[Senate Document 106-16]
[From the U.S. Government Publishing Office]



106th Congress
2d Session                                               S. Doc. 106-16

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Nomination and
Election
of the President and
Vice President
of the United States, 2000

Including the Manner of Selecting
Delegates to
National Party Conventions

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By L. Paige Whitaker, Jack Maskell, Margaret M. Lee, Robert B. 
Burdette, John Contrubis, T.J. Halstead, and Jon Shimabukuro, 
Legislative Attorneys, and Gloria P. Sugars, Paralegal and Coordinator,
Congressional Research Service, Library of Congress,
for the Committee on Rules and Administration,
United States Senate

January 2000

U.S. Government Printing Office, Washington: 2000




106th Congress
2d Session                                               S. Doc. 106-16

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      Nomination and Election of the President and Vice President 
                      of the United States, 2000

Including the Manner of Selecting
Delegates to
National Party Conventions

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By L. Paige Whitaker, Jack Maskell, Margaret M. Lee, Robert B. 
Burdette, John Contrubis, T.J. Halstead, and Jon Shimabukuro, 
Legislative Attorneys, and Gloria P. Sugars, Paralegal and Coordinator,
Congressional Research Service, Library of Congress,
for the Committee on Rules and Administration,
United States Senate

January 2000

U.S. Government Printing Office, Washington: 2000




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            For sale by the U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
                 COMMITTEE ON RULES AND ADMINISTRATION

                  MITCH McCONNELL, Kentucky, Chairman
JESSE HELMS, North Carolina          CHRISTOPHER J. DODD, Connecticut
TED STEVENS, Alaska                  ROBERT C. BYRD, West Virginia
JOHN WARNER, Virginia                DANIEL K. INOUYE, Hawaii
THAD COCHRAN, Mississippi            DANIEL PATRICK MOYNIHAN, New York
RICK SANTORUM, Pennsylvania          DIANNE FEINSTEIN, California
DON NICKLES, Oklahoma                ROBERT G. TORRICELLI, New Jersey
TRENT LOTT, Mississippi              CHARLES E. SCHUMER, New York
KAY BAILEY HUTCHISON, Texas
                  Tamara S. Somerville, Staff Director
                     G. Hunter Bates, Chief Counsel
      Kennie L. Gill, Democratic Staff Director and Chief Counsel

                                 ------                                

                         SENATE RESOLUTION 236

                   In the Senate of the United States

                           November 19, 1999

    Resolved, That the Committee on Rules and Administration 
shall prepare a revised edition of the document entitled 
Nomination and Election of the President and Vice President of 
the United States, Senate Document 102-14, and that such 
document shall be printed as a Senate document.
    Sec. 2. There shall be printed, beyond the usual number, 
six hundred additional copies of the document specified in the 
first section for the use of the Committee on Rules and 
Administration.
    Attest:
                                                        Gary Sisco,
                                                          Secretary
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FOREWORD


This document is a compilation of the constitutional provisions, 
federal and state laws, and rules of the two major political parties 
governing the nomination and election of the President and Vice 
President of the United States. It lists the states holding 
presidential preference primaries and the dates of such primaries; it 
also describes the manner of selecting delegates to the national 
conventions, the dates such selections are to be made, and the number 
of delegates to be selected. Two surveys of the rules of the major 
political parties and of the election laws of the fifty states and the 
District of Columbia are included relating to the selection of 
delegates to the national nominating conventions and to the nomination 
and election of electors of the President and Vice President. Abstracts 
of the laws relating to minor and new parties and independent 
candidates are also included in the surveys.
The information contained here is based on the federal and state laws 
in effect as of October 1, 1999. There have been many changes in the 
election laws of the states since the 1992 presidential election. 
Various state laws referred to in this document may have been amended 
subsequent to publication; similarly, political party constitutions, 
rules and delegates selection plans may also have been amended. Every 
effort has been made to provide the latest statutes, party rules and 
delegate selection plans.
The analysis of election laws and party rules was prepared by L. Paige 
Whitaker, Jack Maskell, Margaret M. Lee, Robert B. Burdette, John 
Contrubis, T.J. Halstead, Jon Skimabukuro, legislative attorneys, and 
paralegal Gloria P. Sugars, coordinator, of the American Law Division, 
Congressional Research Service, Library of Congress for the Senate 
Committee on Rules and Administration, under the supervision of Ellen 
M. Lazarus Deputy Assistant Director, and Richard C. Ehkle, Assistant 
Director of the American Law Division.
Nomination and Election
Nomination and Election
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CONTENTS
          Foreword, III
          Table of Contents, V
          Important Dates, VII
          Part I. Federal Constitutional Provisions and Laws Governing 
          the Election of the President and Vice President of the 
          United States, 1
A.        United States Constitution, 1
B.        Election of the President (Title 3, United States Code), 5
C.        Voting Rights Act Amendments of 1970--Residence Requirements 
          (Title 42, United States Code), 13
D.        Campaign Financing Reporting and Disclosure (Title 2, United 
          States Code), 16
E.        Financial Disclosure Requirements of Executive Personnel, 
          Including Candidates for Nomination or Election to the Office 
          of President or Vice President (Title 5, United States Code 
          Appendix), 61
F.        Political Activities: Federal Employees (Title 5, United 
          States Code), 87
G.        Political Activities: State and Local Employees (Title 5, 
          United States Code), 91
H.        Criminal Code Provisions (Title 18, United States Code), 96
I.        Internal Revenue Code, Political Campaign Debts and 
          Contributions (Title 26, United States Code), 106
J.        Public Financing of Presidential Elections (Title 26, United 
          States Code), 113
K.        Communications Media (Title 47, United States Code), 139
          Part II. Nomination of the President and Vice President, 141
A.        Calendar for Party Caucuses/Conventions and Presidential 
          Primaries, 141
B.        Background, 142
C.        Significant Court Decisions Affecting Delegate Selection 
          Procedures and the Convention System, 146
D.        FEC Regulations on Delegates and Delegate Committees, 150
E.        1992 Democratic Party Delegate Selection Rules, 157
F.        Rules of the Republican Party Relating to the Convening of 
          the 2000 National Convention, 216
          Part III. Survey of State Laws and of Party Rules Regulating 
          the Selection of Delegates to the National Nominating 
          Conventions, 233
A.        Delegate Selection for the States, 233
B.        Delegate Selection for Citizens Abroad and the Territories, 
          308
          Part IV. State Laws Relating to the Nomination and Election 
          of Presidential Electors, 310
A.        Table of State Electoral College Votes, 310
B.        Background, 310
C.        Summary of State Laws Relating to Presidential Electors, 313
          Part V. Presidential Succession, 395
A.        Death or Disability of a President, 395
B.        Death of a President-Elect, 399
          Part VI. Tables Relating to Various Aspects of the Nomination 
          and Election of the President and Vice President, 409
1.        Presidents and Vice Presidents of the United States and the 
          Congress Coincident with Their Terms, 410
2.        Electoral Vote for President and Vice President, by Major 
          Political Parties--States: 1956 to 1996, 411
3.        Vote for President--Popular Vote Cast for President, by 
          Political Parties--Regional and States 1976 to 1996, 412
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IMPORTANT DATES

August 14-17, 2000--Democratic National Convention in Los Angeles, 
California.
July 29-August 4, 2000--Republican National Convention in Philadelphia, 
Pennsylvania.
November 7, 2000--General Election in all States.
December 18, 2000--Date of meeting of electors (Electoral College).
January 6, 2001--Counting of electoral votes by joint session of 
Congress.
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 Dates for Party Caucuses/Conventions and Presidential Primaries in 2000
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                                                         Presidential
              Dates                Caucus/Convention       Primaries
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January 24......................  Iowa..............  ..................
February 1......................  ..................  New Hampshire
February 5......................  ..................  Delaware (D)
February 8......................  ..................  Delaware (R)
February 19.....................  ..................  South Carolina (R)
February 22.....................  ..................  Arizona, Michigan
February 26.....................  American Samoa,     ..................
                                   Guam, Virgin
                                   Islands
                                   (Republican only).
February 29.....................  North Dakota (R)..  Virginia,
                                                       Washington
March 5.........................  ..................  Puerto Rico (R)
March 7.........................  American Samoa      California,
                                   (D), Hawaii (D),    Connecticut,
                                   Minnesota, North    Georgia, Maine,
                                   Dakota (D).         Maryland,
                                                       Massachusetts,
                                                       Missouri, New
                                                       York, Ohio, Rhode
                                                       Island, Vermont
March 9.........................  ..................  South Carolina (D)
March 10........................  ..................  Colorado, Utah,
                                                       Wyoming
March 11........................  Michigan (D)......  Arizona (D)
March 12........................  ..................  Puerto Rico (D)
March 14........................  ..................  Florida,
                                                       Louisiana,
                                                       Mississippi,
                                                       Oklahoma,
                                                       Tennessee, Texas
March 21........................  ..................  Illinois
April 1.........................  Virgin Islands (D)  ..................
April 4.........................  ..................  Kansas,
                                                       Pennsylvania,
                                                       Wisconsin
May 2...........................  ..................  District of
                                                       Columbia,
                                                       Indiana, North
                                                       Carolina
May 6...........................  Guam (D)..........  ..................
May 9...........................  ..................  Nebraska, West
                                                       Virginia
May 16..........................  ..................  Oregon
May 19..........................  Alaska (R)          ..................
                                   Convention,
                                   Hawaii.
May 19-21.......................  Nevada (D)          ..................
                                   Convention.
May 20..........................  Alaska (D)          ..................
                                   Convention.
May 23..........................  ..................  Arkansas, Idaho,
                                                       Kentucky
May 25..........................  Nevada (R)          ..................
                                   Convention.
June 3..........................  Virginia (D)        ..................
                                   Convention.
June 6..........................  ..................  Alabama, Montana,
                                                       New Jersey, New
                                                       Mexico, South
                                                       Dakota
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Nomination and Election
Nomination and Election
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PART I. FEDERAL CONSTITUTIONAL PROVISIONS AND LAWS GOVERNING THE 
ELECTION OF THE PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES

A. United States Constitution

ARTICLE II--THE PRESIDENT
Section 1. The executive Power shall be vested in a President of the 
United States of America. He shall hold his Office during the Term of 
four Years, and, together with the Vice-President, chosen for the same 
Term, be elected, as follows: Each State shall appoint, in such Manner 
as the Legislature thereof may direct, a Number of Electors, equal to 
the whole Number of Senators and Representatives to which the State may 
be entitled in the Congress; but no Senator or Representative, or 
Person holding an Office of Trust or Profit under the United States, 
shall be appointed an Elector.
The Congress may determine the Time of choosing the Electors, and the 
Day on which they shall give their Votes; which Day shall be the same 
throughout the United States. No person except a natural born Citizen, 
or a Citizen of the United States, at the time of the Adoption of this 
Constitution, shall be eligible to the Office of President; neither 
shall any Person be eligible to that Office who shall not have attained 
to the Age of thirty-five Years, and been fourteen Years a Resident 
within the United States.

AMENDMENT XII--PRESIDENTIAL ELECTORS
The electors shall meet in their respective States and vote by ballot 
for President and Vice President, one of whom, at least, shall not be 
an inhabitant of the same State with themselves; they shall name in 
their ballots the person voted for as President, and in distinct 
ballots the person voted for as Vice President, and they shall make 
distinct lists of all persons voted for as President, and of all 
persons voted for as Vice President, and of the number of votes for 
each, which lists they shall sign and certify, and transmit sealed to 
the seat of the government of the United States, directed to the 
President of the Senate;--The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open all the 
certificates and the votes shall then be counted;--The person having 
the greatest number of votes for President, shall be the President, if 
such number be a majority of the whole number of Electors appointed; 
and if no person have such majority; then from the persons having the 
highest numbers not exceeding three on the list of those voted for as 
President, the House of Representatives shall choose immediately, by 
ballot, the President. But in choosing the President, the votes shall 
be taken by States, the representation from each State having one vote; 
a quorum for this purpose shall consist of a member or members from 
two-thirds of the States, and a majority of all the States shall be 
necessary to a choice. And if the House of Representatives shall not 
choose a President whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then the Vice 
President shall act as President, as in the case of the death or other 
constitutional disability of the President. The person having the 
greatest number of votes as Vice President, shall be the Vice 
President, if such number be a majority of the whole number of Electors 
appointed, and if no person have a majority, then from the two highest 
numbers on the list, the Senate shall choose the Vice President; a 
quorum for the purpose shall consist of two-thirds of the whole number 
of Senators, and a majority of the whole number shall be necessary to a 
choice. But no person constitutionally ineligible to the office of 
President shall be eligible to that of Vice President of the United 
States.

AMENDMENT XX--COMMENCEMENT OF THE TERMS OF THE PRESIDENT, VICE 
PRESIDENT, AND MEMBERS OF CONGRESS
Section 1. 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.
Section 2. The Congress shall assemble at least once in every year, and 
such meeting shall begin at noon on the 3d day of January, and unless 
they shall by law appoint a different day.
Section 3. If, at the time fixed for the beginning of the term of the 
President, the President elect shall have died, the Vice President 
elect shall become President. If a President shall not have been chosen 
before the time fixed for the beginning of his term, or if the 
President elect shall have failed to qualify, then the Vice President 
elect shall act as President until a President shall have qualified; 
and the Congress may by law provide for the case wherein neither a 
President elect nor a Vice President elect shall have qualified, 
declaring who shall then act as President, or the manner in which one 
who is to act shall be selected, and such person shall act accordingly 
until a President or Vice President shall have qualified.
Section 4. The Congress may by law provide for the case of the death of 
any of the persons from whom the House of Representatives may choose a 
President whenever the right of choice shall have devolved upon them, 
and for the case of the death of any of the persons from whom the 
Senate may choose a Vice President whenever the right of choice shall 
have devolved upon them.
Section 5. Sections 1 and 2 shall take effect on the 15th day of 
October following the ratification of this article.
Section 6. This article shall be inoperative unless it shall have been 
ratified as an amendment to the Constitution by  the legislatures of 
three-fourths of the several States within seven years from the date of 
its submission.

AMENDMENT XXII--LIMITATION ON PRESIDENTIAL TERMS
Section 1. No person shall be elected to the office of the President 
more than twice, and no person who has held the office of President or 
acted as President, for more than two years of a term to which some 
other person was elected President shall be elected to the office of 
the President more than once. But this Article shall not apply to any 
person holding the office of President when this Article was proposed 
by the Congress, and shall not prevent any person who may be holding 
the office of President, or acting as President, during the term within 
which this Article becomes operative from holding the office of 
President or acting as President during the remainder of such term.

AMENDMENT XXIII--PRESIDENTIAL ELECTORS FOR DISTRICT OF COLUMBIA
Section 1. The District constituting the seat of Government of the 
United States shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice President equal to the whole 
number of Senators and Representatives in Congress to which the 
District would be entitled if it were a State, but in no event more 
than the least populous State; they shall be in addition to those 
appointed by the States, but they shall be considered, for the purposes 
of the election of President and Vice President, to be electors 
appointed by a State; and they shall meet in the District and perform 
such duties as provided by the twelfth article of amendment.
Section 2. The Congress shall have the power to enforce this article by 
appropriate legislation.

AMENDMENT XXIV--BAN ON POLL TAX
Section 1. 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.
Section 2. The Congress shall have power to enforce this article by 
appropriate legislation.

AMENDMENT XXV--SUCCESSION TO PRESIDENCY AND VICE PRESIDENCY: INABILITY 
OF PRESIDENT
Section 1. In case of the removal of the President from office or of 
his death or resignation, the Vice President shall become President.
Section 2. Whenever there is a vacancy in the office of the Vice 
President, the President shall nominate a Vice President who shall take 
office upon confirmation by a majority vote of both Houses of Congress.
Section 3. Whenever the President transmits to the President pro 
tempore of the Senate and the Speaker of the House of Representatives 
his written declaration that he is unable to discharge the powers and 
duties of his office, and until he transmits to them a written 
declaration to the contrary, such powers and duties shall be discharged 
by the Vice President as Acting President.
Section 4. Whenever the Vice President and a majority of either the 
principal officers of the executive departments or of such other body 
as Congress may by law provide, transmit to the President pro tempore 
of the Senate and the Speaker of the House of Representatives their 
written declaration that the President is unable to discharge the 
powers and duties of his office, the Vice President shall immediately 
assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore 
of the Senate and the Speaker of the House of Representatives his 
written declaration that no inability exists, he shall resume the 
powers and duties of his office unless the Vice President and a 
majority of either the principal officers of the executive department 
or of such other body as Congress may be law provide, transmit within 
four days to the President pro tempore of the Senate and the Speaker of 
the House of Representatives their written declaration that the 
President is unable to discharge the powers and duties of his office. 
Thereupon Congress shall decide the issue, assembling within forty-
eight hours for that purpose if not in session. If the Congress, within 
twenty-one days after receipt of the latter written declaration, or, if 
Congress is not in session, within twenty-one days after Congress is 
required to assemble, determines by two-thirds vote of both Houses that 
the President is unable to discharge the powers and duties of his 
office, the Vice President shall continue to discharge the same as 
Acting President; otherwise, the President shall resume the powers and 
duties of his office.

AMENDMENT XXVI--RIGHT TO VOTE--CITIZENS EIGHTEEN YEARS OF AGE OR OLDER
Section 1. 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.
Section 2. The Congress shall have power to enforce this article by 
appropriate legislation.
B. Election of the President (Title 3, United States Code)

3 U.S.C. Sec. 1. Time of Appointing Electors.
The electors of President and Vice President shall be appointed, in 
each State, on the Tuesday next after the first Monday in November, in 
every fourth year succeeding every election of a President and Vice 
President. (June 25, 1948, ch. 644, 62 Stat. 672.)

3 U.S.C. Sec. 2. Failure to Make Choice on Prescribed Day.
Whenever any State has held an election for the purpose of choosing 
electors, and has failed to make a choice on the day prescribed by law, 
the electors may be appointed on a subsequent day in such a manner as 
the legislature of such State may direct. (June 25, 1948, ch. 644, 62 
Stat. 672.)

3 U.S.C. Sec. 3. Number of Electors.
The number of electors shall be equal to the number of Senators and 
Representatives to which the several States are by law entitled at the 
time when the President and Vice President to be chosen come into 
office; except, that where no apportionment of Representatives had been 
made after any enumeration, at the time of choosing electors, the 
number of electors shall be according to the then existing 
apportionment of Senators and Representatives. (June 25, 1948, ch. 644, 
62 Stat. 672.)

3 U.S.C. Sec. 4. Vacancies in Electoral College.
Each State may, by law, provide for the filing of any vacancies which 
may occur in its college of electors when such college meets to give 
its electoral vote. (June 25, 1948, ch. 644, 62 Stat. 673.)

