarily mean that a Member must be actually residing in 
the state at the time of election.\31\
---------------------------------------------------------------------------
    \30\ 1 Hinds' Precedents, supra, Sec. 434 at p. 420.
    \31\ Id., p. 421. See also House Contested Case Re 21st Cong. Dist. 
of Ohio, H. Rept. 94-702, 94th Cong., 1st Sess. (1975).
---------------------------------------------------------------------------
    The Senate election contest cases that have concerned the 
issue of inhabitancy generally have not analyzed that 
particular qualification as much as the pertinent House 
election contest cases have. For example, in the 1809 Senate 
election contest case of Stanley Griswold from Ohio, the Senate 
found that, since the term of residence to entitle a person to 
become an inhabitant of the State was not defined by either the 
Ohio Constitution or the laws of the State of Ohio, the 
certificate of the Governor that Griswold was a citizen of Ohio 
was sufficient to entitle him to a seat.\32\ In the 1870 Senate 
election contest case of Adelbert Ames from Mississippi, the 
Senate Judiciary Committee determined that he was not, when 
elected, an inhabitant of the State since he only went to 
Mississippi due to military orders stationing him there and 
since only shortly before the election did he decide to be a 
senatorial candidate and remain and reside in Mississippi. 
Despite the Judiciary Committee's report, the Senate after a 
long debate allowed Mr. Ames to take the oath to office after 
resolving that he was eligible to be a Member of the 
Senate.\33\ In a 1992 unpublished decision of the Louisiana 
Court of Appeals, (Doc. No. 92 CA 1768), it was held that 
``inhabitancy'' is a requirement only at the time of election 
and that allegations concerning inhabitancy cannot state a 
cause of action prior to the election.
---------------------------------------------------------------------------
    \32\ Senate Election Cases, Supra. S. Doc. 92-7 at p. 5.
    \33\ Id., p. 45.
---------------------------------------------------------------------------

   D. Holding Public Office and Eligibility for Congressional Office

    When state constitutional or statutory provisions have 
disqualified certain Members-elect because they held certain 
state offices, both the House and the Senate have seated these 
Members-elect who did not meet the additional state 
qualifications or who suffered certain disqualifications as to 
eligibility to Congress since they held particular state 
offices. Such provisions have almost universally been held by 
Congress in contested election cases and by the Courts, 
predominantly state courts, to be additional qualifications to 
those set forth in Article I, sections 2 and 3 which would be 
unconstitutional since no state may add to the constitutional 
qualifications for Members of the House and Senate.\34\
---------------------------------------------------------------------------
    \34\ See generally 1 Hinds' Precedents supra. Sec. Sec. 414-417, 
pp. 381-389.
---------------------------------------------------------------------------
    In an 1852 Senate election contest case, for example, the 
Senate voted to seat Lyman Trumbull of Illinois, who was a 
judge of the Supreme Court of Illinois even though the 
Constitution of Illinois had a provision that would disqualify 
him.\35\ The Senate concluded that the State of Illinois could 
not add qualifications for eligibility to the Senate to those 
as defined by Article I, section 3, clause 3 of the United 
States Constitution.\36\ And in an 1887 Senate election contest 
case involving a Senator-elect from West Virginia who at the 
time of his election was a judge of the 13th Judicial Circuit, 
it was alleged that the Senator-elect was ineligible because of 
a state disqualification of eligibility as stated in the West 
Virginia Constitution (Art. VIII, Sec. 16) that a judge could 
not, during his continuance in office, be eligible to any 
political office. The Senate concluded that the Senator-elect 
could be seated since the West Virginia constitutional 
provision would prescribe an additional qualification to those 
set forth in the United States Constitution and would thus be 
invalid due to this conflict.\37\
---------------------------------------------------------------------------
    \35\ The Constitution of Illinois provided that the judges of the 
Supreme Court should not be eligible to any office of public trust or 
profit in the United States during the term for which they were elected 
nor for one year thereafter and that the votes for them for any elected 
office should be void. See Senate Election Cases, supra. S. Doc. 92-7 
at p. 23.
    \36\ Ibid.
    \37\ Id., pp. 53-57.