3 U.S.C. Sec. 5. Determination of Controversy as to Appointment of 
Electors.
If any State shall have provided, by laws enacted prior to the day 
fixed for the appointment of the electors, for its final determination 
of any controversy or contest concerning the appointment of all or any 
of the electors of such State, by judicial or other methods or 
procedures, and such determinations made have been made at least six 
days before the time fixed for the meeting of the electors, such 
determination made pursuant to such law so existing on said day, and 
made at least six days prior to said time of meeting of the electors, 
shall be conclusive, and shall govern in the counting of the electoral 
votes as provided in the Constitution, and as hereinafter regulated, as 
far as the ascertainment of the electors appointed by such State is 
concerned. (June 25, 1948, ch. 644, 62 Stat. 673.)

3 U.S.C. Sec. 6. Credentials of Electors, Transmission to Administrator 
of General Services and to Congress; Public Inspection.
It shall be the duty of the executive of each State, as soon as 
practicable after the conclusion of the appointment of the electors in 
such State by the final ascertainment under and in pursuance of the 
laws of such State providing for such ascertainment, to communicate by 
registered mail under the seal of the State of the Administrator of 
General Services a certificate of such ascertainment of the electors 
appointed, setting forth the names of such electors and the canvass or 
other ascertainment under the laws of such State of the number of votes 
given or cast for each person for whose appointment any and all votes 
have been given or cast; and it shall also thereupon be the duty of the 
executive of each State to deliver to the electors of such State, on or 
before the day on which they are required by section 7 of this title to 
meet, six duplicate-originals of the same certificate under the seal of 
the State; and if there shall have been any final determination in a 
State in the manner provided for by law of a controversy or contest 
concerning the appointment of all or any of the electors of such State, 
it shall be the duty of the executive of such State, as soon as 
practicable after such determination, to communicate under the seal of 
the State to the Administrator of General Services a certificate of 
such determination in form and manner as the same shall have been made; 
and the certificate or certificates so received by the Administrator of 
General Services shall be preserved by him for one year and shall be a 
part of the public records of his office and shall be open to public 
inspection; and the Administrator of General Services at the first 
meeting of Congress thereafter shall transmit to the two Houses of 
Congress copies in full of each and every such certificate so received 
at the General Services Administration. (June 25, 1948, ch. 644, 62 
Stat. 673; Oct. 31, 1951, ch. 655, Sec. 6, 65 Stat. 711.)

3 U.S.C. Sec. 7. Meeting and Vote of Electors.
The electors of President and Vice President of each State shall meet 
and give their votes on the first Monday after the second Wednesday in 
December next following their appointment at such place in each State 
as the legislature of such State shall direct. (June 25, 1948, ch. 644, 
62 Stat. 673.)

3 U.S.C. Sec. 8. Manner of Voting.
The electors shall vote for President and Vice President, respectively, 
in the manner directed by the Constitution. (June 25, 1948, ch. 644, 62 
Stat. 674.)

3 U.S.C. Sec. 9. Certificates of Votes for President and Vice 
President.
The electors shall make and sign six certificates of all the votes 
given by them, each of which certificates shall contain two distinct 
lists, one of the votes for President and the other of the votes for 
Vice President, and shall annex to each of the certificates one of the 
lists of the electors which  shall have been furnished to them by 
direction of the executive of the State. (June 25, 1948, ch. 644, 62 
Stat. 674.)

3 U.S.C. Sec. 10. Sealing and Endorsing Certificates.
The electors shall seal up the certificates so made by them, and 
certify upon each that the lists of all the votes of such State given 
for President, and of all the votes given Vice President, are contained 
therein. (June 25, 1948, ch. 644, 62 Stat. 674.)

3 U.S.C. Sec. 11. Disposition of Certificates.
The electors shall dispose of the certificates so made by them and the 
lists attached thereto in the following manner:
First. They shall forthwith forward by registered mail one of the same 
to the President of the Senate at the seat of government.
Second. Two of the same shall be delivered to the secretary of state of 
the State, one of which shall be held subject to the order of the 
President of the Senate, the other to be preserved by him for one year 
and shall be a part of the public records of his office and shall be 
open to public inspection.
Third. On the day thereafter they shall forward by registered mail two 
of such certificates and lists to the Administrator of General Services 
at the seat of government, one of which shall be held subject to the 
order of the President of the Senate. The other shall be preserved by 
the Administrator of General Services for one year and shall be a part 
of the public records of his office and shall be open to public 
inspection.
Fourth. They shall forthwith cause the other of the certificates and 
lists to be delivered to the judge of the district in which the 
electors shall have assembled. (June 25, 1948, ch. 644, 62 Stat. 674; 
Oct. 31, 1951, ch. 655 Sec. 7, 65 Stat. 712.)

3 U.S.C. Sec. 12. Failure of Certificates of Electors to Reach 
President of Senate or Administrator of General Services; Demand on 
State for Certificate.
When no certificate of vote and list mentioned in sections 9 and 11 of 
this title from any State shall have been received by the President of 
the Senate or by the Administrator of General Services by the fourth 
Wednesday in December, after the meeting of the electors shall have 
been held, the President of the Senate or, if he be absent from the 
seat of government, the Administrator of General Services shall 
request, by the most expeditious method available, the secretary of 
state of the State to send up the certificate and list lodged with him 
by the electors of such State; and it shall be his duty upon receipt of 
such request immediately to transmit same by registered mail to the 
President of the Senate at the seat of government. (June 25, 1948, ch. 
644, 62 Stat. 674; Oct. 31, 1951, ch. 655, Sec. 8, 65 Stat. 712.)

3 U.S.C. Sec. 13. Same; Demand on District Judge for Certificate.
When no certificate of votes from any State shall have been received at 
the seat of government on the fourth Wednesday in December, after the 
meeting of the electors shall have been held, the President of the 
Senate or, if he be absent from the seat of government, the 
Administrator of General Services shall send a special messenger to the 
district judge in whose custody one certificate of votes from that 
State has been lodged, and such judge shall forthwith transmit that 
list by the hand of such messenger to the seat of government. (June 25, 
1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, Sec. 9, 65 Stat. 
712.)

3 U.S.C. Sec. 14. Forfeiture for Messenger's Neglect of Duty.
Every person who, having been appointed, pursuant to section 13 of this 
title, to deliver the certificates of the votes of the electors to the 
President of the Senate, and having accepted such appointment, shall 
neglect to perform the services required from him, shall forfeit the 
sum of $1,000. (June 25, 1948, ch. 644, 62 Stat. 675.)

3 U.S.C. Sec. 15. Counting Electoral Votes in Congress.
Congress shall be in session on the sixth day of January succeeding 
every meeting of the electors. The Senate and House of Representatives 
shall meet in the Hall of the House of Representatives at the hour of 1 
o'clock in the afternoon on that day, and the President of the Senate 
shall be their presiding officer. Two tellers shall be previously 
appointed on the part of the Senate and two on the part of the House of 
Representatives, to whom shall be handed, as they are opened by the 
President of the Senate, all the certificates and papers purporting to 
be certificates of the electoral votes, which certificates and papers 
shall be opened, presented, and acted upon in the alphabetical order of 
the States, beginning with the letter A; and said tellers, having then 
read the same in the presence and hearing of the two Houses, shall make 
a list of the votes as they shall appear from the said certificates; 
and the votes having been ascertained and counted according to the 
rules of this subchapter provided, the result of the same shall be 
delivered to the President of the Senate, who shall thereupon announce 
the State of the vote, which announcement shall be deemed a sufficient 
declaration of the persons, if any, elected President and Vice 
President of the United States, and, together with a list of the votes, 
be entered on the Journals of the two Houses. Upon such reading of any 
such certificate or paper, the President of the Senate shall call for 
objections, if any.
Every objection shall be made in writing, and shall state clearly and 
concisely, and without argument, the ground thereof, and shall be 
signed by at least one Senator and one Member of the House of 
Representatives before the same shall be received. When all objections 
so made to any vote or paper from a State shall have been received and 
read, the Senate shall thereupon withdraw, and such objections shall be 
submitted to the Senate for its decision; and the Speaker of the House 
of Representatives shall, in like manner, submit such objections to the 
House of Representatives for its decision; and no electoral vote or 
votes from any State which shall have been regularly given by electors, 
whose  appointment has been lawfully certified to according to section 
6 of this title from which but one return has been received shall be 
rejected, but the two Houses concurrently may reject the vote or votes 
when they agree that such vote or votes have not been so regularly 
given by electors whose appointment has been so certified. If more than 
one return or paper purporting to be a return from a State shall have 
been received by the President of the Senate, those votes, and those 
only, shall be counted which shall have been regularly given by the 
electors who are shown by the determination mentioned in section 5 of 
this title to have been appointed, if the determination in said section 
provided for shall have been made, or by such successors or 
substitutes, in case of a vacancy in the board of electors so 
ascertained, as have been appointed to fill such vacancy in the mode 
provided by the laws of the State; but in case there shall arise the 
question which of two or more of such State authorities determining 
what electors have been appointed, as mentioned in section 5 of this 
title, is the lawful tribunal of such State, the votes regularly given 
of those electors, and those only, of such State shall be counted whose 
title as electors the two Houses, acting separately, shall concurrently 
decide is supported by the decision of such State so authorized by its 
law; and in such case of more than one return or paper purporting to be 
a return from a State, if there shall have been no such determination 
of the question in the State aforesaid, then those votes, and those 
only, shall be counted which the two Houses shall concurrently decide 
were cast by lawful electors appointed in accordance with the laws of 
the State, unless the two Houses, acting separately, shall concurrently 
decide such votes not to be the lawful votes of the legally appointed 
electors of such State. But if the two Houses shall disagree in respect 
of the counting of such votes, then, and in that case, the votes of the 
electors whose appointment shall have been certified by the executive 
of the State, under the seal thereof, shall be counted. When the two 
Houses have voted, they shall immediately again meet, and the presiding 
officer shall then announce the decision of the questions submitted. No 
votes or papers from any other State shall be acted upon until the 
objections previously made to the votes or papers from any State shall 
have been finally disposed of. (June 25, 1948, ch. 644, 62 Stat. 675.)

3 U.S.C. Sec. 16. Same; Seats for Officers and Members of Two Houses in 
Joint Meeting.
At such joint meeting of the two Houses seats shall be provided as 
follows: For the President of the Senate the Speaker's chair; for the 
Speaker, immediately upon his left; the Senators, in the body of the 
Hall upon the right of the presiding officer; for the Representatives 
in the body of the Hall not provided for the Senators; for the tellers, 
Secretary of the Senate, and Clerk of the House of Representatives, at 
the Clerk's desk; for the other officers of the two Houses, in front of 
the Clerk's desk and upon each side of the Speaker's platform. Such 
joint meeting shall not be dissolved until the count of electoral votes 
shall be completed and the result declared; and no recess shall be 
taken unless a question shall have arisen in regard to counting any 
such votes, or otherwise under this subchapter, in which case it shall 
be competent for either House, acting separately, in the manner 
hereinbefore provided, to direct a recess of such House not beyond the 
next calendar day, Sunday excepted at the hour of 10'clock in the 
forenoon. But if the counting of the electoral votes and the 
declaration of the result shall not have been completed before the 
fifth calendar day next after such first meeting of the two Houses, no 
further or other recess shall be taken by either House. (June 25, 1948, 
ch. 644, 62 Stat. 676.)

3 U.S.C. Sec. 17. Same; Limit of Debate in Each House.
When the two Houses separate to decide upon an objection that may have 
been made to the counting of any electoral vote or votes from any 
State, or other question arising in the matter, each Senator and 
Representative may speak to such objection or question five minutes, 
and not more than once; but after such debate shall have lasted two 
hours it shall be the duty of the presiding officer of each House to 
put the main question without further debate. (June 25, 1948, ch. 644, 
62 Stat. 676.)

3 U.S.C. Sec. 18. Same; Parliamentary Procedure at Joint Meeting.
While the two Houses shall be in meeting as provided in this chapter, 
the President of the Senate shall have power to preserve order; and no 
debate shall be allowed and no question shall be put by the presiding 
officer except to either House on a motion to withdraw. (June 25, 1948, 
ch. 644, 62 Stat. 676; Sept. 3, 1954, ch. 1263, Sec. 368, Stat. 1227.)

3 U.S.C Sec. 19. Vacancy in Offices of Both President and Vice 
President; Officers Eligible to Act.
(a)(1) If, by reason of death, resignation, removal from office, 
inability, or failure to qualify, there is neither a President nor Vice 
President to discharge the powers and duties of the Office of 
President, then the Speaker of the House of Representatives shall, upon 
his resignation as Speaker and as Representative in Congress, act as 
President.
(2) The same rule shall apply in the case of death, resignation, 
removal from office, or inability of an individual acting as President 
under this subsection.

(b) If, at the time when under subsection (a) of this section a Speaker 
is to begin the discharge of the powers and duties of the office of 
President, there is no Speaker, or the Speaker fails to qualify as 
Acting President, then the President pro tempore of the Senate shall, 
upon his resignation as President pro tempore and as Senator, act as 
President.

(c) An individual acting as President under subsection (a) or 
subsection (b) of this section shall continue to act until the 
expiration of the then current Presidential term, except that--
(1) if his discharge of the powers and duties of the office is founded 
in whole or in part on the failure of both the President-elect and the 
Vice President-elect to qualify, then he shall act only until a 
President or Vice President qualifies; and
(2) if his discharge of the powers and duties of the office is founded 
in whole or in part on the inability of the President or Vice 
President, then he shall act only until the removal of the disability 
of one of such individuals.

(d)(1) If, by reason of death, resignation, removal from office, 
inability, or failure to qualify, there is no President pro tempore to 
act as President under subsection (b) of this section, then the officer 
of the United States who is highest on the following list, and who is 
not under disability to discharge the powers and duties of the office 
of President shall act as President: Secretary of State, Secretary of 
the Treasury, Secretary of Defense, Attorney General, Secretary of the 
Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of 
Labor, Secretary of Health and Human Services, Secretary of Housing and 
Urban Development, Secretary of Transportation, Secretary of Energy, 
Secretary of Education, Secretary of Veterans' Affairs.
(2) An individual acting as President under this subsection shall 
continue to do so until the expiration of the then current Presidential 
term, but not after a qualified and prior-entitled individual is able 
to act, except that the removal of the disability of an individual 
higher on the list contained in paragraph (1) of this subsection or the 
ability to qualify on the part of an individual higher on such list 
shall not terminate his service.
(3) The taking of the oath of office by an individual specified in the 
list in paragraph (1) of this subsection shall be held to constitute 
his resignation from the office by virtue of the holding of which he 
qualifies to act as President.

(e) Subsections (a), (b), and (d) of this section shall apply only to 
such officers as are eligible to the office of President under the 
Constitution. Subsection (d) of this section shall apply only to 
officers appointed, by and with the advice and consent of the Senate, 
prior to the time of the death, resignation, removal from office, 
inability, or failure to qualify, of the President pro tempore, and 
only to officers not under impeachment by the House of Representatives 
at the time the powers and duties of the office of President devolve 
upon them.

(f) During the period that any individual acts as President under this 
section, his compensation shall be at the rate then provided by law in 
the case of the President. (June 25, 1948, ch. 644, 62 Stat. 677; as 
amended Sept. 9, 1965, Pub.L. 89-174, Sec. 6(a), 79 Stat. 669; Oct. 15, 
1966, Pub.L. 89-670, Sec. 10(a), 80 Stat. 948; Aug. 12, 1970, Pub.L. 
91-375, Sec. 6(b), 84 Stat. 775; Oct. 17, 1979, Pub.L. 96-88, title V, 
Sec. 508(a), 93 Stat. 692.)

3 U.S.C. Sec. 20. Resignation or Refusal of Office.
The only evidence of a refusal to accept, or of a resignation of the 
office of President or Vice President, shall be an instrument in 
writing, declaring the same, and subscribed by the person refusing to 
accept or resigning, as the case may be, and delivered into the office 
of the Secretary of State. (June 25, 1948, ch. 644, 62 Stat. 678.)

3 U.S.C. Sec. 21. Definitions.
As used in this chapter the term--
(a) ``State'' includes the District of Columbia.
(b) ``executives of each State'' includes the Board of Commissioners of 
the District of Columbia.
(Added Pub.L. 87-389, Sec. 2(a), Oct. 4, 1961, 75 Stat. 820.)
C. Voting Rights Act Amendments of 1970--Residence Requirements (Title 
42, United States Code)

CHAPTER 20.--ELECTIVE FRANCHISE

In 1970 Congress enacted the Voting Rights Act Amendments of 1970 
(Pub.L. 91-285, 84 Stat. 314), which provided in title II, section 202 
for the abolition of durational residency requirements for voting in 
presidential elections and required the States to provide for absentee 
registration and voting in presidential elections:

42 U.S.C Sec. 1973aa-1. Residence Requirements for Voting.
(a) Congressional findings.
The Congress hereby finds that the imposition and application of the 
durational residency requirement as a precondition to voting for the 
offices of President and Vice President, and the lack of sufficient 
opportunities for absentee registration and absentee balloting in 
presidential elections--
(1) denies or abridges the inherent constitutional right of citizens to 
vote for their President and Vice President;
(2) denies or abridges the inherent constitutional right of citizens to 
enjoy their free movement across State lines;
(3) denies or abridges the privileges and immunities guaranteed to the 
citizens of each State under article IV, section 2, clause 1, of the 
Constitution;
(4) in some instances has the impermissible purpose or effect of 
denying citizens the right to vote for such officers because of the way 
they may vote;
(5) has the effect of denying to citizens the equality of civil rights, 
and due process and equal protection of the law that are guaranteed to 
them under the fourteenth amendment; and
(6) does not bear a reasonable relationship to any compelling State 
interest in the conduct of presidential elections.

(b) Congressional declaration: durational residency requirement, 
abolishment; absentee registration and balloting standards, 
establishment.
Upon the basis of these findings, Congress declares that in order to 
secure and protect the above-stated rights of citizens under the 
Constitution, to enable citizens to better obtain the enjoyment of such 
rights, and to enforce the guarantees of the fourteenth amendment, it 
is necessary (1) to completely abolish the durational residency 
requirement as a precondition to voting for President and Vice 
President, and (2) to establish nationwide, uniform standards relative 
to absentee registration and absentee balloting in presidential 
elections.

(c) Prohibition of denial of rights to vote because of durational 
residency requirement or absentee balloting.
No citizen of the United States who is otherwise qualified to vote in 
any election for President and Vice President shall be denied the right 
to vote for electors for President and Vice President, or for President 
and Vice President, in such election because of the failure of such 
citizen to comply with any durational residency requirement of such 
State or political subdivision; nor shall any citizen of the United 
States be denied the right to vote for electors for President and Vice 
President, or for President and Vice President, in such election 
because of the failure of such citizen to be physically present in such 
State or political subdivision at the time of such election, if such 
citizen shall have complied with the requirements prescribed by the law 
of such State or political subdivision providing for the casting of 
absentee ballots in such election.

(d) Registration: time for application; absentee balloting; time of 
application and return of ballots.
For the purposes of this section, each State shall provide by law for 
the registration or other means of qualification of all duly qualified 
residents of such State who apply, not later than thirty days 
immediately prior to any presidential election, for registration or 
qualification to vote for the choice of electors for President and Vice 
President in such election; and each State shall provide by law for the 
casting of absentee ballots for the choice of electors for President 
and Vice President, or for President and Vice President, by all duly 
qualified residents of such State who may be absent from their election 
district or unit in such State on the day such election is held and who 
have applied therefor not later than seven days immediately prior to 
such election and have returned such ballots to the appropriate 
election official of such State not later than the time of closing of 
the polls in such State on the day of such election.