---------------------------------------------------------------------------
    Likewise, a number of state court holdings provide that 
states cannot add to those qualifications for Members of 
Congress that appear in sections 2 and 3 of Article I of the 
Constitution. In a 1918 decision, the Supreme Court of the 
State of Washington held that the State cannot change the 
qualifications as fixed by the United States Constitution for 
either House of Congress by provisions in the Constitution of 
Washington (Article 4, Sec. 15) requiring that judges of the 
Supreme Court and superior courts shall be ineligible for any 
other office during their term.\38\ In 1940 the Arizona Supreme 
Court similarly held that the provision of the Constitution of 
Arizona (Constitution of Arizona, Article 6, section 11) 
providing that the judges of the Supreme and Superior courts 
shall not be eligible to any office of public employment other 
than a judicial office of employment during the time for which 
they have been elected does not affect the qualifications of a 
candidate for Congress either in a primary or a general 
election. And, when there is a conflict between state and 
federal constitutional provisions relating to the 
qualifications of Members of Congress, the provisions of the 
United States Constitution prevail.\39\
---------------------------------------------------------------------------
    \38\ State ex rel. Chandler v. Howell, 104 Wash 99, 175 P. 2d 569, 
571 (1918).
    \39\ Stockton v. McFarland, 56 Ariz. 138, 106 P. 2d 330-331 (1940). 
See also the following decisions which held that similar state 
disqualifications would not prevent candidates for Congress from 
running for office, being nominated for office, and being eligible for 
office since they would be additional qualifications to those 
prescribed by the United States Constitution: State ex rel. Wettengel 
v. Zimmerman, 249 Wis. 237, 24 N.W. 2d 504, 508-509 (1946); Riley v. 
Cordell, 200 Okla. 390, 194 P. 2d 857, 861-862 (1948); State ex rel. 
Johnson v. Crane, 65 Wyo. 189, 197 P. 2d 864 (1948); N.E. 2d 508, 512-
513 (1958); and Florida ex rel. Davis v. Adams, 238 So. 2d 415 (Fla. 
1970), stay granted, 400 U.S. 1203 (1970) (Justice Black in Chambers); 
and Stack v. Adams, 315 F. Supp. 1295, 1297-98 (N.D. Fla 1970), interim 
relief granted, 400 U.S. 1205 (1970) (Justice Black in Chambers).
---------------------------------------------------------------------------
    In a 1970 federal court decision regarding congressional 
elections in the State of Florida, a three-judge District Court 
held that a Florida election statute which required a condition 
precedent to qualification that a person resign from any state 
public office violated Article I, section 2, clause 2 of the 
United States Constitution setting forth the qualifications for 
such office.\40\ The District Court asserted that the 
qualifications prescribed the United States Constitution are 
exclusive and that state constitutional and statutory 
provisions can neither add to nor take away from them. The 
Court further noted that this proposition is universally 
accepted and recognized and that state courts with singular 
unanimity have arrived at the same holding.\41\
---------------------------------------------------------------------------
    \40\ Stack v. Adams. 315 F. Supp. 1295, 1297 (N.D. Fla. 1970, 
three-judge district court. Interim relief granted, 400 U.S. 1205 
(1970) (Justice Black in Chambers).
    \41\ Id., 1297, Cf. Exon v. Tiemann, 279 F. Supp. 609, 613-14 (D. 
Neb. 1968, three-judge court).
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         E. Subversive Activities and Eligibility for Congress

    A congressional candidate cannot be required to file an 
affidavit that he or she is not a subversive who seeks the 
forcible overthrow of the Government.\42\ In 1950, for example, 
the Court of Appeals of Maryland held that the statute which 
required candidates for public office to file with their 
nomination certificates affidavits that they are not subversive 
persons was operative for candidates for state office but not 
for candidates for congressional office.\43\ The Maryland Court 
of Appeals made the following findings: (1) that the 
qualifications for a Representative in Congress are set out in 
Section 2 of Article I of the Federal Constitution, (2) that 
there are no other qualifications prescribed by the 
Constitution, (3) that Section 5 of Article I of the 
Constitution provides that each House of Congress shall be the 
judge of the qualifications of its own Members, and (4) that 
Members of Congress take the oath prescribed by Article VI of 
the Constitution and not the oath prescribed by Maryland 
statutory and constitutional provisions.
---------------------------------------------------------------------------
    \42\ Bernard Schwartz, A Commentary supra at p. 97. However, note 
that in 1862 due to the Civil War, Congress enacted a law requiring its 
Members to take an oath that they had never been disloyal to the 
Government (Act of July 2, 1862, 12 Stat. 502), and several House and 
Senate candidates were refused their seats in 1868 on charges of 
disloyalty. See 1 Hind Precedents of the House of Representatives, 
Sec. Sec. 449, 451, and 457 at pp. 431, 451, and 466.
    \43\ Shub v. Simpson, 76 A. 2d 332, 335-336 (Ct. of App. Md. 1950).
---------------------------------------------------------------------------
    Consequently, the Maryland Court of Appeals concluded that 
there is nothing in the Federal Constitution which prevents a 
Member of Congress from being a subversive who would seek to 
overthrow the Government by force or violence. And, if that is 
a disqualification, it must be determined by Congress itself 
and not by a state court or a state legislature.\44\ And a 1940 
New York decision held that, where a candidate for the U.S. 
House of Representatives was otherwise qualified, the fact that 
he was a leader of the Communist Party in America and openly 
espoused international communism did not render him 
ineligible.\45\
---------------------------------------------------------------------------
    \44\ Id., 340.
    \45\ In re O'Connor, 173 Misc. 419, 17 N.Y.S. 2d 758, 759 (1940).
---------------------------------------------------------------------------

           F. Felony Conviction and Eligibility for Congress

    Is a convicted felon ineligible to be a candidate for 
Congress? Generally the conviction of or pleading guilty to a 
crime which constitutes a felony offense does not automatically 
affect the eligibility to be a Member of Congress or to be a 
candidate for a future Congress unless the conviction is for 
insurrection or rebellion against the United States, or for 
aiding or abetting the enemies of the United States. [See, 
United States Constitution, Fourteenth Amendment, Section 3 
which would disqualify one who would commit such offenses after 
holding public office and swearing to uphold the Constitution.] 
This issue was addressed in the 1918 Minnesota Supreme Court 
decision which held that the State constitutional provisions 
which would disqualify convicted felons can have no application 
to the office of United States Senator.\46\ The Court further 
held that the qualifications of those aspiring to or holding 
congressional office are prescribed by the Federal Constitution 
which the State is without authority to modify or enlarge in 
any way. Consequently the candidate who was a convicted felon 
was not disqualified under the provisions of the United States 
Constitution.\47\
---------------------------------------------------------------------------
    \46\ State ex rel. Eaton v. Schmahl, 167 N.W. 481 (Sup. Ct. Minn. 
1918).
    \47\ Ibid.
---------------------------------------------------------------------------

  G. Eligibility of Congressional Candidates After Defeat in Primary 
                                Election

    At issue is whether a candidate for Congress can run in a 
general election for congressional office after a primary 
election defeat despite a state election law prohibiting 
defeated primary candidates from running in the general 
election. Generally, state ballot access provisions which are 
merely regulatory and are concerned only with the manner of 
holding elections do not impose additional qualifications for 
holding congressional office.
    For example, a 1902 decision by the Supreme Court of 
Minnesota held that a statute prohibiting an unsuccessful 
congressional candidate at a primary election from having his 
name printed on the general election ballot as an independent 
candidate for the same congressional office was held to be a 
reasonable and valid regulation that did not affect his 
eligibility for congressional office since the official ballot 
had a provision for write-in votes.\48\ Thus, when state 
election laws prohibit congressional candidates defeated in 
primary elections from having their names printed on general 
election ballots, these provisions do not affect their 
eligibility to congressional office as defined by the Federal 
Constitution since they provide for a write-in provision which 
protects congressional eligibility and enables congressional 
candidates to be elected if the requisite number of write-in 
votes are received.\49\ Likewise, a 1934 Nebraska Supreme Court 
decision held that a candidate who was defeated at a primary 
election for the office of governor could not by petition 
become a candidate for the office of United States Senator.\50\ 
The Court concluded that the candidate was not entitled to have 
his name printed on the ballot even though he was seeking the 
office of U.S. Senator since he may still be a write-in 
candidate and win the election if a sufficient number of voters 
write in his name on the ballot.\51\ According to the court, 
the state statute prohibiting defeated primary candidates from 
being on the general election ballot by petition did not impose 
an additional qualification to be a United States Senator and 
did not prevent him from being a candidate in the general 
election due to the write-in provisions.\52\
---------------------------------------------------------------------------
    \48\ State ex rel. McCarthy v. Moore, County Auditor, 87 Minn. 308, 
92 N.W. 4 (1902)
    \49\ 6 N.W. 2d at 91.