(e) Change of residence; voting in person or by absentee ballot in 
State of prior residence.
If any citizen of the United States who is otherwise qualified to vote 
in any State or political subdivision in any election for President and 
Vice President has begun residence in such State or political 
subdivision after the thirtieth day next preceding such election and, 
for that reason, does not satisfy the registration requirements of such 
State or political subdivision he shall be allowed to vote for the 
choice of electors for President and Vice President, or for President 
and Vice President, in such election, (1) in person in the State or 
political subdivision in which he resided immediately prior to his 
removal if he had satisfied, as of the date of his change of residence, 
the requirements to vote in that State or political subdivision, or (2) 
by absentee ballot in the State or political subdivision in which he 
resided immediately prior to his removal if he satisfies, but his 
nonresident status and the reason for his absence, the requirements for 
absentee voting in that State or political subdivision.

(f) Absentee registration requirement.
No citizen of the United States who is otherwise qualified to vote by 
absentee ballot in any State or political subdivision in any election 
for President and Vice President shall be  denied the right to vote for 
the choice of electors for President and Vice President, or for 
President and Vice President, in such election because of any 
requirement of registration that does not include a provision for 
absentee registration.

(g) State or local adoption of less restrictive voting practices.
Nothing in this section shall prevent any State or political 
subdivision from adopting less restrictive voting practices than those 
that are prescribed herein.

(h) Definition of ``State''.
The term ``State'' as used in this section includes each of the several 
States and the District of Columbia.

(i) False registration, and other fraudulent acts and conspiracies: 
application of penalty for false information in registering or voting.
The provisions of section 1973i(c) of this title shall apply to false 
registration, and other fraudulent acts and conspiracies, committed 
under this section.
(Pub.L. 89-110, title II, Sec. 202, as added Pub.L. 91-285, Sec. 6, 
June 22, 1970, 84 Stat. 316.)
D. Campaign Financing, Reporting and Disclosure (Title 2, United States 
Code)

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 purposes 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 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 
section 441b(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 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 
to 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 any 
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 or 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 exeed $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 station, 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 or 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, 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;
(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 designated 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 part: 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 agent 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, as 
amended by Pub.L. 93-443, title II, Sec. Sec. 201(a), 208(c)(1), Oct. 
15, 1974, 88 Stat. 1272-75, 1286; Pub.L. 94-283, title I, 
Sec. Sec. 102, 115(d), 115(h), May 11, 1976, 90 Stat. 478, 495, 496, 
and amended by Pub.L. 96-187, title I, Sec. 101, Jan. 8, 1980, 93 Stat. 
1339-45.)

2 U.S.C. Sec. 432. Organization of Political Committees.
(a) Treasurer; vacancy; official authorizations.
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.

(b) Account of contributions; segregated funds.
(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.

(c) Recordkeeping.
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 make 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.

(d) Preservation of records and copies of reports.
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 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.

(e) Principal and additional campaign committees; designations, status 
of candidate, authorized committees, etc.
(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 441b(b) shall include the name of its connected organization.

(f) Filing with and receipt of designations, statements, and reports by 
principal campaign committees.
(1) Notwithstanding any other provision of this Act, each designation, 
statement, or report of receipts of 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.

(g) 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.
(1) Designations, statements, and reports required to be filed under 
this Act by a candidate for the office of Senator by the principal 
campaign committee of such candidate, and by the Republican and 
Democratic Senatorial Campaign Committees 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.

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

(i) Reports and records, compliance with requirements based on best 
efforts.
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, as 
amended by Pub.L. 93-443, title II, Sec. Sec. 202, 208(c)(2), Oct. 15, 
1974, 88 Stat. 1275-76, 1286, and amended by Pub.L. 94-283, title I, 
Sec. 103, May 11, 1976, 90 Stat. 480, and amended by Pub.L. 96-187, 
title I, Sec. 102, Jan. 8, 1980, 93 Stat. 1345-47; Pub.L. 104-79, 
Sec. Sec. 1(b), 3(a), Dec. 28, 1995, 109 Stat. 791, 792; Pub.L. 105-61, 
Title VI, Sec. 637, Oct. 10, 1997, 111 Stat. 1316.)

2 U.S.C. Sec. 433. Registration of Political Committees.
(a) Statements of organizations.
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).

(b) Contents of statements.
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.

(c) Change of information in statements.
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.

(d) Termination, etc., requirements of authorities.
(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 the 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, as 
amended by Pub.L. 93-443, title II, Sec. Sec. 203, 208(c)(3), Oct. 15, 
1974, 88 Stat. 1276, 1286, and amended by Pub.L. 96-187, title I, 
Sec. 103, Jan. 8, 1980, 93 Stat. 1347-48.)

2 U.S.C. Sec. 434. Reporting Requirements.
(a) Receipts and disbursements by treasurers of political committees; 
filing requirements.
(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 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;
(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 requirement 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 provided 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, with respect 
to the Commission, a report, designation, or statement required by this 
Act to be filed with the Commission.

(b) Contents of reports.
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 
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 or 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 each 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 disbursement; 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 is 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 is in support of, or in opposition to, a 
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.

(c) Statements by other than political committees; filing, contents; 
indices of expenditures.
(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 
subsection (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. 93-443, 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 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. This provision 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, was repealed by Pub.L. 
94-283, title I, Sec. 105, May 11, 1976, 90 Stat. 481.

2 U.S.C. Sec. 437b. Campaign Depositories, 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.
(a) Establishment; membership; term of office; vacancies' 
qualifications; compensation; chairman and vice chairman.
(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 a single term of 6 
years, except that 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 compenstation 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.

(b) Administration, enforcement, and formulation of policy; exclusive 
jurisdiction of civil enforcement; Congressional authorities or 
functions with respect to elections for Federal office.
(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.

(c) Voting requirements; delegation of authorities.
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.

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

(e) Rules for conduct of activities; judicial notice of seal; principal 
office.
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).

(f) 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.
(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, United States Code, 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, United States Code, 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, United 
States Code, 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. 1354-56, 1366; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 
Stat. 2095; Pub.L. 105-61, Title V, Sec. 512(a), Oct. 10, 1997, 111 
Stat. 1305.)

2 U.S.C. Sec. 437d. Powers of Commission.
(a) Specific authorities.
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 subpoena, 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, United 
States Code, 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.

(b) Judicial orders for compliance with subpenas and orders of 
Commission; contempt of court.
Upon petition by the Commission, any United States district court 
within the juridiction 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.

(c) Civil liability for disclosure of information.
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.

(d) Concurrent transmissions to Congress or member of budget estimates, 
etc.; prior submission of legislative recommendations, testimony, or 
comments on legislation.
(1) Whenever the Commission submits any budget estimate or request to 
the President or the Office of Managment and Budget, it shall 
concurrently transmit a copy of such estimate or request to the 
Congress.
(2) Whenever the Commission submits any legislation 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.

(e) Exclusive civil remedy for enforcement.
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, 1356-57 Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 
100 Stat. 2095.)

2 U.S.C. Sec. 437e. Report, 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 Opinion.
(a) Requests by persons, candidates, or authorized committees; subject 
matter; time for response.
(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.

(b) Procedures applicable to initial proposal of rules or regulations, 
and advisory opinions.
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 an advisory nature may be issued by 
the Commission or any of its employees except in accordance with the 
provisions of this section.

(c) Persons entitled to rely upon opinions; scope of protection for 
good faith reliance.
(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.

(d) Requests made public; submission of written comments by interested 
public.
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 II, 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, 93 Stat. 1354, 
1357-58, Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

2 U.S.C. Sec. 437g. Enforcement.
(a) Administrative and judicial practice and procedure.
(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, United States Code. 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 of 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 violation. 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, 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, 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 Commissioin 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.

(b) Notice to persons not filing reports prior to institution of 
enforcement action; publication of identity of persons and unfiled 
reports.
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.

(c) Reports by Attorney General of apparent violation.
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.

(d) Penalties; defenses; mitigation of offenses.
(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), 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) 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) 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; Pub.L. 98-620, Title IV, Sec. 402(1)(A), Nov. 8, 1984, 98 
Stat. 3357; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.

2 U.S.C. Sec. 437h. Judicial Review.
Actions, including declaratory judgments, for construction of 
constitutional questions; eligible plaintiffs; certification of such 
questions to courts of appeal sitting en banc.
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.

Appeal to Supreme Court; time for appeal.
Notwithstanding any other provision of law, any decision on matter 
certified under subsection (a) of this section shall be reviewable by 
appeal directly to the Supreme Court of the United States. Such appeal 
shall be brought no later than 20 days after the decision of the court 
of appeals.
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; amended and renumbered by 
Pub.L. 96-187, Sec. Sec. 105(a)(4), 112(c), Jan. 8, 1980, 93 Stat. 
1354, 1366; Nov. 8, 1984, Pub.L. 98-620, title IV, Subtitle A, 
Sec. 402(1)(B), 98 Stat. 3357, and amended by Pub.L. 100-352, 
Sec. 6(a), June 27, 1988, 102 Stat. 663.)

2 U.S.C. Sec. 438. Administrative Provisions.
(a) Duties of Commission.
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 as 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 a 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.

(b) Audits and field investigations.
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 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.

(c) Statutory provisions applicable to forms and information-gathering 
activities.
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, United States Code.

(d) Rules, regulations, or forms; issuance, procedures applicable, etc.
(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, or 
form or a 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 is not in 
order to move to reconsider the vote by which the motion is agreed to 
or disagreed with.

(e) Scope of protection for good faith reliance upon rules or 
regulations.
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.

(f) Promulgation of rules, regulations, and forms by Commission and 
Internal Revenue Service; report to Congress on cooperative efforts.
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, 1362-64; Pub.L. 99-514, 52, 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.
(a) Appropriate State; defined.
(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.

(b) Duties of State officers.
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.
(c) Waiver; electronic access.
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 electonic 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. 94-443, 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, 1364-65; Pub.L. 104-79, Sec. 2, Dec. 
28, 1995, 109 Stat. 391.)

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. 1289; 
renumbered by Pub.L. 94-283, title I, Sec. 105, May 11, 1976, 90 Stat. 
481; and 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(a), Nov. 30, 1989, 103 
Stat. 1755.)

2 U.S.C. Sec. 439b. Prohibition of Franked Solicitations. This 
provision was repealed by Pub.L. 96-187, title I, Sec. 105(a)(1), Jan. 
8, 1980, 93 Stat. 1354.

2 U.S.C. Sec. 441a. Limitations on Contributions and Expenditures.
(a) Dollar limits on contributions.
(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, direct, 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 patent, 
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 of 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 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 for 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 committees, 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 conduit shall report the 
original source and the intended recipient of such contribution to the 
Commission and to the intended recipient.

(b) Dollar limits on expenditures by candidates for office of President 
of the United States.
(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 that 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.

(c) Increases on limits based on increases in price index.
(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.

(d) Expenditures by national committee, State committee, or subordinate 
committee of State committee in connection with general election 
campaign of candidates for Federal office.
(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 by a national committee of a 
political party serving as the principal 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 (e) 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.

(e) Certification and publication of estimated voting age population.
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 
``voting age population'' means resident population, 18 years of age or 
older.

(f) Prohibited contributions and expenditures.
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.

(g) Attribution of multi-state expenditures to candidate's expenditures 
limitation in each State.
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.

(h) Senatorial candidates.
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, of 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, 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 
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 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 
policy-making 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.
(a) Prohibition.
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.

(b) Separate segregated funds.
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 441b 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 fund under section 441b of 
this title applies to a corporation, labor organization, or separate 
segregated fund to which this subsection applies.

(c) ``Labor organization'' defined.
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 or 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 and 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, an 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. 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. 322, 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 by Pub.L. 102-90, Aug. 14, 1992, 102 Stat. 447.]

2 U.S.C. Sec. 441j. Penalty for Violations. This provision 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.
The Secretary of Transportation, the Federal Communications Commission, 
and the Interstate Commerce Commission shall each promulgate, within 
ninety days after February 7, 1972, its own regulations with respect to 
the extension of credit, without security, by any person regulated by 
such Board or Commission 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.
(Pub.L. 92-225, title IV, Sec. 401, Feb. 7, 1972, 86 Stat. 19; amended 
Pub.L. 93-443, title II, Sec. 201(b)(1), Oct. 15, 1974, 88 Stat. 1275; 
amended Pub.L. 103-272, Sec. 4(a), July 5, 1994, 108 Stat. 1360; 
amended Pub.L. 104-88, Title III, Sec. 313, Dec. 29, 1995, 109 Stat. 
948; amended 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, as 
amended by Pub.L. 93-443, title II, Sec. 201(b)(2), Oct. 15, 1974, 88 
Stat. 1275.)

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 31, 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. This provision was 
repealed by Pub.L. 94-283, title I, Sec. 111, May 11, 1976, 90 Stat. 
486.
E. Financial Disclosure Requirements of Executive
Personnel, Including Candidates for Nomination or
Election to the Office of President or Vice President (Title 5, United 
States Code Appendix)

5 U.S.C. App. 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 that 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 Ethics 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 of 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 subsections (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.
(Oct. 26, 1978, Pub.L. 95-521, title II, Sec. 101; as amended June 13, 
1979, Pub.L. 96-19, Sec. 2 (a)(1), (b), (c)(1), 4 (b)(1), (d)-(f), 5, 
93 Stat. 37, 38, 40; Nov. 30, 1989, Pub.L. 101-194, title I, Sec. 202, 
103 Stat. 1725; May 4, 1990, Pub.L. 101-280, Sec. 3 (1), (2), 104 Stat. 
152; Pub.L. 102-25, title VI, Sec. 605(a), Apr. 6, 1991, 105 Stat. 110; 
Pub.L. 102-398, 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 expenses provided) of 
reimbursements received from any source aggregating more than the 
minimal value as established by section 7342(a)(5) of title 5, United 
States Code, or $250, whichever is greater 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 or 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 other 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. 101 et seq.], the individual shall include in the report--
(i) the identity 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 
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. 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 of 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 to paragraph (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 [5 U.S.C. App. Sec. 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 identify 
of the source and a 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 [5 
U.S.C. App. Sec. 101 (a)-(c)] 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 in 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 or 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;
(ii) 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 respect 
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 term 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 the 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) 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 $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. 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. 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. 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. 301 
et seq.].
(Oct. 26, 1978, 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), Aug. 14, 1991, 105 Stat. 469; 
Pub.L. 104-65, Sec. Sec. 20, 22(a), (b), Dec. 19, 1995, 109 Stat. 704, 
705.)

5 U.S.C. App. 4 Sec. 103. Filing of Reports.
(a) Except as otherwise provided in this section, the reports required 
under this title [5 U.S.C. App. 4 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. 4 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. 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. 4 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. 4 
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. 4 Sec. 101 et seq.].
(e) Each individual identified in section 101(c) [5 U.S.C. App. 4 
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. 4 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. 4 Sec. 101 et seq.].
(h)(1) The reports required under this title [5 U.S.C. App. 4 Sec. 101 
et seq.] 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) [5 U.S.C. App. 4 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. 4 Sec. 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(e) [5 U.S.C. App. 4 Sec. 101(2)], in any 
office or position referred to in this subclause), or an individual 
described in section 101(c) [5 U.S.C. App. 4 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. 4 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. 4 Sec. 101(f) (11), (12)] (including individuals 
terminating service in such office or position under section 101(e) [5 
U.S.C. App. 4 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. 4 
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 30-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. 4 
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. 4 
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. 4 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.
(Oct. 26, 1978, 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), Aug. 14, 1991, 105 Stat. 469; Pub.L. 104-186, 
Title II, Sec. 216(1), Aug. 20, 1996, 110 Stat. 1747.)

5 U.S.C. App. 4 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. 4 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. 4 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. 4 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. 4 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.
(Oct. 26, 1978, 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. 4 Sec. 105. Custody 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 [5 
U.S.C. App. 4 Sec. 101 et seq.] 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, 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 [by] 
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) [5 
U.S.C. App. 4  Sec. 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. 4 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. 4 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 
of 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.
(3)(A) This section does not require the immediate and unconditional 
availability of reports filed by an individual described in section 
109(8) or 109(10) of this Act [sections 109(8) or 109(10) of Appendix 4 
of this title] if a finding is made by the Judicial Conference, in 
consultation with United States Marshall Service, that revealing 
personal and sensitive information could endanger that individual.
(B) A report may be redacted pursuant to this paragraph only--
(i) to the extent necessary to protect the individual who filed the 
report; and
(ii) for as long as the danger to such individual exists.
(C) The Administrative Office of the United States Courts shall submit 
to the Committees on the Judiciary of the House of Representatives and 
of the Senate an annual report with respect to the operation of this 
paragraph including--
(i) the total number of reports redacted pursuant to this paragraph;
(ii) the total number of individuals whose reports have been redacted 
pursuant to this paragraph; and
(iii) the types of threats against individuals whose reports are 
redacted, if appropriate.
(D) The Judicial Conference, in consultation with the Department of 
Justice, shall issue regulations setting forth the circumstances under 
which redaction is appropriate under this paragraph and the procedures 
for redaction.
(E) This paragraph shall expire on December 31, 2001, and apply to 
filings through calendar year 2001.
(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. 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.
(Oct. 26, 1978, 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), Aug. 14, 1991, 105 Stat. 469; Pub. L. 103-359, title V, 
Sec. 501(m), Oct. 14, 1994, 108 Stat. 3430; Pub. L. 104-201, div. A, 
title XI, Sec. 1122(b)(2), Sept. 23, 1996, 110 Stat. 2687; Pub. L. 105-
318, Sec. 7, Oct. 30, 1998, 112 Stat. 3011.)

5 U.S.C. App. 4 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. 4 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. 4 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. 4 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 the 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. 4 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. 4 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. 4 
Sec. 101 et seq.].
(Oct. 26, 1978, 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. 4 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. 4 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. 4 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. 4 Sec. 101 et seq.]. Subsections (a), (b), and (d) 
of section 105 [5 U.S.C. App. 4 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. 4 Sec. 101 et seq.] from such requirement.
(b) The provisions of this title [5 U.S.C. App. 4 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. 4 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.
(Oct. 26, 1978, 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. 4 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. 4 Sec. 101 et seq.] for 
the purpose 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.
(Oct. 26, 1978, 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. 4 Sec. 109. Definitions.
For the purposes of this title [5 U.S.C. App. 4 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 umarried 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. 4 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 Appeals for 
Veterans Claims, 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, Court of Federal Claims, Court of 
Appeals for Veterans Claims, 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 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. 4 Sec. 103(h)1;
(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. 4 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. 4 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 that 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).
(Oct. 26, 1978, 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. 4 Sec. 111. Administration of Provisions.
The provisions of this title [5 U.S.C. App. 4 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. 4 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. 
4 Sec. 101(f) (11), (12)]. The Judicial Conference may delegate any 
authority it has under this title [5 U.S.C. App. 4 Sec. 101 et seq.] to 
an ethics committee established by the Judicial Conference.
(Oct. 26, 1978, 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.)
F. Political Activities: Federal Employees (Title 5, United States 
Code; Including Selected Provisions of the Hatch Act)

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. (Added Pub.L. 103-94, Sec. 2(a), 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. (Added Pub.L. 103-94, Sec. 2(a), 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 or 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;
(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. (Added Pub.L. 103-94, 
Sec. 2(a), Oct. 6, 1993, 107 Stat. 1002, and amended 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. (Added Pub.L. 103-94, Sec. 2(a), 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. (Added Pub.L. 103-94, Sec. 2(a), 
Oct. 6, 1993, 107 Stat. 1004, and amended 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 System 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. (Added Pub.L. 103-94, Sec. 2(a), 
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.)
G. 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; Pub.L. 93-443, title IV, 
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; 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; 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; Pub.L. 95-454, title IX, 
Sec. 906(a)(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 Systems 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. 89-544, Sept. 6, 1966, 80 Stat. 405; 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; 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; 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 the 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; Pub.L. 95-454, title IX, 
Sec. 906(a)(6), Oct. 13, 1978, 92 Stat. 1225.)
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; 
shall be subject to the penalties set forth in section 216 of this 
title.
(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, or 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
(3) 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 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 of perjury.
(Added Pub.L. 87-849, 1(a), Oct. 23, 1962, 76 Stat. 1121; as 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 thing 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. 645, 62 Stat. 694; Sec. 210, formerly Sec. 214, 
renumbered Oct. 23, 1962, Pub.L. 87-849, Sec. 1(b), 76 Stat. 1125; as 
amended 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 any thing 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; as amended Sept. 13, 
1994, Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat. 2147.)

CHAPTER 29--ELECTIONS AND POLITICAL ACTIVITIES

18 U.S.C. Sec. 591 [Definitions.] Repealed.
[18 U.S.C. 3591, based on acts June 25 1948, ch. 645, 62 Stat. 719; May 
24, 1949, ch. 139, Sec. 9, 63 Stat. 90; Sept. 22, 1970, Pub.L. 91-405, 
Title II, Sec. 204(d)(4), 84 Stat. 853; Feb. 7, 1972, Pub.L. 92-225, 
Title II, Sec. 201, 86 Stat. 8; Oct. 15, 1974, Pub.L. 93-443, Title I, 
Sec. Sec. 101(f)(2), 102, 88 Stat. 1268, 1269; May 11, 1976, Pub.L. 94-
283, Title I, Sec. 115(g), Title II, Sec. 202, 90 Stat. 496, 497, 
defined terms applicable to prohibitions respecting elections and 
political activities, was repealed by Pub.L. 96-187, Title II, 
Sec. 201(a)(1), Jan. 8, 1980, 93 Stat. 1367.]

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; as amended 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, 72 Stat. 719; as amended 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 persons for the purpose 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 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; as amended 
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, ch. 645, 62 Stat. 720; as amended by Pub.L. 91-405, 
Title II, Sec. 204(d)(6), 84 Stat. 853; as amended 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 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; as amended 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; as amended 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; as amended 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 of 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; as amended 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 by 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 or 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 25, 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; as amended Oct. 2, 1976, Pub.L. 94-453, Sec. 3, 
90 Stat. 1517; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, 
Sec. 330016(1)(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 or 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, 62 Stat. 721; as amended by Pub.L. 94-453, 
Sec. 1, Oct. 2, 1976, 90 Stat. 1516.; as amended Oct. 2, 1976, Pub.L. 
94-453, Sec. 1, 90 Stat. 1516; 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.
(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 contribution 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.
(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; as amended Jan. 8, 
1980, Pub.L. 96-187, Title II, Sec. 201(a)(3), 93 Stat. 1367; Oct. 6, 
1993, Pub.L. 103-94, Sec. 4(a), 107 Stat. 1004; Sept. 13, 1994, Pub.L. 
103-322, Title XXXIII, Sec. 33001(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 service 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 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 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. 655, 
Sec. 20(b), 65 Stat. 718; as amended by Pub.L. 96-187, Title II, 
Sec. 201, Jan. 8, 1980, 93 Stat. 1367; as amended Jan. 8, 1980, Pub.L. 
96-187, Title II, Sec. 201(a)(4), 93 Stat. 1367; Oct. 6, 1993, Pub.L. 
103-94, Sec. 4(b), 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 for 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; as amended 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; as amended 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; as amended 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, ch. 645, 62 Stat. 722; as amended by Pub.L. 96-187, 
Sec. 201, Jan. 8, 1980, 93 Stat. 1367; as amended Jan. 8, 1980, Pub. L. 
96-187, Title II, Sec. 201(a)(5), 93 Stat. 1367; Sept. 13, 1994, Pub.L. 
103-322, Title XXXIII, Sec. 330016(1)(K), 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.)
I. Internal Revenue Code, Political Campaign Debts and Contributions 
(Title 26, United States Code)

26 U.S.C. Sec. 84. Transfer of Appreciated Property to Political 
Organization.
(a) General rule.
If--
(1) any person transfers property to a political organization, and
(2) the fair market value of such property exceeds its adjusted basis,
then for purposes of this chapter the transferor shall be treated as 
having sold such property to the political organization on the date of 
the transfer, and the transferor shall be treated as having realized an 
amount equal to the fair market value of such property on such date.

(b) Basis of property.
In the case of a transfer of property to a political organization to 
which subsection (a) applies, the basis of such property in the hands 
of the political organization shall be the same as it would be in the 
hands of the transferor, increased by the amount of gain recognized to 
the transferor by reason of such transfer.

(c) Political organization defined.
For purposes of this section, the term ``political organization'' has 
the meaning given to such term by section 527(e)(1).
(Added Pub.L. 92-625, Sec. 13(a)(1), Jan. 3, 1975, 88 Stat. 2120.)

26 U.S.C. Sec. 271. Debts Owed by Political Parties, etc.
(a) General rule.
In the case of a taxpayer (other than a bank as defined in section 581) 
no deduction shall be allowed under section 166 (relating to bad debts) 
or under section 165(g) (relating to worthlessness of securities) by 
reason of the worthlessness of any debt owed by a political party.

(b) Definitions.
(1) Political party.--For purposes of subsection (a), the term 
``political party'' means--
(A) a political party;
(B) a national, State, or local committee of a political party; or
(C) a committee, association, or organization which accepts 
contributions or makes expenditures for the purpose of influencing or 
attempting to influence the election of presidential or vice 
presidential electors or of any individual whose name is presented for 
election to any Federal, State, or local elective public office whether 
or not such individual is elected.
(2) Contributions.--For purposes of paragraph (1)(C), the term 
``contributions'' includes a gift, subscription, loan, advance,  or 
deposit of money, or anything of value, and includes a contract, 
promise, or agreement to make a contribution, whether or not legally 
enforceable.
(3) Expenditures.--For purposes of paragraph (1)(C), the term 
``expenditures'' includes a payment, distribution, loan, advance, 
deposit, or gift of money, or anything of value, and includes a 
contract promise or agreement to make an expenditure, whether or not 
legally enforceable.

(c) Exception.
In the case of a taxpayer who uses an accrual method of accounting, 
subsection (a) shall not apply to a debt which accrued as a receivable 
on a bona fide sale of goods or services in the ordinary course of the 
taxpayer's trade or business if--
(1) for the taxable year in which such receivable accrued, more than 30 
percent of all receivables which accrued in the ordinary course of the 
trades and businesses of the taxpayer were due from political parties, 
and
(2) the taxpayer made substantial continuing efforts to collect on the 
debt.
(Aug. 16, 1954, ch. 736, 68A Stat. 82 as amended Oct. 4, 1976, Pub.L. 
94-455, Title XXI, Sec. 2104(a), 90 Stat. 1901.)

26 U.S.C. Sec. 276. Certain Indirect Contributions to Political 
Parties.
(a) Disallowance of Deduction.
No deduction otherwise allowable under this chapter shall be allowed 
for any amount paid or incurred for--
(1) advertising in a convention program of a political party, or in any 
other publication if any part of the proceeds of such publication 
directly or indirectly inures (or is intended to inure) to or for the 
use of a political party or a political candidate;
(2) admission to any dinner or program, if any part of the proceeds of 
such dinner or program directly or indirectly inures (or is intended to 
inure) to or for the use of a political party or a political candidate; 
or
(3) admission to an inaugural ball, inaugural gala, inaugural parade, 
or inaugural concert, or to any similar event which is identified with 
a political party or a political candidate.

(b) Definitions.
For purposes of this section--
(1) Political party.--The term ``political party'' means--
(A) a political party;
(B) a National, State, or local committee of a political party; or
(C) a committee, association, or organization, whether incorporated or 
not, which directly or indirectly accepts contributions (as defined in 
section 271(b)(2)) or makes expenditures (as defined in section 
271(b)(3)) for the purpose of influencing or attempting to influence 
the selection, nomination, or election of any individual to any 
Federal, State, or local elective public office, or the election of 
presidential and vice-presidential electors, whether or not such 
individual or electors are selected, nominated, or elected.
(2) Proceeds inuring to or for the use of political candidates.--
Proceeds shall be treated as inuring to or for the use of a political 
candidate only if--
(A) such proceeds may be used directly or indirectly for the purpose of 
furthering his candidacy for selection, nomination, or election to any 
elective public office, and
(B) such proceeds are not received by such candidate in the ordinary 
course of a trade or business (other than the trade or business of 
holding elective public office).

(c) Cross reference.
For disallowance of certain entertainment, etc., expenses, see section 
274.
(Added Pub.L. 89-368, Title III, Sec. 301(a), Mar. 15, 1966, 80 Stat. 
66; and amended Pub.L. 90-364, Title I, Sec. 108(a), June 28, 1968, 82 
Stat. 269; as amended by Pub.L. 93-443, Sec. 406(d), Oct. 15, 1974, 88 
Stat. 1296.)

26 U.S.C. Sec. 527. Political Organizations.
(a) General rule.
A political organization shall be subject to taxation under this 
subtitle only to the extent provided in this section. A political 
organization shall be considered an organization exempt from income 
taxes for the purpose of any law which refers to organizations exempt 
from income taxes.

(b) Tax imposed.
(1) In general.--Tax is hereby imposed for each taxable year on the 
political organization taxable income of every political organization. 
Such tax shall be computed by multiplying the political organization 
taxable income by the highest rate of tax specified in section 11(b).
(2) Alternative tax in case of capital gains.--If for any taxable year 
any political organization has a net capital gain, then, in lieu of the 
tax imposed by paragraph (1), there is hereby imposed a tax (if such a 
tax is less than the tax imposed by paragraph (1)) which shall consist 
of the sum of--
(A) a partial tax, computed as provided by paragraph (1), on the 
political organization taxable income determined by reducing such 
income by the amount of such gain, and
(B) an amount determined as provided in section 1201(a) on such gain.

(c) Political organization taxable income defined.
(1) Taxable income defined.--For purposes of this section, the 
political organization taxable income of any organization for any 
taxable year is an amount equal to the excess (if any) of--
(A) the gross income for the taxable year (excluding any exempt 
function income), over
(B) the deductions allowed by this chapter which are directly connected 
with the production of the gross income (excluding  exempt function 
income), computed with the modifications provided in paragraph (2).
(2) Modifications.--For purposes of this subsection--
(A) there shall be allowed a specific deduction of $100,
(B) no net operating loss deduction shall be allowed under section 172, 
and
(C) no deduction shall be allowed under part VIII of subchapter B 
(relating to special deductions for corporations).
(3) Exempt function income.--For purposes of this subsection, the term, 
``exempt function income'' means any amount received as--
(A) a contribution of money or other property,
(B) membership dues, a membership fee or assessment from a member of 
the political organization.
(C) proceeds from a political fundraising or entertainment event, or 
proceeds from the sale of political campaign materials, which are not 
received in the ordinary course of any trade or business, or
(D) proceeds from the conducting of any bingo game (as defined in 
section 513(f)(2)),
to the extent such amount is segregated for use only for the exempt 
function of the political organization.

(d) Certain uses not treated as income to candidates.
For purposes of this title, if any political organization--
(1) contributes any amount to or for the use of any political 
organization which is treated as exempt from tax under subsection (a) 
of this section,
(2) contributes any amount to or for the use of any organization 
described in paragraph (1) or (2) of section 509(a) which is exempt 
from tax under section 501(a), or
(3) deposits any amount in the general fund of the Treasury or in the 
general fund of any State or local government,
such amount shall be treated as an amount not diverted for the personal 
use of the candidate or any other person. No deduction shall be allowed 
under this title for the contribution or deposit of any amount 
described in the preceding sentence.

(e) Other definitions.
For purposes of this section--
(1) Political organization.--The term ``political organization'' means 
a party, committee, association, fund, or other organization (whether 
or not incorporated) organized and operated primarily for the purpose 
of directly or indirectly accepting contributions or making 
expenditures, or both, for an exempt function.
(2) Exempt function.--The term ``exempt function'' means the function 
of influencing or attempting to influence the selection, nomination, 
election, or appointment of any individual to any Federal, State, or 
local public office or office in a political organization, or the 
election of Presidential or Vice-Presidential electors, whether or not 
such individual or electors are selected, nominated, elected, or 
appointed.
(3) Contributions.--The term ``contributions'' has the meaning given to 
such term by section 271(b)(2).
(4) Expenditures.--The term ``expenditures'' has the meaning given to 
such term by section 271(b)(3).

(f) Exempt organization which is not political organization must 
include certain amounts in gross income.
(1) In general. If an organization described in section 501(c) which is 
exempt from tax under section 501(a) expends any amount during the 
taxable year directly (or through another organization) for an exempt 
function (within the meaning of subsection (e)(2)), then, 
notwithstanding any other provision of law, there shall be included in 
the gross income of such organization for the taxable year, and shall 
be subject to tax under subsection (b) as if it constituted political 
organization taxable income, an amount equal to the lesser of--
(A) the net investment income of such organization for the taxable 
year, or
(B) the aggregate amount so expended during the taxable year for such 
an exempt function.
(2) Net investment income.--For purposes of this subsection, the term 
``net investment income'' means the excess of--
(A) the gross amount of income from interest, dividends, rents, and 
royalties, plus the excess (if any) of gains from the sale or exchange 
of assets over the losses from the sale or exchange of assets, over
(B) the deduction allowed by this chapter which are directly connected 
with the production of the income referred to in subparagraph (A).
For purposes of the preceding sentence, there shall not be taken into 
account items taken into account for purposes of the tax imposed by 
section 511 (relating to tax on unrelated business income).
(3) Certain separate segregated funds.--For purposes of this subsection 
and subsection (e)(1), a separate segregated fund (within the meaning 
of section 610 of title 18 or of any similar State statute, or within 
the meaning of any State statute which permits the segregation of dues 
moneys for exempt functions (within the meaning of subsection (e)(2))) 
which is maintained by an organization described in section 501(c) 
which is exempt from tax under section 501(a) shall be treated as a 
separate organization.

(g) Treatment of newsletter funds.
(1) In general.--For purposes of this section, a fund established and 
maintained by an individual who holds, has been elected to, or is a 
candidate (within the meaning of paragraph (3)) for nomination or 
election to, any Federal, State, or local elective public office for 
use by such individual exclusively for the preparation and circulation 
of such individual's newsletter shall, except as provided in paragraph 
(2), be treated as if such fund constituted a political organization.
(2) Additional modifications.--In the case of any fund described in 
paragraph (1)--
(A) the exempt function shall be only the preparation and circulation 
of the newsletter, and
(B) the specific deduction provided by subsection (c)(2)(A) shall not 
be allowed.
(3) Candidate.--For purposes of paragraph (1), the term ``candidate'' 
means, with respect to any Federal, State, or local elective public 
office, an individual who--
(A) publicly announces that he is a candidate for nomination or 
election to such office, and
(B) meets the qualifications prescribed by law to hold such office.

(h) Special rule for principal campaign committees.
(1) In general.--In the case of a political organization, which is a 
principal campaign committee, paragraph (1) of subsection (b) shall be 
applied by substituting ``the appropriate rates'' for ``the highest 
rate''.
(2) Principal campaign committee defined.
(A) In general.--For purposes of this subsection, the term ``principal 
campaign committee'' means the political committee designated by a 
candidate for Congress as his principal campaign committee for purposes 
of--
(i) section 302(e) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 432(e)), and
(ii) this subsection.
(B) Designation.--A candidate may have only 1 designation in effect 
under subparagraph (A)(ii) at any time and such designation--
(i) shall be made at such time and in such manner as the Secretary may 
prescribe by regulations, and
(ii) once made, may be revoked only with the consent of the Secretary.
Nothing in this subsection shall be construed to require any 
designation where there is only one political committee with respect to 
a candidate.
(Added Pub.L. 93-625, Sec. 10(a), Jan. 3, 1975, 88 Stat. 2116, and 
amended Pub.L. 94-455, Title XIX, Sec. 1901(b)(33)(C), Oct. 4, 1976, 90 
Stat. 1801; Pub.L. 95-502, Title III, Sec. 302(a), Oct. 21, 1978, 92 
Stat. 1702; Pub.L. 95-600, Title III, Sec. 301(b)(6), Nov. 6, 1978, 92 
Stat. 2821; Pub.L. 97-34, Title I, Sec. 128(a), Aug. 13, 1981, 95 Stat. 
203; Pub.L. 98-369, Title IV, Sec. 474(r)(16), Title VII, Sec. 722(c) 
July 18, 1984, 98 Stat. 843, 973; Pub.L. 99-514, Title I, 
Sec. 112(b)(1), Oct. 22, 1986, 100 Stat. 2108; Pub.L. 100-647, Title I, 
Sec. 1001(b)(3)(B), Nov. 10, 1988, 102 Stat. 3349.)

26 U.S.C. Sec. 2501. Imposition of Tax.
(a) Taxable transfers.
(1) General rule.--A tax, computed as provided in section 2502, is 
hereby imposed for each calendar year on the transfer of property by 
gift during such calendar year by any individual, resident or 
nonresident.

        * * * * * * *
(5) Transfers to political organizations.--Paragraph (1) shall not 
apply to the transfer of money or other property to a political 
organization (within the meaning of section 527(e)(1)) for the use of 
such organization.
(Added Pub.L. 93-265, Sec. 14(a), Jan. 3, 1975, 88 Stat. 2121, as 
amended Pub.L. 97-34, Title IV, Sec. 442(a)(1), Aug. 13, 1981, 95 Stat. 
320.)

26 U.S.C. Sec. 6012. Persons Required To Make Returns of Income.
(a) General rule.
Returns with respect to income taxes under subTitle A shall be made by 
the following:

        * * * * * * *
(6) Every political organization (within the meaning of section 
527(e)(1)), and every fund treated under section 527(g) as if it 
constituted a political organization, which has political organization 
taxable income (within the meaning of section 527(c)(1)) for the 
taxable year * * *
J. Public Financing of Presidential Elections (Title 26, United States 
Code)

26 U.S.C. Sec. 6096. Designation by Individuals.
(a) In general.
Every individual (other than a nonresident alien) whose income tax 
liability for the taxable year is $3 or more may designate that $3 
shall be paid over to the Presidential Election Campaign Fund in 
accordance with the provisions of section 9006(a). In the case of a 
joint return of husband and wife having an income tax liability of $6 
or more, each spouse may designate that $3 shall be paid to the fund.