    \50\ State ex rel. O'Sullivan v. Swanson, 257 N.W. 255 (Sup. Ct. 
Neb. 1934).
    \51\ Id., 255, 256.
    \52\ Id., 256.
---------------------------------------------------------------------------
    But a 1942 North Dakota Supreme Court decision held that a 
statute prohibiting a defeated primary candidate from being a 
candidate for the same office at the general election was 
inapplicable to congressional candidates since it was not 
regulatory but added a qualification for holding congressional 
office in addition to those fixed by the Federal 
Constitution.\53\ The court concluded that, when a state 
election law bars the placement of a candidate's name on a 
general election ballot after a primary election defeat, it 
consequently makes the congressional candidate ineligible for 
said office. Thus, according to the court, this ineligibility 
to general election ballot access, whether as a candidate of 
another political party or as an independent candidate, imposes 
an additional qualification for congressional office which the 
State has no power to do as to U.S. congressional offices.\54\ 
However, the current state of the law would appear to indicate 
that, as long as write-in access is available to the 
congressional candidate, such a bar would not be absolute and 
an added qualification to Federal office.
---------------------------------------------------------------------------
    \53\ State ex rel. Sundfor v. Thorson, 6 N.W. 2d 89, 91-92 (Sup. 
Ct. N.D. 1942).
    \54\ Id., 90.
---------------------------------------------------------------------------

           H. State Requirements for Obtaining Ballot Access

    All state election laws have certain regulatory provisions 
requiring both state and Federal candidates to do all or some 
of the following: (1) file a declaration of candidacy, (2) file 
a nominating petition with a requisite number of signatures, 
and (3) pay a filing fee in certain jurisdictions.\55\ Since 
such requirements are regulatory and are concerned with the 
formation of the ballots of the primary and general elections 
and the procedure and conduct of such elections, they do not 
impose additional qualifications for holding congressional 
offices.\56\
---------------------------------------------------------------------------
    \55\ See, e.g., Part II, supra. concerning various state election 
law requirements for the nomination and election of congressional 
candidates which include inter alia provisions relating to declarations 
of candidacy; nominating petitions, and filing fees.
    \56\ 6 N.W. 2d at 90.
---------------------------------------------------------------------------
    The filing fee requirements in a couple of states have been 
challenged on the ground that they impose an additional 
qualification on the right to hold a certain office in 
violation of constitutional provisions setting forth the 
qualifications for certain elective offices. This issue was 
addressed by a 1961 Florida Supreme Court decision which upheld 
an $875.00 filing fee for the office of Supreme Court Justice. 
The Court asserted that the filing fee requirement imposed no 
additional qualification upon the right to hold office and that 
it dealt only with the requirements to become a candidate for 
the office.\57\ As long as such filing fee provisions are not 
arbitrary or unreasonable, they are valid legislative 
enactments that help defray the costs of certain election 
procedures of the nomination or election to the offices being 
sought by candidates and help maintain the size of the ballot 
within reasonable limits for the sake of insuring the 
efficiency of the election process.\58\ And in a 1905 Court of 
Appeals decision in Maryland it was similarly held that the 
exaction of a filing fee was by no means an imposition of a 
property qualification on the candidates.\59\ However, it 
should be noted that the United States Supreme Court on two 
occasions in 1972 and 1974 in Bullock v. Carter and \60\ Lubin 
v. Panish,\61\ has held that, when state election statutes 
provide for filing fee requirements without providing for 
reasonable alternative means of access to the ballot, they are 
unconstitutional by denying equal protection of the laws to 
indigent candidates who are unable to pay.