(b) Income tax liability.
For purposes of subsection (a), the income tax liability of an 
individual for any taxable year is the amount of the tax imposed by 
chapter 1 on such individual for such taxable year (as shown on his 
return), reduced by the sum of the credits (as shown on his return) 
allowable under part IV of subchapter A of chapter 1 (other than 
subpart C thereof).

(c) Manner and time of designation.
A designation under subsection (a) may be made with respect to any 
taxable year--
(1) at the time of filing the return of the tax imposed by chapter 1 
for such taxable year, or
(2) at any other time (after the time of filing the return of the tax 
imposed by chapter 1 for such taxable year) specified in regulations 
prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary 
prescribes by regulations except that, if such designation is made at 
the time of filing the return of the tax imposed by chapter 1 for such 
taxable year, such designation shall be made either on the first page 
of the return or on the page bearing the taxpayer's signature.
(Added Pub.L. 89-809, Title III, Sec. 302(a), Nov. 13, 1966, 80 Stat. 
1587, and amended Pub.L. 92-178, Title VIII, Sec. 802(a), Dec. 10, 
1971, 85 Stat. 573; Pub.L. 93-53, Sec. 6(a), July 1, 1973, 87 Stat. 
138; Pub.L. 94-12, Title II, Sec. Sec. 203(b)(4), 208(d)(4), Mar. 29, 
1975, 89 Stat. 30, 35; Pub.L. 94-455, Title IV, Sec. 401(a)(2)(C), 
Title V, Sec. 504(c)(2), Title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 
90 Stat. 1555, 1565, 1834; Pub.L. 95-30, Title II, Sec. 202(d)(6), May 
23, 1977, 91 Stat. 151; Pub.L. 95-618, Title I, Sec. 101(b)(4), Nov. 9, 
1978, 92 Stat. 3180; Pub.L. 96-223, Title II, Sec. 231(b) (2), (3)(C), 
Apr. 2, 1980, 94 Stat. 272, 276. As amended Pub.L. 97-34, Title II, 
Sec. 221(c)(1), Title III, Sec. 331(e)(1), Aug. 13, 1981, 95 Stat. 247, 
295; Pub.L. 97-414, Sec. 4(c)(2), Jan. 4, 1982, 96 Stat. 2056; Pub.L. 
98-369, Title IV, Sec. 474(r)(31), July 18, 1984, 98 Stat. 845; Pub.L. 
103-66, Title XIII Sec. 13441(a), Aug. 10, 1993, 107 Stat. 567.)

CHAPTER 95--PRESIDENTIAL ELECTION CAMPAIGN FUND

26 U.S.C. Sec. 9001. Short title.
This chapter may be cited as the ``Presidential Election Campaign Fund 
Act''.
(Added Pub.L. 92-178, Title VIII, Sec. 801, Dec. 10, 1971, 85 Stat. 
563.)

26 U.S.C. Sec. 9002. Definitions.
For purposes of this chapter--
(1) The term ``authorized committee'' means, with respect to the 
candidates of a political party for President and Vice President of the 
United States, any political committee which is authorized in writing 
by such candidates to incur expenses to further the election of such 
candidates. Such authorization shall be addressed to the chairman of 
such political committee, and a copy of such authorization shall be 
filed by such candidates with the Commission. Any withdrawal of any 
authorization shall also be in writing and shall be addressed and filed 
in the same manner as the authorization.
(2) The term ``candidate'' means, with respect to any presidential 
election, an individual who (A) has been nominated for election to the 
office of President of the United States or the office of Vice 
President of the United States by a major party, or (B) has qualified 
to have his name on the election ballot (or to have the names of 
electors pledged to him on the election ballot) as the candidate of a 
political party for election to either such office in 10 or more 
States. For purposes of paragraphs (6) and (7) of this section and 
purposes of section 9004(a)(2), the term ``candidate'' means, with 
respect to any preceding presidential election, an individual who 
received popular votes for the office of President in such election. 
The term ``candidate'' shall not include any individual who has ceased 
actively to seek election to the office of President of the United 
States or to the office of Vice President of the United States, in more 
than one State.
(3) The term ``Commission'' means the Federal Election Commission 
established by section 309(a)(1) of the Federal Election Campaign Act 
of 1971.
(4) The term ``eligible candidates'' means the candidates of a 
political party for President and Vice President of the United States 
who have met all applicable conditions for eligibility to receive 
payments under this chapter set forth in section 9003.
(5) The term ``fund'' means the Presidential Election Campaign Fund 
established by section 9006(a).
(6) The term ``major party'' means, with respect to any presidential 
election, a political party whose candidate for the office of President 
in the preceding presidential election received, as the candidate of 
such party, 25 percent or more of the total number of popular votes 
received by all candidates for such office.
(7) The term ``minor party'' means, with respect to any presidential 
election, a political party whose candidate for the office of President 
in the preceding presidential election received, as the candidate of 
such party, 5 percent or more but  less than 25 percent of the total 
number of popular votes received by all candidates for such office.
(8) The term ``new party'' means, with respect to any presidential 
election, a political party which is neither a major party nor a minor 
party.
(9) The term ``political committee'' means any committee, association, 
or organization (whether or not incorporated) which accepts 
contributions or makes expenditures for the purpose of influencing, or 
attempting to influence, the nomination or election of one or more 
individuals to Federal, State, or local elective public office.
(10) The term ``presidential election'' means the election of 
presidential and vice-presidential electors.
(11) The term ``qualified campaign expense'' means an expense--
(A) incurred (i) by the candidate of a political party for the office 
of President to further his election to such office or to further the 
election of the candidate of such political party for the office of 
Vice President, or both, (ii) by the candidate of a political party for 
office of Vice President to further his election to such office or to 
further the election of the candidate of such political party for the 
office of President, or both, or (iii) by an authorized committee of 
the candidates of a political party for the offices of President and 
Vice President to further the election of either or both of such 
candidates to such offices,
(B) incurred within the expenditure report period (as defined in 
paragraph (12)), or incurred before the beginning of such period to the 
extent such expense is for property, services, or facilities used 
during such period, and
(C) neither the incurring nor payment of which constitutes a violation 
of any law of the United States or of the State in which such expense 
is incurred or paid.
An expense shall be considered as incurred by a candidate or an 
authorized committee if it is incurred by a person authorized by such 
candidate or such committee, as the case may be, to incur such expense 
on behalf of such candidate or such committee. If an authorized 
committee of the candidates of a political party for President and Vice 
President of the United States also incurs expenses to further the 
election of one or more other individuals to Federal, State, or local 
elective public office, expenses incurred by such committee which are 
not specifically to further the election of such other individual or 
individuals shall be considered as incurred to further the election of 
such candidates for President and Vice President in such proportion as 
the Commission prescribes by rules or regulations.
(12) The term ``expenditure report period'' with respect to any 
presidential election means--
(A) in the case of a major party, the period beginning with the first 
day of September before the election, or, if earlier, with the date on 
which such major party at its national convention nominated its 
candidate for election to the office of President of the United States, 
and ending 30 days after the date of the presidential election; and
(B) in the case of a party which is not a major party, the same period 
as the expenditure report period of the major party which has the 
shortest expenditure report period for such presidential election under 
subparagraph (A).
(Added Pub.L. 92-178, Title VIII, Sec. 801, Dec. 10, 1971, 85 Stat. 
563, and amended Pub.L. 93-443, Title IV, Sec. 404(c)(1)-(3), Oct. 15, 
1974, 88 Stat. 1292; Pub.L. 94-283, Title I, Sec. 115(c)(1), Title III, 
Sec. 306(a)(1), May 11, 1976, 90 Stat. 495, 499.)

26 U.S.C. Sec. 9003. Condition for Eligibility for Payments.
(a) In general.
In order to be eligible to receive any payments under section 9006, the 
candidates of a political party in a presidential election shall, in 
writing--
(1) agree to obtain and furnish to the Commission such evidence as it 
may request of the qualified campaign expenses of such candidates,
(2) agree to keep and furnish to the Commission such records, books, 
and other information as it may request, and
(3) agree to an audit and examination by the Commission under section 
9007 and to pay any amounts required to be paid under such section.

(b) Major parties.
In order to be eligible to receive any payments under section 9006, the 
candidates of a major party in a presidential election shall certify to 
the Commission, under penalty or perjury, that--
(1) such candidates and their authorized committees will not incur 
qualified campaign expenses in excess of the aggregate payments to 
which they will be entitled under section 9004, and
(2) no contributions to defray qualified campaign expenses have been or 
will be accepted by such candidates or any of their authorized 
committees except to the extent necessary to make up any deficiency in 
payments received out of the fund on account of the application of 
section 9006(d), and no contributions to defray expenses which would be 
qualified campaign expenses but for subparagraph (C) of section 
9002(11) have been or will be accepted by such candidates or any of 
their authorized committees.
Such certification shall be made within such time prior to the day of 
the presidential election as the Commission shall prescribe by rules or 
regulations.

(c) Minor and new parties.
In order to be eligible to receive any payments under section 9006, the 
candidates of a minor or new party in a presidential election shall 
certify to the Commission, under penalty of perjury, that--
(1) such candidates and their authorized committees will not incur 
qualified campaign expenses in excess of the aggregate payments to 
which the eligible candidates of a major party are entitled under 
section 9004, and
(2) such candidates and their authorized committees will accept and 
expend or retain contributions to defray qualified  campaign expenses 
only to the extent that the qualified campaign expenses incurred by 
such candidates and their authorized committees certified to under 
paragraph (1) exceed the aggregate payments received by such candidates 
out of the fund pursuant to section 9006.
Such certification shall be made within such time prior to the day of 
the presidential election as the Commission shall prescribe by rules or 
regulations.

(d) Withdrawal by candidate.
In any case in which an individual ceases to be a candidate as a result 
of the operation of the last sentence of section 9002(2), such 
individual--
(1) shall no longer be eligible to receive any payments under section 
9006, except that such individual shall be eligible to receive payments 
under such section to defray qualified campaign expenses incurred while 
actively seeking election to the office of President of the United 
States or to the office of Vice President of the United States in more 
than one State; and
(2) shall pay to the Secretary, as soon as practicable after the date 
upon which such individual ceases to be a candidate, an amount equal to 
the amount of payments received by such individual under section 9006 
which are not used to defray qualified campaign expenses.
(e) Closed captioning requirement.
No candidate for the office of President or Vice President may receive 
amounts from the Presidential Election Campaign Fund under this chapter 
or chapter 96 unless such candidate has certified that any television 
commercial prepared or distributed by the candidate will be prepared in 
a manner which ensures that the commercial contains or is accompanied 
by closed captioning of the oral content of the commercial to be 
broadcast in line 21 of the vertical blanking interval, or is capable 
of being viewed by deaf and hearing impaired individuals via any 
comparable successor technology to line 21 of the vertical blanking 
interval.
(Added Pub.L. 92-178, Title VIII, Sec. 801, Dec. 10, 1971, 85 Stat. 
564, and amended Pub.L. 93-53, Sec. 6(c), July 1, 1973, 87 Stat. 139; 
Pub.L. 93-443, Title IV, Sec. Sec. 404(c)(4), (5), 405(b), Oct. 15, 
1974, 88 Stat. 1292, 1294; Pub.L. 94-283, Title III, Sec. 306(a)(2), 
May 11, 1976, 90 Stat. 500; Pub.L. 94-455, Title XIX, 
Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub.L. 102-393, Title 
V, Sec. 534(a), Oct. 6, 1992, 106 Stat. 1764.)

26 U.S.C. Sec. 9004. Entitlement of Eligible Candidates to Payments.
(a) In general.
Subject to the provisions of this chapter--
(1) The eligible candidates of each major party in a presidential 
election shall be entitled to equal payments under section 9006 in an 
amount which, in the aggregate, shall not exceed the expenditure 
limitations applicable to such candidates under section 320(b)(1)(B) of 
the Federal Election Campaign Act of 1971.
(2)(A) The eligible candidates of a minor party in a presidential 
election shall be entitled to payments under section 9006 equal in the 
aggregate to an amount which bears the same ratio to the amount under 
paragraph (1) for a major party as the number of popular votes received 
by the candidate for President of the minority party, as such 
candidate, in the preceding presidential election bears to the average 
number of popular votes received by the candidates for President of the 
major parties in the preceding presidential election.
(B) If the candidate of one or more political parties (not including a 
major party) for the office of President was a candidate for such 
office in the preceding presidential election and received 5 percent or 
more but less than 25 percent of the total number of popular votes 
received by all candidates for such office, such candidate and his 
running mate for the office of Vice President, upon compliance with the 
provisions of section 9003 (a) and (c), shall be treated as eligible 
candidates entitled to payments under section 9006 in an amount 
computed as provided in subparagraph (A) by taking into account all the 
popular votes received by such candidate for the office of President in 
the preceding presidential election. If eligible candidates of a minor 
party are entitled to payments under this subparagraph, such 
entitlement shall be reduced by the amount of the entitlement allowed 
under subparagraph (A).
(3) The eligible candidates of a minor party or a new party in a 
presidential election whose candidate for President in such election 
receives, as such candidate, 5 percent or more of the total number of 
popular votes cast for the office of President in such election shall 
be entitled to payments under section 9006 equal in the aggregate to an 
amount which bears the same ratio to the amount allowed under paragraph 
(1) for a major party as the number of popular votes received by such 
candidate in such election bears to the average number of popular votes 
received in such election by the candidates for President of the major 
parties. In the case of eligible candidates entitled to payments under 
paragraph (2), the amount allowable under this paragraph shall be 
limited to the amount, if any, by which the entitlement under the 
preceding sentence exceeds the amount of the entitlement under 
paragraph (2).

(b) Limitations.
The aggregate payments to which the eligible candidates of a political 
party shall be entitled under subsections (a)(2) and (3) with respect 
to a presidential election shall not exceed an amount equal to the 
lower of--
(1) the amount of qualified campaign expenses incurred by such eligible 
candidates and their authorized committees, reduced by the amount of 
contributions to defray qualified campaign expenses received and 
expended or retained by such eligible candidates and such committees, 
or
(2) the aggregate payments to which the eligible candidates of a major 
party are entitled under subsection (a)(1), reduced by the amount of 
contributions described in paragraph (1) of this subsection.

(c) Restriction.
The eligible candidates of a political party shall be entitled to 
payments under subsection (a) only--
(1) to defray qualified campaign expenses incurred by such eligible 
candidates or their authorized committees, or
(2) to repay loans the proceeds of which were used to defray such 
qualified campaign expenses, or otherwise to restore funds (other than 
contributions to defray qualified campaign expenses received and 
expended by such candidates or such committees) used to defray such 
qualified campaign expenses.

(d) Expenditures from personal funds.
In order to be eligible to receive any payment under section 9006, the 
candidate of a major, minor, or new party in an election for the office 
of President shall certify to the Commission, under penalty of perjury, 
that such candidate will not knowingly make expenditures from his 
personal funds, or the personal funds of his immediate family, in 
connection with his campaign for election to the office of President in 
excess of, in the aggregate, $50,000. For purposes of this subsection, 
expenditures from personal funds made by a candidate of a major, minor, 
or new party for the office of Vice President shall be considered to be 
expenditures by the candidate of such party for the office of 
President.

(e) Definition of immediate family.
For purposes of subsection (d), the term ``immediate family'' means a 
candidate's spouse, and any child, parent, grandparent, brother, half-
brother, sister, or half-sister of the candidate, and the spouses of 
such persons.
(Added Pub.L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85 Stat. 
565, and amended Pub.L. 93-443, Title IV, Sec. 404 (a), (b), Oct. 15, 
1974, 88 Stat. 1291, 1292; Pub.L. 94-283, Title III, Sec. Sec. 301(a), 
307(d), May 11, 1976, 90 Stat. 497, 501.)

26 U.S.C. Sec. 9005. Certification by Commission.
(a) Initial certifications.
(a) Not later than 10 days after the candidates of a political party 
for President and Vice President of the United States have met all 
applicable conditions for eligibility to receive payments under this 
chapter set forth in section 9003, the Commission shall certify to the 
Secretary of the Treasury for payment to such eligible candidates under 
section 9006 payment in full of amounts to which such candidates are 
entitled under section 9004.

(b) Finality of certifications and determinations.
Initial certifications by the Commission under subsection (a), and all 
determinations made by it under this chapter, shall be final and 
conclusive, except to the extent that they are subject to examination 
and audit by the Commission under section 9007 and judicial review 
under section 9011.
(Added Pub.L. 92-178, Title VIII, Sec. 801, Dec. 10, 1971, 85 Stat. 
566, and amended Pub.L. 93-443, Title IV, Sec. 404(c) (6), (7), 405(a), 
Oct. 15, 1974, 88 Stat. 1,202, 1293; Pub.L. 94-455, Title XIX, 
Sec. 1906(b)(13)(C), Oct. 4, 1976, 90 Stat. 1834.)

26 U.S.C. Sec. 9006. Payments to Eligible Candidates.
(a) Establishment of campaign fund.
There is hereby established on the books of the Treasury of the United 
States a special fund to be known as the ``Presidential Election 
Campaign Fund''. The Secretary of the Treasury shall, from time to 
time, transfer to the fund an amount not in excess of the sum of the 
amounts designated (subsequent to the previous presidential election) 
to the fund by individuals under section 6096. There is appropriated to 
the fund for each fiscal year, out of amounts in the general fund of 
the treasury not otherwise appropriated, an amount equal to the amounts 
so designated during each fiscal year, which shall remain available to 
the fund without fiscal year limitation.

(b) Payments from the fund.
Upon receipt of a certification from the Commission under section 9005 
for payment to the eligible candidates of a political party, the 
Secretary of the Treasury shall pay to such candidates out of the fund 
the amount certified by the Commission. Amounts paid to any such 
candidates shall be under the control of such candidates.

(c) Insufficient amounts in fund.
If at the time of a certification by the Commission under section 9005 
for payment to the eligible candidates of a political party, the 
Secretary determines that the moneys in the fund are not, or may not 
be, sufficient to satisfy the full entitlements of the eligible 
candidates of all political parties, he shall withhold from such 
payment such amount as he determines to be necessary to assure that the 
eligible candidates of each political party will receive their pro rata 
share of their full entitlement. Amounts withheld by reason of the 
preceding sentence shall be paid when the Secretary determines that 
there are sufficient moneys in the fund to pay such amounts, or 
portions thereof, to all eligible candidates from whom amounts have 
been withheld, but, if there are not sufficient moneys in the fund to 
satisfy the full entitlement of the eligible candidates of all 
political parties, the amounts so withheld shall be paid in such manner 
that the eligible candidates of each political party receive their pro 
rata share of their full entitlement. In any case in which the 
Secretary determines that there are insufficient moneys in the fund to 
make payments under subsection (b), section 9008(b)(3), and section 
9037(b), moneys shall not be made available from any other source for 
the purpose of making such payments.
(Added Pub.L. 92-178, Title VIII, Sec. 801, Dec. 10, 1971, 85 Stat. 
567, and amended Pub.L. 93-53, Sec. 6(b), July 1, 1973, 87 Stat. 138; 
Pub.L. 93-443, Title IV, Sec. Sec. 403(a), 404(c)(8), Oct. 15, 1975, 88 
Stat. 1291, 1292; Pub.L. 94-283, Title III, Sec. 302, May 11, 1976, 90 
Stat. 498; Pub.L. 94-455, Title XIX, Sec. 1906(b)(13) (A), (B), Oct. 4, 
1976, 90 Stat. 1834.)

26 U.S.C. Sec. 9007. Examinations and Audits; Repayments.
(a) Examinations and audits.
After each presidential election, the Commission shall conduct a 
thorough examination and audit of the qualified campaign expenses of 
the candidates of each political party for President and Vice 
President.

(b) Repayments.
(1) If the Commission determines that any portion of the payments made 
to the eligible candidates of a political party under section 9006 was 
in excess of the aggregate payments to which candidates were entitled 
under section 9004, it shall  so notify such candidates, and such 
candidates shall pay to the Secretary of the Treasury an amount equal 
to such portion.
(2) If the Commission determines that the eligible candidates of a 
political party and their authorized committees incurred qualified 
campaign expenses in excess of the aggregate payments to which the 
eligible candidates of a major party were entitled under section 9004, 
it shall notify such candidates of the amount of such excess and such 
candidates shall pay to the Secretary of the Treasury an amount equal 
to such amount.
(3) If the Commission determines that the eligible candidates of a 
major party or any authorized committee of such candidates accepted 
contributions (other than contributions to make up deficiencies in 
payments out of the fund on account of the application of section 
9006(c)) to defray qualified campaign expenses (other than qualified 
campaign expenses with respect to which payment is required under 
paragraph (2)), it shall notify such candidates of the amount of the 
contributions so accepted, and such candidates shall pay to the 
Secretary of the Treasury an amount equal to such amount.
(4) If the Commission determines that any amount of any payment made to 
the eligible candidates of a political party under section 9006 was 
used for any purpose other than--
(A) to defray the qualified campaign expenses with respect to which 
such payment was made, or
(B) to repay loans the proceeds of which were used, or otherwise to 
restore funds (other than contributions to defray qualified campaign 
expenses which were received and expended) which were used, to defray 
such qualified campaign expenses, it shall notify such candidates of 
the amount so used, and such candidates shall pay to the Secretary of 
the Treasury an amount equal to such amount.
(5) No payment shall be required from the eligible candidates of a 
political party under this subsection to the extent that such payment, 
when added to other payments required from such candidates under this 
subsection, exceeds the amount of payments received by such candidates 
under section 9006.

(c) Notification.
No notification shall be made by the Commission under subsection (b) 
with respect to a presidential election more than 3 years after the day 
of such election.

(d) Deposit of repayments.
All payments received by the Secretary of the Treasury under subsection 
(b) shall be deposited by him in the general fund of the Treasury.
(Added Pub.L. 92-178, Title VIII, Sec. 801, Dec. 10, 1971, 85 Stat. 
568, and amended Pub.L. 93-53, Sec. 6(c), July 1, 1973, 87 Stat. 139; 
Pub.L. 93-443, Title IV, Sec. 404(c)(9)-(11), Oct. 15, 1974, 88 Stat. 
1292; Pub.L. 94-283, Title III, Sec. 307(e), May 11, 1976, 90 Stat. 
502; Pub.L. 94-455, Title XIX, Sec. 1906(b)(13) (B), (C), Oct. 4, 1976, 
90 Stat. 1834.)

26 U.S.C. Sec. 9008. Payments for Presidential Nominating Conventions.
(a) Establishment of accounts.
The Secretary shall maintain in the fund, in addition to any account 
which he maintains under section 9006(a), a separate account for the 
national committee of each major party and minor party. The Secretary 
shall deposit in each such account an amount equal to the amount which 
each such committee may receive under subsection (b). Such deposits 
shall be drawn from amounts designated by individuals under section 
6096 and shall be made before any transfer is made to any account for 
any eligible candidate under section 9006(a).

(b) Entitlement to payments from the fund.
(1) Major parties.--Subject to the provisions of this section, the 
national committee of a major party shall be entitled to payments under 
paragraph (3), with respect to any presidential nominating convention, 
in amounts which, in the aggregate, shall not exceed $4,000,000.
(2) Minor parties.--Subject to the provisions of this section, the 
national committee of a minor party shall be entitled to payments under 
paragraph (3), with respect to any presidential nominating convention, 
in amounts which, in the aggregate, shall not exceed an amount which 
bears the same ratio to the amount the national committee of a major 
party is entitled to receive under paragraph (1) as the number of 
popular votes received by the candidate for President of the minor 
party, as such candidate, in the preceding presidential election bears 
to the average number of popular votes received by the candidates for 
President of the United States of the major parties in the preceding 
presidential election.
(3) Payments.--Upon receipt of certification from the Commission under 
subsection (g), the Secretary shall make payments from the appropriate 
account maintained under subsection (a) to the national committee of a 
major party or minor party which elects to receive its entitlement 
under this subsection. Such payments shall be available for use by such 
committee in accordance with the provisions of subsection (c).
(4) Limitation.--Payments to the national committee of a major party or 
minor party under this subsection from the account designated for such 
committee shall be limited to the amounts in such account at the time 
of payment.
(5) Adjustment of entitlements.--The entitlements established by this 
subsection shall be adjusted in the same manner as expenditure 
limitations established by section 315(b) and section 315(d) of the 
Federal Election Campaign Act of 1971 are adjusted pursuant to the 
provisions of section 315(c) of such Act.
(c) Use of funds.--No part of any payment made under subsection (b) 
shall be used to defray the expenses of any candidate or delegate who 
is particiating in any presidential nominating convention. Such 
payments shall be used only--
(1) to defray expenses incurred with respect to a presidential 
nominating convention (including the payment of deposits)  by or on 
behalf of the national committee receiving such payments; or
(2) to repay loans the proceeds of which were used to defray such 
expenses, or otherwise to restore funds (other than contributions to 
defray such expenses received by such committee) used to defray such 
expenses.

(d) Limitation of expenditures.
(1) Major parties.--Except as provided by paragraph (3), the national 
committee of a major party may not make expenditures with respect to a 
presidential nominating convention which, in the aggregate, exceed the 
amount of payments to which such committee is entitled under subsection 
(b)(1).
(2) Minor parties.--Except as provided by paragraph (3), the national 
committee of a minor party may not make expenditures with respect to a 
presidential nominating convention which, in the aggregate, exceed the 
amount of the entitlement of the national committee of a major party 
under subsection (b)(1).
(3) Exception.--The Commission may authorize the national committee of 
a major party or minor party to make expenditures which, in the 
aggregate, exceed the limitation established by paragraph (1) or 
paragraph (2) of this subsection. Such authorization shall be based on 
a determination by the Commission that, due to extraordinary and 
unforeseen circumstances, such expenditures are necessary to assure the 
effective operation of the presidential nominating convention by such 
committee.
(4) Provision of legal or accounting services.--For purposes of this 
section, the payment, by any person other than the national committee 
of a political party (unless the person paying for such services is a 
person other than the regular employer of the individual rendering such 
services) of compensation to any individual for legal or accounting 
services rendered to or on behalf of the national committee of a 
political party shall not be treated as an expenditure made by or on 
behalf of such committee with respect to its limitations on 
presidential nominating convention expenses.

(e) Availability of payments.
The national committee of a major party or minor party may receive 
payments under subsection (b)(3) beginning on July 1 of the calendar 
year immediately preceding the calendar year in which a presidential 
nominating convention of the political party involved is held.

(f) Transfer to the fund.
If, after the close of a presidential nominating convention and after 
the national committee of the political party involved has been paid 
the amount which it is entitled to receive under this section, there 
are moneys remaining in the account of such national committee, the 
Secretary shall transfer the moneys so remaining to the fund.

(g) Certification by Commission.
Any major party or minor party may file a statement with the Commission 
in such form and manner and at such times as it may require, 
designating the national committee of such party. Such statement shall 
include the information required by section 303(b) of the Federal 
Election Campaign Act of 1971, together with such additional 
information as the Commission may require. Upon receipt of a statement 
filed under the preceding sentences, the Commission promptly shall 
verify such statement according to such procedures and criteria as it 
may establish and shall certify to the Secretary for payment in full to 
any such committee of amounts to which such committee may be entitled 
under subsection (b). Such certifications shall be subject to an 
examination and audit which the Commission shall conduct no later than 
December 31 of the calendar year in which the presidential nominating 
convention involved is held.

(h) Repayments.
The Commission shall have the same authority to require repayments from 
the national committee of a major party or a minor party as it has with 
respect to repayments from any eligible candidate under section 
9007(b). The provisions of section 9007(c) and section 9007(d) shall 
apply with respect to any repayment required by the Commission under 
this subsection.
(Added Pub.L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85 Stat. 
569, and amended Pub.L. 93-443, title IV, Sec. 406(a), Oct. 15, 1974, 
88 Stat. 1294; Pub.L. 94-283, title III, Sec. Sec. 303, 307(a), May 11, 
1976, 90 Stat. 498, 501; Pub.L. 96-187, title II, Sec. 202, Jan. 8, 
1980, 93 Stat. 1368; Pub.L. 98-355, Sec. 1(a), (b) July 11, 1984, 98 
Stat. 394.)

26 U.S.C. Sec. 9009. Reports to Congress; Regulations.
(a) Reports.
The Commission shall, as soon as practicable after each presidential 
election, submit a full report to the Senate and House of 
Representatives setting forth--
(1) the qualified campaign expenses (shown in such detail as the 
Commision determines necessary) incurred by the candidates of each 
political party and their authorized committees;
(2) the amounts certified by it under section 9005 for payment to the 
eligible candidates of each political party;
(3) the amount of payments, if any, required from such candidates under 
section 9007, and the reasons for each payment required; and
(4) the expenses incurred by the national committee of a major party or 
minor party with respect to a presidential nominating convention;
(5) the amounts certified by it under section 9008(g) for payment to 
each such committee; and
(6) the amount of payments, if any, required from such committees under 
section 9008(h), and the reasons for each such payment.
Each report submitted pursuant to this section shall be printed as a 
Senate document.

(b) Regulations, etc.
The Commission is authorized to prescribe such rules and regulations in 
accordance with the provisions of subsection (c), to conduct such 
examinations and audits (in addition to the examinations and audits 
required by section 9007(a)), to conduct such investigations, and to 
require the keeping and submission of such books, records, and 
information, as it deems necessary to carry out the functions and 
duties imposed on it by this chapter.

(c) Review of regulations.
(1) The Commission before prescribing any rule or regulation under 
subsection (b), shall transmit a statement with respect to such rule or 
regulation to the Senate and to the House of Representatives, in 
accordance with the provisions of this subsection. Such statement shall 
set forth the proposed rule or regulation and shall contain a detailed 
explanation and justification of such rule or regulation.
(2) If either such House does not, through appropriate action, 
disapprove the proposed rule or regulation set forth in such statement 
no later than 30 legislative days after receipt of such statement, then 
the Commission may prescribe such rule or regulation. Whenever a 
committee of the House of Representatives reports any resolution 
relating to any such 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. And 
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 
to. The Commission may not prescribe any rule or regulation which is 
disapproved by either such House under this paragraph.
(3) For purposes of this subsection, the term ``legislative days'' does 
not include any calendar day on which both Houses of the Congress are 
not in session.
(4) For purposes of this subsection, the term ``rule or regulation'' 
means a provision or series of interrelated provisions stating a single 
separable rule of law.
(Added Pub.L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85 Stat. 
569, and amended Pub.L. 93-443, title IV, Sec. Sec. 404(c) (12), (13), 
406(b)(1), 409, Oct. 15, 1974, 88 Stat. 1292, 1293, 1296, 1303; Pub.L. 
94-283, title III, Sec. 304(a), May 11, 1976, 90 Stat. 498.)

26 U.S.C. Sec. 9010. Participation by Commission in Judicial 
Proceedings.
(a) Appearance by counsel.
The Commission is authorized to appear in and defend against any action 
filed under section 9011, either by attorneys employed in its office or 
by counsel whom it may appoint without regard to the provisions of 
title 5, United States Code, 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.

(b) Recovery of certain payments.
The Commission is authorized through attorneys and counsel described in 
subsection (a) to appear in the district courts of the United States to 
seek recovery of any amounts determined to be payable to the Secretary 
of the Treasury as a result of examination and audit made pursuant to 
section 9007.

(c) Declaratory and injunctive relief.
The Commission is authorized through attorneys and counsel described in 
subsection (a) to petition the courts of the United States for 
declaratory or injunctive relief concerning any civil matter covered by 
the provisions of this subtitle or section 6096. Upon application of 
the Commission, an action brought pursuant to this subsection shall be 
heard and determined by a court of three judges in accordance with the 
provisions of section 2284 of title 28, United States Code, and any 
appeal shall lie to the Supreme Court.

(d) Appeal.
The Commission is authorized on behalf of the United States to appeal 
from, and to petition the Supreme Court for certiorari to review, 
judgments or decrees entered with respect to actions in which it 
appears pursuant to the authority provided in this section.
(Added Pub.L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85 Stat. 
569, and amended Pub.L. 93-443, title IV, Sec. 404(c)(14)-(18), Oct. 
15, 1974, 88 Stat. 1293; Pub.L. 94-455, title XIX, Sec. 1906(b)(13)(C), 
Oct. 4, 1976, 90 Stat. 1834; Pub.L. 98-620, title IV, Sec. 402(28)(E), 
Nov. 8, 1984, 98 Stat. 3359.)

26 U.S.C. Sec. 9011. Judicial Review.
(a) Review of certification, determination, or other action by the 
Commission.
Any certification, determination, or other action by the Commission 
made or taken pursuant to the provisions of this chapter shall be 
subject to review by the United States Court of Appeals for the 
District of Columbia upon petition filed in such Court by any 
interested person. Any petition filed pursuant to this section shall be 
filed within thirty days after the certification, determination, or 
other action by the Commission for which review is sought.

(b) Suits to implement chapter.
(1) The Commission, the national committee of any political party, and 
individuals eligible to vote for President are authorized to institute 
such actions, including actions for declaratory judgment or injunctive 
relief, as may be appropriate to implement or construe any provision of 
this chapter.
(2) The district courts of the United States shall have jurisdiction of 
proceedings instituted pursuant to this subsection and shall exercise 
the same without regard to whether a person asserting rights under 
provisions of this subsection  shall have exhausted any administrative 
or other remedies that may be provided at law. Such proceedings shall 
be heard and determined by a court of three judges in accordance with 
the provisions of section 2284 of title 28, United States Code, and any 
appeal shall lie to the Supreme Court.
(Added Pub.L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85 Stat. 
570, and amended Pub.L. 93-443, title IV, Sec. 404(c)(19)-(21), Oct. 
15, 1974, 88 Stat. 1293; Pub.L. 98-620, title IV, Sec. 402(28)(F), Nov. 
8, 1984, 98 Stat. 3359.)

26 U.S.C. Sec. 9012. Criminal Penalties.
(a) Excess expenses.
(1) It shall be unlawful for an eligible candidate of a political party 
for President and Vice President in a presidential election or any of 
his authorized committees knowingly and willfully to incur qualified 
campaign expenses in an amount which exceeds the qualified campaign 
expenses in excess of the aggregate payments to which the eligible 
candidates of a major party are entitled under section 9004 with 
respect to such election. It shall be unlawful for the national 
committee of a major party or minor party knowingly and willfully to 
incur expenses with respect to a presidential nominating convention in 
excess of the expenditure limitation applicable with respect to such 
committee under section 9008(d), unless the incurring of such expenses 
is authorized by the Commission under section 9008(d)(3).
(2) Any person who violates paragraph (1) shall be fined not more than 
$5,000, or imprisoned not more than one year or both. In the case of a 
violation by an authorized committee, any officer or member of such 
committee who knowingly and willfully consents to such violation shall 
be fined not more than $5,000, or imprisoned not more than one year, or 
both.

(b) Contributions.
(1) It shall be unlawful for an eligible candidate of a major party in 
a presidential election or any of his authorized committees knowingly 
and willfully to accept any contribution to defray qualified campaign 
expenses, except to the extent necessary to make up any deficiency in 
payments received out of the fund on account of the application of 
section 9006(c), or to defray expenses which would be qualified 
campaign expenses but for subparagraph (C) of section 9002(11).
(2) It shall be unlawful for an eligible candidate of a political party 
(other than a major party) in a presidential election or any of his 
authorized committees knowingly and willfully to accept and expend or 
retain contributions to defray qualified campaign expenses in an amount 
which exceeds the qualified campaign expenses incurred with respect to 
such election by such eligible candidate and his authorized committees.
(3) Any person who violates paragraph (1) or (2) shall be fined not 
more than $5,000, or imprisoned not more than one year, or both. In the 
case of a violation by an authorized committee, any officer or member 
of such committee who knowingly and willfully consents to such 
violation shall be fined not more than $5,000, or imprisoned not more 
than one year, or both.

(c) Unlawful use of payments.
(1) It shall be unlawful for any person who receives any payment under 
section 9006, or to whom any portion of any payment received under such 
section is transferred, knowingly and willfully to use, or authorize 
the use of, such payment or such portion for any purpose other than--
(A) to defray the qualified campaign expenses with respect to which 
such payment was made, or
(B) to repay loans the proceeds of which were used, or otherwise to 
restore funds (other than contributions to defray qualified campaign 
expenses which were received and expended) which were used, to defray 
such qualified campaign expenses.
(2) It shall be unlawful for the national committee of a major party or 
minor party which receives any payment under section 9008(b)(3) to use, 
or authorize the use of, such payment for any purpose other than a 
purpose authorized by section 9008(c).
(3) Any person who violates paragraph (1) shall be fined not more than 
$10,000, or imprisoned not more than five years, or both.

(d) False statements, etc.
(1) It shall be unlawful for any person knowingly and willfully--
(A) to furnish any false, fictitious, or fraudulent evidence, books, or 
information to the Commission under this subtitle, or to include in any 
evidence, books, or information so furnished any misrepresentation of a 
material fact, or to falsify or conceal any evidence, books, or 
information relevant to a certification by the Commission or an 
examination and audit by the Commission under this chapter; or
(B) to fail to furnish to the Commission any records, books, or 
information requested by it for purposes of this chapter.
(2) Any person who violates paragraph (1) shall be fined not more than 
$10,000, or imprisoned not more than five years, or both.

(e) Kickbacks and illegal payments.
(1) it shall be unlawful for any person knowingly and willfully to give 
or accept any kickback or any illegal payment in  connection with any 
qualified campaign expense of eligible candidates or their authorized 
committees. It shall be unlawful for the national committee of a major 
party or minor party knowingly and willfully to give or accept any 
kickback or any illegal payment in connection with any expense incurred 
by such committee with respect to a presidential nominating convention.
(2) Any person who violates paragraph (1) shall be fined not more than 
$10,000, or imprisoned not more than five years, or both.
(3) In addition to the penalty provided by paragraph (2), any person 
who accepts any kickback or illegal payment in connection with any 
qualified campaign expense of eligible candidates or their authorized 
committees, or in connection with any expense incurred by the national 
committee of a major party or minor party with respect to a 
presidential nominating convention shall pay to the Secretary of the 
Treasury, for deposit in the general fund of the Treasury, an amount 
equal to 125 percent of the kickback or payment received.