---------------------------------------------------------------------------
    \57\ Bonder v. Gray, 220 So. 2d 419, 421 (Sup. Ct. of Fla. 1961)
    \58\ 25 Am Jur. 2d Elections Sec. 182 (Payment of Filing Fees).
    \59\ Kenneweg v. Allegancy County Com'rs. 62 A. 249, 251 (Ct. of 
App. Md. 1905).
    \60\ 405 U.S. 134, 140-149 (1972).
    \61\ 415 U.S. 709, 717-718 (1974).
---------------------------------------------------------------------------
    And in 1974, the Supreme Court in Storer v. Brown upheld 
the ballot access requirements of the California Elections Code 
for independent candidates for the U.S. Congress and concluded 
that such provisions do not add to the qualifications for the 
office of U.S. Representative contrary to Article I, section 2, 
clause 2 of the U.S. Constitution.\62\ The provisions of the 
California Elections Code denied ballot access to all 
independent candidates for state or Federal office who voted in 
the immediately preceding primary election or who had a 
registered affiliation with a political party at any time 
within one year prior to the immediately preceding primary 
election.\63\ Moreover, the ballot access provisions required 
all independent candidates even those for federal office to 
file nomination papers signed by at least 5 percent of the vote 
cast at the preceding general election for the office which the 
candidate seeks to run and filed with the secretary of state 60 
days before the general election.\64\
---------------------------------------------------------------------------
    \62\ 415 U.S. 724, 728.
    \63\ California Elections Code. Sec. Sec. 6830(c), 6830(d)(1974).
    \64\ Id., Sec. Sec. 6830, 6831, 6833 (1974).
---------------------------------------------------------------------------
    The Storer Court held that the independent congressional 
candidates were properly barred from ballot positions for 
failing to comply with the California Election Code's party 
disaffiliation requirement. Moreover, the ballot access 
provisions for independent congressional candidates were not 
unconstitutional as adding qualifications to the office of U.S. 
Representative.\65\ The party disaffiliation requirement, 
according to Storer, was supported by California's compelling 
interests in preserving the direct primary process and in 
maintaining the stability of its political system and involved 
no discrimination against independent candidates.\66\ Thus, the 
procedural and regulatory requirements for independent 
congressional candidates to attain general election ballot 
access were not unconstitutional under Article I, section 2, 
clause 2 of the U.S. Constitution as establishing an additional 
qualification for the office of U.S. Representative since the 
procedural requirements for independent congressional 
candidates are no more an additional qualification for Congress 
than the primary election requirements would be in order to be 
placed on the general election ballot.\67\ Also an independent 
congressional candidate barred from the general election ballot 
for failing to comply with mandatory ballot access procedural 
requirements for independent candidates would still even have a 
chance at election to the U.S. Congress as a write-in 
alternative under the California Elections Code.\68\
---------------------------------------------------------------------------
    \65\ 415 U.S. at 746. n. 16.
    \66\ Id., 734-37.
    \67\ Id., 746, n. 16.
    \68\ Id., 736 at fn. 7.
---------------------------------------------------------------------------
    Arguably, if, in Storer, certain congressional candidates 
were absolutely barred from running for Congress by stringent 
and exclusive state procedural and regulatory laws governing 
general election ballot access by not being able to be on the 
general election ballot either as a party nominee through the 
primary election process, or as an independent candidate, or 
even as a write-in candidate, then such election laws might be 
invalid as providing an additional qualification for U.S. 
congressional office. It would appear that it is the absolute 
bar feature that would render a state election code provision 
unconstitutional as an additional qualification. But such a 
situation was not the case in Storer since, if the independent 
congressional candidates had timely complied with the 
procedures for independent candidacies under the California 
Elections Code, they could have been on the general election 
ballot as independent candidates, and they could have even been 
write-in candidates on the general election ballot if they had 
chosen to go that route. The Storer court noted that a write-in 
candidacy was still available,\69\ but it did not allude to 
that when it discussed the additional qualification 
argument.\70\
---------------------------------------------------------------------------
    \69\ Ibid.
    \70\ Id., 746, n. 16
---------------------------------------------------------------------------

                    I. Recall of Members of Congress

    There is no Federal statute providing for the recall of 
United States Senators and Representatives, and the Federal 
Constitution does not provide for any recall of Members of 
Congress. And before a United States Senator or Representative 
could be recalled, a constitutional amendment providing for 
such a recall would have to be adopted by two-thirds of both 
houses of Congress and ratified by three-fourths of the States 
in accordance with Article V.\71\
---------------------------------------------------------------------------
    \71\ See generally, S. Doc. 74-108, 74th Cong., 1st Sess., Recall 
of United States Senators and Representatives, pp. 1-4 (May 13, 1935).
---------------------------------------------------------------------------
    United States Senators and Representatives may lose their 
congressional seats--aside from death or resignation--in the 
following ways: (1) if they are appointed to a civil office 
during the time for which they are elected; \72\ (2) if they 
are elected to an incompatible office such as governor of a 
state; \73\ (3) if they are expelled, with the concurrence of 
two-thirds of the members, by the respective House,\74\ and (4) 
if they are disqualified if after having previously taken an 
oath to support the constitution, they shall have engaged in 
insurrection or rebellion against the United States or given 
aid or comfort to the enemies of the United States.\75\ These 
are the only removal procedures that are set forth in the 
Constitution for involuntary removal from offices of Senator 
and Representative.
---------------------------------------------------------------------------
    \72\ U.S. Const., art. 1, Sec. 6, cl. 2.
    \73\ Hinds' Precedents of the House of Representatives, vol. 1, ch. 
15, p. 16.
    \74\ U.S. Const., art. I, Sec. 5, cl. 2.
    \75\ U.S. Const. amend. XIV, Sec. 3.
---------------------------------------------------------------------------
    In the Articles of Confederation, state legislatures were 
authorized to recall their delegates to Congress.\76\ However, 
no such provisions were incorporated into the United States 
Constitution. Some states have recall provisions that arguably 
may be applicable to Members of Congress since the scope of the 
recall of many provisions apply to all elected officials which 
could conceivably mean Members of Congress also. Michigan 
specifically includes Members of Congress within the recall 
statute.\77\ In Arizona candidates for the United States Senate 
or House of Representatives may file a pre-primary statement or 
pledge promising to resign if not re-elected in a recall 
vote.\78\ And in Wisconsin the qualified electors of any 
congressional district may petition for the recall of any 
elective officer.\79\
---------------------------------------------------------------------------
    \76\ Articles of Confederation, art. V.
    \77\ Mich. Comp. Laws Anno., Sec. Sec. 168.149, 168.149.
    \78\ Ariz. Rev. Stats., Sec. 19-221, 19-222.
    \79\ Wisc. Const., art. 13. Sec. 12.
---------------------------------------------------------------------------
    Under Article I, section 5, clause 1, the Constitution 
provides that ``Each House shall be the judge of the elections, 
returns and qualifications of its own Members. . . .'' Also, 
under Article I, section 5, clause 2, each House of the 
Congress, and not the States, determines the rules of its 
proceedings, punishes its Members for disorderly behavior, and 
with the concurrence of two-thirds, expels a Member. 
Accordingly states cannot judge the qualifications of Senators 
and Representatives since this is left to each respective House 
under Article I, section 5, clauses 1 and 2.\80\ States cannot 
prescribe qualifications for Members of Congress other than 
those set forth in the Constitution under Article I, section 2, 
clause 2 \81\ for United States Representatives and under 
Article I, section 3, clause 3 \82\ for United States Senators. 
Such constitutional provisions manifest three distinct 
qualifications for Members of Congress: age, citizenship, and 
inhabitancy. Such provisions have been construed by the courts 
as being exclusive and as setting the only qualifications which 
may validly be required for candidates for Congressional 
office.
---------------------------------------------------------------------------
    \80\ Koegh v. Horner, 8 F. Supp. 933 (D. Ill. 1954), Burnchell v. 