(f) Unauthorized expenditures and contributions.
(1) Except as provided in paragraph (2), it shall be unlawful for any 
political committee which is not an authorized committee with respect 
to the eligible candidates of a political party for President and Vice 
President in a presidential election knowingly and willfully to incur 
expenditures to further the election of such candidates, which would 
constitute qualified campaign expenses if incurred by an authorized 
committee of such candidates, in an aggregate amount exceeding $1,000.
(2) This subsection shall not apply to (A) expenditures by a 
broadcaster regulated by the Federal Communications Commission, or by a 
periodical publication, in reporting the news or in taking editorial 
positions, or (B) expenditures by any organization described in section 
501(c) which is exempt from tax under section 501(a) in communicating 
to its members the views of that organization.
(3) Any political committee which violates paragraph (1) shall be fined 
not more than $5,000, and any officer or member of such committee who 
knowingly and willfully consents to such violation and any other 
individual who knowingly and willfully violates paragraph (1) shall be 
fined not more than $5,000, or imprisoned not more than one year, or 
both.

(g) Unauthorized disclosure of information.
(1) It shall be unlawful for any individual to disclose any information 
obtained under the provisions of this chapter except as may be required 
by law.
(2) Any person who violates paragraph (1) shall be fined not more than 
$5,000, or imprisoned not more than one year, or both.
(Added Pub.L. 92-178, title VII, Sec. 801, Dec. 10, 1971, 85 Stat. 570, 
and amended Pub.L. 93-53, Sec. 6(c), July 1, 1973, 87 Stat. 139; Pub.L. 
93-443, title IV, Sec. Sec. 404(c)(22), 406(b)(2)-(6), Oct. 15, 1974, 
88 Stat. 1293, 1296; Pub.L. 94-283, title III, Sec. 307(f), May 11, 
1976, 90 Stat. 502; Pub.L. 94-455, title XIX, Sec. 1906(b)(13)(C), Oct. 
4, 1976, 90 Stat. 1834.)

CHAPTER 96--PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

26 U.S.C. Sec. 9031. Short Title.
This chapter may be cited as the ``Presidential Primary Matching 
Payment Account Act''.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat. 
1297.)

26 U.S.C. Sec. 9032. Definitions.
For purposes of this chapter--
(1) The term ``authorized committee'' means, with respect to the 
candidates of a political party for President and Vice President of the 
United States, any political committee which is authorized in writing 
by such candidates to incur expenses to further the election of such 
candidates. Such authorization shall be addressed to the chairman of 
such political committee, and a copy of such authorization shall be 
filed by such candidates with the Commission. Any withdrawal of any 
authorization shall also be in writing and shall be addressed and filed 
in the same manner as the authorization.
(2) The term ``candidate'' means an individual who seeks nomination for 
election to be President of the United States. For purposes of this 
paragraph, an individual shall be considered to seek nomination for 
election if he (A) takes the action necessary under the law of a State 
to qualify himself for nomination for election, (B) receives 
contributions or incurs qualified campaign expenses, or (C) gives his 
consent for any other person to receive contributions or to incur 
qualified campaign expenses on his behalf. The term ``candidate'' shall 
not include any individual who is not actively conducting campaigns in 
more than one State in connection with seeking nomination for election 
to be President of the United States.
(3) The term ``Commission'' means the Federal Election Commission 
established by section 309(a)(1) of the Federal Election Campaign Act 
of 1971.
(4) Except as provided by section 9034(a), the term ``contribution''--
(A) means a gift, subscription, loan, advance, or deposit of money, or 
anything of value, the payment of which was made on or after the 
beginning of the calendar year immediately preceding the calendar year 
of the presidential election with respect to which such gift, 
subscription, loan, advance, or deposit of money, or anything of value, 
is made, for the purpose of influencing the result of a primary 
election,
(B) means a contract, promise, or agreement, whether or not legally 
enforceable, to make a contribution for any such purpose.
(C) means funds received by a political committee which are transferred 
to that committee from another committee, and
(D) means the payment by any person other than a candidate, or his 
authorized committee, of compensation for the personal services of 
another person which are rendered to the candidate or committee without 
charge, but
(E) does not include--
(i) except as provided in subparagraph (D), the value of personal 
services rendered to or for the benefit of a candidate by an individual 
who receives no compensation for rendering such service to or for the 
benefit of the candidate, or
(ii) payments under section 9037.
(5) The term ``matching payment account'' means the Presidential 
Primary Matching Payment Account established under section 9037(a).
(6) The term ``matching payment period'' means the period beginning 
with the beginning of the calendar year in which a general election for 
the office of President of the United States will be held and ending on 
the date on which the national convention of the party whose nomination 
a candidate seeks nominates its candidate for the office of President 
of the United States, or, in the case of a party which does not make 
such nomination by national convention, ending on the earlier of (A) 
the date such party nominates its candidate for the office of President 
of the United States, or (B) the last day of the last national 
convention held by a major party during such calendar year.
(7) The term ``primary election'' means an election, including a runoff 
election or a nominating convention or caucus held by a political 
party, for the selection of delegates to a national nominating 
convention of a political party, or for the expression of a preference 
for the nomination of persons for election to the office of President 
of the United States.
(8) The term ``political committee'' means any individual, committee, 
association, or organization (whether or not incorporated) which 
accepts contributions or incurs qualified campaign expenses for the 
purpose of influencing, or attempting to influence, the nomination of 
any person for election to the office of President of the United 
States.
(9) The term ``qualified campaign expense'' means a purchase, payment, 
distribution, loan, advance, deposit, or gift of money or of anything 
of value--
(A) incurred by a candidate, or his authorized committee, in connection 
with his campaign for nomination for election, and
(B) neither the incurring nor payment of which constitutes a violation 
of any law of the United States or of the State in which the expense is 
incurred or paid.
For purposes of this paragraph, an expense is incurred by a candidate 
or by an authorized committee if it is incurred by a person 
specifically authorized in writing by the candidate or committee, as 
the case may be, to incur such expense on behalf of the candidate or 
the committee.
(10) The term ``State'' means each State of the United States and the 
District of Columbia.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat. 
1297, and amended Pub.L. 94-283, title I, Sec. 115(c)(2), title III, 
Sec. 306(b)(1), May 11, 1976, 90 Stat. 495, 500.)

26 U.S.C. Sec. 9033. Eligibility for Payments.
(a) Conditions.
To be eligible to receive payments under section 9037, a candidate 
shall, in writing--
(1) agree to obtain and furnish to the Commission any evidence it may 
request of qualified campaign expenses.
(2) agree to keep and furnish to the Commission any records, books, and 
other information it may request, and
(3) agree to an audit and examination by the Commission under section 
9038 and to pay any amounts required to be paid under such section.

(b) Expense limitation; declaration of intent; minimum contributions.
To be eligible to receive payments under section 9037, a candidate 
shall certify to the Commission that--
(1) the candidate and his authorized committees will not incur 
qualified campaign expenses in excess of the limitations on such 
expenses under section 9035,
(2) the candidate is seeking nomination by a political party for 
election to the office of President of the United States,
(3) the candidate has received matching contributions which in the 
aggregate, exceed $5,000 in contributions from residents of each of at 
least 20 States, and
(4) the aggregate of contributions certified with respect to any person 
under paragraph (3) does not exceed $250.

(c) Termination of payments.
(1) General rule.--Except as provided by paragraph (2), no payment 
shall be made to any individual under section 9037--
(A) if such individual ceases to be a candidate as a result of the 
operation of the last sentence of section 9032(2); or
(B) more than 30 days after the date of the second consecutive primary 
election in which such individual receives less than 10 percent of the 
number of votes cast for all candidates of the same party for the same 
office in such primary election, if such individual permitted or 
authorized the appearance of his name on the ballot, unless such 
individual certifies to the Commission that he will not be an active 
candidate in the primary involved.
(2) Qualified campaign expenses; payments to secretary.--Any candidate 
who is ineligible under paragraph (1) to receive any payments under 
section 9037 shall be eligible to continue to receive payments under 
section 9037 to defray qualified campaign expenses incurred before the 
date upon which such candidate becomes ineligible under paragraph (1).
(3) Calculation of voting percentage.--For purposes of paragraph 
(1)(B), if the primary elections involved are held in more than one 
State on the same date, a candidate shall be treated as receiving that 
percentage of the votes on such date which he received in the primary 
election conducted on such date in which he received the greatest 
percentage vote.
(3) Reestablishment of eligibility.--
(A) In any case in which an individual is ineligible to receive 
payments under section 9037 as a result of the operation of paragraph 
(1)(A), the Commission may subsequently determine that such individual 
is a candidate upon a finding that such individual is actively seeking 
election to the office of President of the United States in more than 
one State. The Commission shall make such determination without 
requiring such individual to reestablish his eligibility to receive 
payments under subsection (a).
(B) Notwithstanding the provisions of paragraph (1)(B), a candidate 
whose payments have been terminated under paragraph (1)(B) may again 
receive payments (including amounts he would have received but for 
paragraph (1)(B)) if he receives 20 percent or more of the total 
numbers of votes  cast for candidates of the same party in a primary 
election held after the date on which the election was held which was 
the basis for terminating payments to him.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat. 
1299, and amended Pub.L. 94-283, title III, Sec. Sec. 305(c), 
306(b)(2), May 11, 1976, 90 Stat. 499, 500.)

26 U.S.C. Sec. 9034. Entitlement of Eligible Candidates to Payments.
(a) In general.
Every candidate who is eligible to receive payments under section 9033 
is entitled to payments under section 9037 in an amount equal to the 
amount of each contribution received by such candidate on or after the 
beginning of the calendar year immediately preceding the calendar year 
of the presidential election with respect to which such candidate is 
seeking nomination, or by his authorized committees, disregarding any 
amount of contributions from any person to the extent that the total of 
the amounts contributed by such person on or after the beginning of 
such preceding calendar year exceeds $250. For purposes of this 
subsection and section 9033(b), the term ``contribution'' means a gift 
of money made by a written instrument which identifies the person 
making the contribution by full name and mailing address, but does not 
include a subscription, loan, advance, or deposit of money, or anything 
of value or anything described in subparagraph (B), (C), or (D) of 
section 9032(4).

(b) Limitations.
The total amount of payments to which a candidate is entitled under 
subsection (a) shall not exceed 50 percent of the expenditure 
limitation applicable under section 320(b)(1)(A) of the Federal 
Election Campaign Act of 1971.
(Added Pub.L. 93-443, title IX, Sec. 408(c), Oct. 15, 1974, 88 Stat. 
1299, and amended Pub.L. 94-283, title III, Sec. 307(b), May 11, 1976, 
90 Stat. 501.)

26 U.S.C. Sec. 9035. Qualified Campaign Expense Limitation.
(a) Expenditure limitations.
No candidate shall knowingly incur qualified campaign expenses in 
excess of the expenditure limitation applicable under section 
320(b)(1)(A) of the Federal Election Campaign Act of 1971, and no 
candidate shall knowingly make expenditures from his personal funds, or 
the personal funds of his immediate family, in connection with his 
campaign for nomination for election to the office of President in 
excess of, in the aggregate, $50,000.

(b) Definition of immediate family.
For purposes of this section, the term ``immediate family'' means a 
candidate's spouse, and any child, parent, grandparent, brother, half-
brother, sister, or half-sister of the candidate, and the spouses of 
such persons.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat. 
1300, and amended Pub.L. 94-283, title III, Sec. Sec. 305(a), 307(c), 
May 11, 1976, 90 Stat. 499, 501.)

26 U.S.C. Sec. 9036. Certification by Commission.
(a) Initial certifications.
Not later than 10 days after a candidate establishes his eligibility 
under section 9033 to receive payments under section 9037, the 
Commission shall certify to the Secretary for payment to such candidate 
under section 9037 payment in full of amounts to which such candidate 
is entitled under section 9034. The Commission shall make such 
additional certifications as may be necessary to permit candidates to 
receive payments for contributions under section 9037.

(b) Finality of determinations.
Initial certifications by the Commission under subsection (a), and all 
determinations made by it under this chapter, are final and conclusive, 
except to the extent that they are subject to examination and audit by 
the Commission under section 9038 and judicial review under section 
9041.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat. 
1300.)

26 U.S.C. Sec. 9037. Payments to Eligible Candidates.
(a) Establishment of account.
The Secretary shall maintain in the Presidential Election Campaign Fund 
established by section 9006(a), in addition to any account which he 
maintains under such section, a separate account to be known as the 
Presidential Primary Matching Payment Account. The Secretary shall 
deposit into the matching payment account, for use by the candidate of 
any political party who is eligible to receive payments under section 
9033, the amount available after the Secretary determines that amounts 
for payments under section 9006(c) and for payments under section 
9008(b)(3) are available for such payments.

(b) Payments from the matching payment account.
Upon receipt of a certification from the Commission under section 9036, 
but not before the beginning of the matching payment period, the 
Secretary shall promptly transfer the amount certified by the 
Commission from the matching payment account to the candidate. In 
making such transfers to candidates of the same political party, the 
Secretary shall seek to achieve an equitable distribution of funds 
available under subsection (a), and the Secretary shall take into 
account in seeking to achieve an equitable distribution, the sequence 
in which such certifications are received.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat. 
1300, and amended Pub.L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct. 
4, 1976, 90 Stat. 1834.)

26 U.S.C. Sec. 9038. Examinations and Audits; Repayments.
(a) Examinations and audits.
After each matching payment period, the Commission shall conduct a 
thorough examination and audit of the qualified campaign expenses of 
every candidate and his authorized committees who received payments 
under section 9037.

(b) Repayments.
(1) If the Commission determines that any portion of the payments made 
to a candidate from the matching payment account was in excess of the 
aggregate amount of payments to which such candidate was entitled under 
section 9034, it shall notify the candidate, and the candidate shall 
pay to the Secretary an amount equal to the amount of excess payments.
(2) If the Commission determines that any amount of any payment made to 
a candidate from the matching payment account was used for any purpose 
other than--
(A) to defray the qualified campaign expenses with respect to which 
such payment was made, or
(B) to repay loans the proceeds of which were used, or otherwise to 
restore funds (other than contributions to defray qualified campaign 
expenses which were received and expended) which were used, to defray 
qualified campaign expenses,
it shall notify such candidate of the amount so used, and the candidate 
shall pay to the Secretary an amount equal to such amount.
(3) Amounts received by a candidate from the matching payment account 
may be retained for the liquidation of all obligations to pay qualified 
campaign expenses incurred for a period not exceeding 6 months after 
the end of the matching payment period. After all obligations have been 
liquidated, that portion of any unexpended balance remaining in the 
candidate's accounts which bears the same ratio to the total unexpended 
balance as the total amount received from the matching payment account 
bears to the total of all deposits made into the candidate's accounts 
shall be promptly repaid to the matching payment account.

(c) Notification.
No notification shall be made by the Commission under subsection (b) 
with respect to a matching payment period more than 3 years after the 
end of such period.

(d) Deposit of repayments.
All payments received by the Secretary under subsection (b) shall be 
deposited by him in the matching payment account.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat. 
1300, and amended Pub.L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct. 
4, 1976, 90 Stat. 1834.)

26 U.S.C. Sec. 9039. Reports to Congress; Regulations.
(a) Reports.
The Commission shall, as soon as practicable after each matching 
payment period, submit a full report to the Senate and House of 
Representatives setting forth--
(1) the qualified campaign expenses (shown in such detail as the 
Commission determines necessary) incurred by the candidates of each 
political party and their authorized committees,
(2) the amounts certified by it under section 9036 for payment to each 
eligible candidate, and
(3) the amount of payments, if any, required from candidates under 
section 9038, and the reasons for each payment required.
Each report submitted pursuant to this section shall be printed as a 
Senate document.

(b) Regulations, etc.
The Commission is authorized to prescribe rules and regulations in 
accordance with the provisions of subsection (c), to conduct 
examinations and audits (in addition to the examinations and audits 
required by section 9038(a)), to conduct investigations, and to require 
the keeping and submission of any books, records, and information, 
which it determines to be necessary to carry out its responsibilities 
under this chapter.

(c) Review of regulations.
(1) The Commission, before prescribing any rule or regulation under 
subsection (b), shall transmit a statement with respect to such rule or 
regulation to the Senate and to the House of Representatives, in 
accordance with the provisions of this subsection. Such statement shall 
set forth the proposed rule or regulation and shall contain a detailed 
explanation and justification of such rule or regulation.
(2) If either House does not, through appropriate action, disapprove 
the proposed rule or regulation set forth in such statement no later 
than 30 legislative days after receipt of such statement, then the 
Commission may prescribe such rule or regulation. Whenever a committee 
of the House of Representatives reports any resolution relating to any 
such 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 to. The Commission may not 
prescribe any rule or regulation which is disapproved by either House 
under this paragraph.
(3) For purposes of this subsection, the term ``legislative days'' does 
not include any calendar day on which both Houses of the Congress are 
not in session.
(4) For purposes of this subsection, the term ``rule or regulation'' 
means a provision or series of interrelated provisions stating a single 
separable rule of law.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat. 
1301, and amended Pub.L. 94-283, title III, Sec. 304(b), May 11, 1976, 
90 Stat. 499.)

26 U.S.C. Sec. 9040. Participation by Commission in Judicial 
Proceedings.
(a) Appearance by counsel.
The Commission is authorized to appear in and defend against any action 
instituted under this section, either by attorneys employed in its 
office or by counsel whom it may appoint without regard to the 
provisions of title 5, United  States Code, 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.

(b) Recovery of certain payments.
The Commission is authorized, through attorneys and counsel described 
in subsection (a), to institute actions in the district courts of the 
United States to seek recovery of any amounts determined to be payable 
to the Secretary as a result of an examination and audit made pursuant 
to section 9038.

(c) Injunctive relief.
The Commission is authorized, through attorneys and counsel described 
in subsection (a), to petition the courts of the United States for such 
injunctive relief as is appropriate to implement any provision of this 
chapter.

(d) Appeal.
The Commission is authorized on behalf of the United States to appeal 
from, and to petition the Supreme Court for certiorari to review, 
judgments or decrees entered with respect to actions in which it 
appears pursuant to the authority provided in this section.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat. 
1302, and amended Pub.L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct. 
4, 1976, 90 Stat. 1834.)

26 U.S.C. Sec. 9041. Judicial Review.
(a) Review of agency action by the Commission.
Any agency action by the Commission made under the provisions of this 
chapter shall be subject to review by the United States Court of 
Appeals for the District of Columbia Circuit upon petition filed in 
such court within 30 days after the agency action by the Commission for 
which review is sought.