State Board of Election Commissioners, 252 KY, 853, 68 S.W. 2d 427 
(1934); State ex rel. 25 Voters v. Selvig., 170 Minn. 406, 212 N.W. 604 
(1927).
    \81\ U.S. Const., art. I, Sec. 2, cl. 2: No person shall be a 
Representative who shall not have attained the Age of twenty-five Years 
and have been seven Years a Citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State in which he shall be 
chosen.
    \82\ U.S. Const., art. I, Sec. 3, cl. 3: No person shall be a 
Senator who shall not have attained to the Age of thirty Years, and 
been nine Years a Citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State for which he shall be chosen.
---------------------------------------------------------------------------
    The constitutional qualifications are paramount and 
exclusive, and state constitutions and laws can neither add to 
nor take away from them. In case of a conflict, provisions in 
the Federal Constitution prevail, so that mere possession of 
such qualifications prescribed in the Constitution makes one 
eligible for election to Congress, and he will be disqualified 
therefor by state constitutional or statutory provisions that 
make the holders of particular offices ineligible for any 
office.\83\ Thus, making a United States Senator or United 
States Representative subject to removal by a state recall 
election would constitute an additional qualification for 
office which the states do not have the constitutional 
authority to enact. And under the Supremacy Clause of the 
Federal Constitution,\84\ the provisions of the U.S. 
Constitution prevail over state constitutional and statutory 
provisions. Also, United States Senators and Representatives 
are Federal and not state officers, and states cannot exercise 
the same jurisdiction over them as their own officers.\85\
---------------------------------------------------------------------------
    \83\ See generally, State ex rel. Chandler v. Howell, 104 Wash. 99, 
175 P. 569 (1918); State ex rel. Wettengel v. Zimmerman, 249 Wisc. 237, 
24 N.W. 2d 504, 504, 508 (1946): Shub v. Simpson, 196 Md. 177, 76 A.2d 
332 (1950) Danielson v. Fitzsimmons, 232 Minn. 149. 44 N.W. 2d 484 
(1950); Hellmann v. Collier, 217 Md. 93, 141 A.2d 908 (1958); Powell v. 
McCormack, 395 U.S. at 546-50 (1969).
    \84\ U.S. Const., art. VI.
    \85\ Danielson v. Fitzsimmons. 232 Minn. 149, 44 N.W. 2d 484 
(1950).
---------------------------------------------------------------------------
    The matter of the recall of Members of Congress was the 
subject of an unreported judicial decision of an Idaho state 
district court in October 1967 in which a suit was dismissed 
which attempted to compel the Secretary of State to accept 
petitions seeking the recall of a United States Senator from 
Idaho. The judge, in dismissing the suit, found that a state 
recall of a United States Senator would violate Article I, 
Section 5, clause 1 of the Constitution which provides that 
each House of Congress ``. . . shall be the judge of the 
elections, returns and qualifications of its own members. . . 
.''

        J. The Issue of Term Limitations for Members of Congress

    Certain states either by state statutory or constitutional 
provisions, or by popularly enacted initiative measures, have 
limited the number of terms which their legislators may hold 
office. When these states enact statutes or initiative measures 
attempting to limit the number of terms of their U.S. 
Representatives and U.S. Senators, serious constitutional 
problems are raised. Under Article I, sections 2 and 3 of the 
U.S. Constitution the specific qualifications of Members of the 
U.S. House of Representatives and the U.S. Senate are set 
forth. Article I, section 2 specifies the qualifications of 
Members of the House of Representatives--age 25, U.S. 
citizenship for 7 years, and inhabitancy in the state. And 
Article I, section 3 specifies the qualifications for Members 
of the U.S. Senate--age 30, U.S. citizenship for 9 years, and 
inhabitancy in the state. These constitutional qualifications 
are defined and fixed by the U.S. Constitution and are thus 
unalterable by State statutes or initiative measures.\86\
---------------------------------------------------------------------------
    \86\ Alexander Hamilton observed that the qualifications of Members 
of Congress ``. . . are defined and fixed in the Constitution, and are 
unalterable by the legislature.'' The Federalist, No. 60 (Modern 
Library ed. 1937), 394-95. Cf., The Federalist Papers 371 (Mentor ed. 
1961).
---------------------------------------------------------------------------
    The Framers of the U.S. Constitution at the Constitutional 
Convention of 1787 debated the issue of the qualifications for 
Representatives and Senators and arrived at the above-mentioned 
age, citizenship, and inhabitancy qualifications for 
eligibility for U.S. congressional office. In the drafting and 
the markup of the U.S. Constitution, the Convention delegates 
on June 12, 1787 in the Committee of the Whole rejected and 
expunged a clause forbidding reelection for several years to 
the House of Representatives.\87\ On June 23, 1787, the 
Convention delegates rejected a provision making Members of 
Congress ineligible for office for one year after the 
expiration of their terms.\88\ And after considerable debate, 
the delegates rejected the concept of rotation of Members of 
Congress \89\ similar to the rotation of the delegates to 
Congress under the Articles of Confederation.\90\ Consequently, 
it would seem that the Framers of the U.S. Constitution did not 
intend term limitations for Members of Congress since they 
rejected similar term limit concepts.
---------------------------------------------------------------------------
    \87\ C. Tansill, Documents. ``Debates in the Federal Constitution 
of 1787 as reported by James Madison'' at pp. 195, 1091 (1927).
    \88\ Id., pp. 800-03.
    \89\ See, 2 Debates on the Adoption of the Federal Constitution, 
pp. 288-298, 310-20 (J. Elliott) (1988).
    \90\ Under Article V, clause 2 of the Articles of Confederation, 
``. . . no person [Member] shall be capable of being a delegate for 
more than three years in any term of six years. . . .''
---------------------------------------------------------------------------
    Any change in the term limitations for Members of Congress 
can only occur by the passage and ratification of a 
constitutional amendment in accordance with Article V of the 
Constitution. Neither an act of Congress nor an act of a state 
by statute or initiative measure can change or add to the 
prescribed constitutional qualifications of Members of Congress 
since only a U.S. constitutional amendment can change or add to 
such qualifications. The prescribed constitutional 
qualifications for Members of the House of Representatives and 
the Senate are paramount and exclusive qualifications which 
cannot be amended, changed, diminished, altered or added to by 
any state laws or constitutional provisions.\91\
---------------------------------------------------------------------------
    \91\ 1 Hinds' Precedents of the House of Representatives 
(Washington: 1907), Sec. 414, p. 382; 2 J. Story, Commentaries Sec. 625 
at p. 1011.
---------------------------------------------------------------------------
    The Supreme Court in the 1969 landmark decision of Powell 
v. McCormack held that the constitutional qualifications for 
Members of Congress under Article I, sections 2 and 3 were 
exclusive and that even Congress could not add to them.\92\ The 
Supreme Court in Powell found that the House of Representatives 
had no power to exclude from its membership any person who was 
duly elected and who met the age, citizenship, and residence 
requirements of Article I, sections 2 and 3 of the 
Constitution. Under the Constitution, Congress is not 
authorized to prescribe the qualifications of the Members of 
the House of Representatives and the Senate but is only 
authorized to judge the qualifications of its Members.\93\
---------------------------------------------------------------------------
    \92\ 395 U.S. 486, 543-47 (1969).
    \93\ 395 U.S. at 543 quoting from the Committee of Elections in 17 
Annals of Congress 871-72 (1807).
---------------------------------------------------------------------------
    Further, the Supreme Court in 1995 in U.S. Term Limits, 
Inc. v. Thornton concluded that a state-imposed limitation on 
congressional terms of office was unconstitutional in that it 
established an additional qualification for congressional 
office in violation of Article I, sections 2 and 3 setting 
forth the three basic congressional qualifications of age, 
citizenship, and inhabitancy.\94\ The Court reaffirmed the 
holdings in Powell that the qualifications for service in 
Congress set forth in the Constitution are fixed and can 
neither be supplemented by the States nor even by Congress 
unless by a constitutional amendment ratified by three-quarters 
of the States.\95\
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    \94\ 63 U.S.L.W. 4413, 4414 (1995).
    \95\ Id., 4418.
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