(b) Review procedures.
The provisions of chapter 7 of title 5, United States Code, apply to 
judicial review of any agency action, as defined in section 551(13) of 
title 5, United States Code, by the Commission.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat. 
1302.)

26 U.S.C. Sec. 9042. Criminal Penalties.
(a) Excess campaign expenses.
Any person who violates the provisions of section 9035 shall be fined 
not more than $25,000, or imprisoned not more than 5 years, or both. 
Any officer or member of any political committee who knowingly consents 
to any expenditure in violation of the provisions of section 9035 shall 
be fined not more than $25,000, or imprisoned not more than 5 years, or 
both.

(b) Unlawful use of payments.
(1) It is unlawful for any person who receives any payment under 
section 9037, or to whom any portion of any such payment is 
transferred, knowingly and willfully to use, or authorize the use of, 
such payment or such portion for any purpose other than--
(A) to defray qualified campaign expenses, or
(B) to repay loans, the proceeds of which were used, or otherwise to 
restore funds (other than contributions to defray qualified campaign 
expenses which were received and expended) which were used, to defray 
qualified campaign expenses.
(2) Any person who violates the provisions of paragraph (1) shall be 
fined not more than $10,000, or imprisoned not more than 5 years, or 
both.

(c) False statements, etc.
(1) It is unlawful for any person knowingly and willfully--
(A) to furnish any false, fictitious, or fraudulent evidence, books, or 
information to the Commission under this chapter, or to include in any 
evidence, books, or information so furnished any misrepresentation of a 
material fact, or to falsify or conceal any evidence, books, or 
information relevant to a certification by the Commission or an 
examination and audit by the Commission under this chapter, or
(B) to fail to furnish to the Commission any records, books, or 
information requested by it for purposes of this chapter.
(2) Any person who violates the provisions of paragraph (1) shall be 
fined not more than $10,000, or imprisoned not more than 5 years, or 
both.

(d) Kickbacks and illegal payments.
(1) It is unlawful for any person knowingly and willfully to give or 
accept any kickback or any illegal payment in connection with any 
qualified campaign expense of a candidate, or his authorized 
committees, who receives payments under section 9037.
(2) Any person who violates the provisions of paragraph (1) shall be 
fined not more than $10,000, or imprisoned not more than 5 years, or 
both.
(3) In addition to the penalty provided by paragraph (2), any person 
who accepts any kickback or illegal payment in connection with any 
qualified campaign expense of a candidate or his authorized committees 
shall pay to the Secretary for deposit in the matching payment account 
an amount equal to 125 percent of the kickback or payment received.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat. 
1302.)
K. 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--
[See main volume for text of (1) to (4).]
(5) for violation of or failure to observe any final cease and desist 
order issued by the Commission under this section;
(6) for violation of section 1304, 1343, or 1464 of title 18; or
(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.
[See main volume for text of (b) to (e).]

(f) Willful or repeated violations.
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.
(As amended 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, ch. 652, title III, Sec. 315, 48 Stat. 1088; July 16, 
1952, ch. 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. 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. NOMINATION OF THE PRESIDENT AND VICE PRESIDENT

A. Calendar for Party Caucuses/Conventions and Presidential Primaries 
in 2000

------------------------------------------------------------------------
                                                        Presidential
           Dates             Caucuses/Conventions        Primaries
------------------------------------------------------------------------
January 24................  Iowa.................  .....................
February 1................  .....................  New Hampshire.
February 5................  .....................  Delaware (D).
February 8................  .....................  Delaware (R).
February 19...............  .....................  South Carolina (R).
February 22...............  .....................  Arizona, Michigan.
February 26...............  American Samoa, Guam,  .....................
                             Virgin Islands
                             (Republican only).
February 29...............  North Dakota (R).....  Virginia, Washington.
March 5...................  .....................  Puerto Rico (R).
March 7...................  American Samoa (D)     California,
                             Hawaii (D),            Connecticut,
                             Minnesota, North       Georgia, Maine,
                             Dakota.                Maryland,
                                                    Massachusetts,
                                                    Missouri, New York,
                                                    Ohio, Rhode Island,
                                                    Vermont.
March 9...................  .....................  South Carolina (D).
March 10..................  .....................  Colorado, Utah,
                                                    Wyoming.
March 11..................  Michigan (D).........  Arizona (D).
March 12..................  .....................  Puerto Rico (D).
March 14..................  .....................  Florida, Louisiana,
                                                    Mississippi,
                                                    Oklahoma, Tennessee,
                                                    Texas.
March 21..................  .....................  Illinois.
April 1...................  Virgin Islands (D)...  .....................
April 4...................  .....................  Kansas, Pennsylvania,
                                                    Wisconsin.
May 2.....................  .....................  District of Columbia,
                                                    Indiana, North
                                                    Carolina.
May 6.....................  Guam (D).............  .....................
May 9.....................  .....................  Nebraska, West
                                                    Virginia.
May 16....................  .....................  Oregon.
May 19....................  Alaska (R)             .....................
                             Convention, Hawaii.
May 19-21.................  Nevada (D) Convention  .....................
May 20....................  Alaska (D) Convention  .....................
May 23....................  .....................  Arkansas, Idaho,
                                                    Kentucky.
May 25....................  Nevada (R) Convention  .....................
June 3....................  Virginia (D)           .....................
                             Convention..
June 6....................  .....................  Alabama, Montana, New
                                                    Jersey, New Mexico,
                                                    South Dakota.
------------------------------------------------------------------------

B. Background of the National Nominating Conventions, Presidential 
Primaries, and the Selection of Delegates *

The United States Constitution does not authorize the establishment of 
political parties nor does it prohibit their establishment. The 
Founding Fathers did not have a favorable attitude toward political 
parties and even saw them as possible threats to state government.\1\ 
When the new government was being formed, two competing parties 
developed, one of which favored the adoption of the Constitution and 
the other of which was against the adoption of the Constitution. The 
Federalist Party favored a strong central government and was comprised 
of merchants, shippers, and financiers, among others. The other party 
was comprised of members who were anti-federalist who opposed a strong 
central government and sought to preserve the sovereignty of the 
states.\2\
---------------------------------------------------------------------------
\*\ By L. Paige Whitaker, Legislative Attorney, Congressional Research 
Service, Library of Congress.
\1\ National Party Conventions 1831-1976, Congressional Quarterly. 
Sept. 1979, p. 1.
\2\ Ibid.
---------------------------------------------------------------------------
The Constitution does not provide for any formal nominating procedures 
for candidates for President and Vice President outside of those 
provisions relating to the Electoral College.\3\ With the advent of 
political parties, the inadequacies of the Electoral College system of 
electing a President and Vice President became manifest, especially in 
regard to the nominating process.\4\
---------------------------------------------------------------------------
\3\ W. Crotty. Presidential Nominating Procedures, History of 
Presidential Nomination Practices, v. 1, p. xiv, National Municipal 
League (1974).
\4\ Ibid.
---------------------------------------------------------------------------
In the first presidential election in 1789, there were no formal 
nominations, and the Electoral College method for choosing a President 
and Vice President was used. In the presidential election of 1792, 
there was no attempt to challenge President Washington, although a 
political party by the name of the Democratic-Republicans 
unsuccessfully presented a challenge to Vice President Adams.\5\ The 
presidential election of 1796 was the first time that the congressional 
caucus was used as a nominating method. The congressional caucus system 
was used for nominating presidential candidates as there was a need for 
limiting the number of party candidates and for unifying the elections 
of a political party.\6\ The caucus system of nominating presidential 
candidates had some serious limitations: (1) the nominating process did 
not include non-congressional persons; (2) state influence was limited 
according to the number of its congressmen and even to the party 
affiliations of the congressmen; and (3) Congress was a dominant force 
in presidential matters since the President would likely be more 
responsive to the Congressmen who nominated him than to the people.\7\
---------------------------------------------------------------------------
\5\ National Party Conventions, supra at p. 2.

\6\ W. Crotty, supra at p. xiv.
\7\ Ibid.
---------------------------------------------------------------------------
Later state-based legislative systems of nominating Presidents, which 
were used in the 1828 presidential election of Andrew Jackson, 
eventually eliminated the congressional caucus method of nomination. By 
1840, the major political parties began holding national conventions 
with delegates selected from the various states to nominate their 
candidates for President and Vice President. The national conventions 
provided for broader electoral participation in the presidential 
nominating process than the congressional caucus or state-based 
legislative systems. However, even the national conventions had their 
drawbacks. The delegate selection procedures varied from state to 
state; state party bosses and political machines often controlled the 
selection of delegates to the national nominating conventions.\8\
---------------------------------------------------------------------------
\8\ Id., xv. See also E. McChesney Sait. American Parties and 
Elections, pp. 316-319, D. Appleton-Century Co. (New York, 1939).
---------------------------------------------------------------------------
In 1968, the major political parties began to reform and democratize 
the delegate selection procedures to provide for greater participation 
by all voters affiliated with them, including such groups as blacks, 
youth, women, and minorities. In the Democratic Party, the McGovern-
Fraser Commission was established and was mandated to draft a delegate 
plan that would be an ``open'' system of delegate selection to insure 
every Democrat ``a full, meaningful and timely'' opportunity to 
participate, beginning with the 1972 Convention. The 1968 Republican 
National Convention established the Delegates and Organization 
Committee to make recommendations to achieve the broadest possible 
participation in the Party's affairs. The 1972 Republican Convention 
adopted five of the ten recommendations made by the Committee and 
incorporated them into the 1976 delegate selection rules. In both the 
Democratic and Republican parties, the state parties still exercise 
much power in the delegate selection procedures; however, the impetus 
that has been taken by the national parties for broader participation 
has provided for more due process in the selection and seating of 
national nominating convention delegates.\9\
---------------------------------------------------------------------------
\9\ W. Crotty, supra at pp. xvii-xix.
---------------------------------------------------------------------------
In October, 1975, the Democratic National Committee (DNC) established a 
committee to study the problem of the presidential primaries and to 
review delegate selection rules of the Democratic Party.\10\ The 
Commission was chaired by Michigan State Chairman, Morley Winograd, and 
became known as the Winograd Commission. It was composed of fifty-eight 
members. Among some of the major recommendations were the following: 
(1) shortening the delegate selection period from six months to three 
months (from the second Tuesday in March to the second Tuesday in 
June); (2) increasing the size of state delegations by ten percent to 
accommodate state party and elected officials; and (3) limiting 
participation in the delegate selection process to Democrats only by 
disallowing open, cross-over primaries whereby voters could participate 
in the Democratic delegate selection process without declaring their 
party affiliation.\11\
---------------------------------------------------------------------------
\10\ National Party Conventions, supra, at pp. 10-11.
\11\ Id., 11-12.
---------------------------------------------------------------------------
In 1982, the DNC established another commission to review the delegate 
selection process to the Democratic national nominating convention. The 
commission has become known as the Hunt Commission, named after its 
chairman, North Carolina Governor, James B. Hunt, Jr. The Hunt 
Commission made the following recommendations which were substantially 
adopted by the DNC: (1) shortening the presidential preference primary 
and caucus season; (2) eliminating the bound delegate rule so as to 
allow delegates who are pledged to a candidate in all good conscience 
to reflect the sentiments of these who elected them; and (3) increasing 
the participation of elected officials, especially Members of 
Congress.\12\
---------------------------------------------------------------------------
\12\ Hunt Commission Reports, Boosts ``Insider'' Influence, Campaign 
Practices Reports, Feb. 1, 1982, p. 4. See also, M. Malbin, The 
Democratic Party's Rules Changes--Will They Help Or Hurt It? National 
Journal, Jan. 23, 1982. pp. 139, 165.
---------------------------------------------------------------------------
Thus, from 1972 to 1988, the Democratic Party amended its delegate 
selection rules to provide participation by grassroots Democrats and by 
minorities and by women. Such rules were the products of: (1) the 
McGovern-Fraser Commission in 1972, (2) the Mikulski Commission in 
1976, (3) the Winograd Commission in 1980, (4) the Hunt Commission in 
1984, and (5) the Fowler Commission in 1988.\13\
---------------------------------------------------------------------------
\13\ T. Michael, Explanation and History: Delegate Selection Rules for 
the 1992 Democratic Convention, Sept. 26, 1990, p.1.
---------------------------------------------------------------------------
Part of the reform of the presidential nominating process has centered 
around presidential preference primaries. In the early part of the 
twentieth century, the movement toward democratization of the 
presidential nominating process provided the impetus for many states to 
adopt presidential primaries. The Progressives desired to open up the 
presidential nominating process through the use of presidential 
primaries in order to help end the boss-dominated conventions and to 
aid in the selection of candidates who would be more responsive to the 
electorate.\14\
---------------------------------------------------------------------------
\14\ W. Crotty, supra at xvi.
---------------------------------------------------------------------------
In 1904, Florida enacted the first primary law and authorized political 
parties to choose all or some of their national convention delegates in 
the primary. In 1905, the State of Wisconsin adopted a presidential 
primary that required political parties to choose their national 
convention delegates in the primary. By 1916, twenty-six States had 
adopted presidential primary laws. This number dwindled over the next 
half century so that by 1968, only sixteen States and the District of 
Columbia had presidential primaries.\15\
---------------------------------------------------------------------------
\15\ Id., xvi-xvii.
---------------------------------------------------------------------------
Presidential preference primaries may be classified according to four 
different types of primaries: delegates selection only; advisory 
presidential preference; binding, winner-take-all presidential 
preference; and proportional representation presidential preference. In 
the delegate selection primary, the names of the presidential 
candidates do not appear separately on the ballot, but rather the names 
of the delegates appear on the ballot listed individually or by slate 
and usually identified by presidential preference. In an advisory 
presidential preference primary, the vote for the presidential 
candidate is generally advisory only and is used for the sole purpose 
of securing an expression of sentiment and will of party voters as 
preferring a certain presidential candidate. In a binding, winner-take-
all presidential preference primary, the results of the presidential 
preference primary generally bind the delegation to the national 
convention to the primary winner. A ``loophole'' primary is a primary 
that provides for winner-take-all by congressional district. In a 
proportional representation presidential preference primary, the 
results of the primary are used to allocate national convention 
delegates to presidential candidates based on the proportion of the 
vote they receive.\16\
---------------------------------------------------------------------------
\16\ Id., xx-xxiii. The classifications of presidential primary states 
have also been described as six types: (1) no direct presidential 
preference poll; binding delegate selection primary; (2) advisory 
presidential preference poll; separate delegate selection primary; (3) 
binding ``winner-take-all'' presidential preference poll; separate 
delegate selection primary; (4) binding ``proportional'' presidential 
preference poll; separate delegate selection primary; (5) binding 
``proportionate'' presidential preference poll; no delegate selection 
primary; and (6) advisory (with option for binding) presidential 
preference poll; district delegate selection primary. Ibid.
---------------------------------------------------------------------------
The type of presidential preference primary may be determined by the 
primary election laws of the particular state or it may be determined 
by the party rules of each political party if the election laws so 
provide. In many states, the Democrats and the Republicans hold 
different types of presidential preference primaries in the selection 
of delegates to their respective national nominating conventions. 
Presidential primaries are as varied as delegate selection procedures 
due to differences in state statutes, party constitutions, party rules 
and regulations, party by-laws, and delegate selection plans.
Many states elect all or part of their national nominating convention 
delegates by state and congressional district caucuses and/or 
conventions. In many states, the caucus/convention process of selecting 
delegates begins with local precinct caucuses which are held to select 
delegates to county conventions or district conventions. In turn, 
county conventions or district conventions select delegates to 
congressional district conventions and to the state convention. Then 
the delegates to the national nominating conventions are selected by 
the congressional district conventions and the state convention 
according to state statutes and state party rules. This delegate 
selection process varies from state to state due to differences in 
state party rules, state statutes, state party delegate selection 
plans, and the national party rules governing the selection of 
delegates; accordingly, these rules, plans, and statutes should be 
examined in order to determine the exact manner of selecting such 
delegates in any particular state.\17\
---------------------------------------------------------------------------
\17\ See Part III relating to a fifty-state survey of state laws and 
party rules concerning the selection of delegates to the national 
nominating conventions.
---------------------------------------------------------------------------
C. Significant Court Decisions Affecting Delegate Selection Procedures 
and the Convention System\1\
---------------------------------------------------------------------------
\1\ By L. Paige Whitaker, Legislative Attorney, Congressional Research 
Service, Library of Congress.

Due to the freedom of association provided by the First Amendment, 
political parties have traditionally enjoyed great freedom in their 
efforts to advance their political goals. As the Supreme Court stated 
in the 1958 case of NAACP v. Alabama ex rel. Patterson,\2\:
---------------------------------------------------------------------------
\2\ 357 U.S. 449 (1958).
---------------------------------------------------------------------------
It is beyond debate that freedom to engage in association for the 
advancement of beliefs and ideas is an inseparable aspect of the 
``liberty'' assured by the Due Process Clause of the Fourteenth 
Amendment, which embraces freedom of speech * * * Of course, it is 
immaterial whether the beliefs sought to be advanced by association 
pertain to political, economic, religious, or cultural matters, and 
state action which may have the effect of curtailing the freedom to 
associate is subject to the closest scrutiny.\3\
---------------------------------------------------------------------------
\3\ Id. at 460-461.
---------------------------------------------------------------------------
In recent years, however, a conflict has developed between this freedom 
of political parties and the freedom of each individual to participate 
equally in the political process. The Third Circuit summarized this 
conflict in Redfern v. Delaware Republican State Committee:\4\
---------------------------------------------------------------------------
\4\ 502 F.2d. 1123 (3rd Cir. 1971).
---------------------------------------------------------------------------
This appeal involves, but unfortunately does not resolve, the conflict 
between two constitutionally protected interests; the right of freedom 
of association for the achievement of desired political ends--protected 
by the first amendment--and the right to have one's vote in an election 
for public office given equal weight with that of other voters--
protected by the equal protection clause of the fourteenth 
amendment.\5\
---------------------------------------------------------------------------
\5\ Id. at 1125.
---------------------------------------------------------------------------
As a result of this conflict, there have been several challenges to 
party rules by those claiming that delegate apportionment guidelines, 
under certain circumstances, violate the ``one person, one vote'' equal 
protection standard established by the Supreme Court in the landmark 
case of Baker v. Carr.\6\
---------------------------------------------------------------------------
\6\ 369 U.S. 186 (1962).
---------------------------------------------------------------------------
For example, in Ripon Society v. National Republican Party,\7\ the 
District of Columbia Circuit addressed this issue, holding that the 
particular nature and goals of a political party were such as to make 
permissible some deviation from the one person, one vote standard.\8\ 
In this case, the Ripon Society, an organization associated with the 
National Republican Party, and party members from several states who 
claimed to be underrepresented under the formula for apportionment of 
delegates to the 1976 Republican National Convention, brought suit 
challenging this formula. The challenge was primarily directed to that 
part of the formula which apportioned 607 delegates, representing 27 
percent of the total of approximately 2,242 delegates to the 
Convention, on the basis of a Republican vote in the 1972 Presidential 
election and on the basis of Republican victories in the 1972 and 1974 
senatorial, gubernatorial, and congressional elections. Plaintiffs 
claimed that this formula unfairly discriminated against party members 
residing in states which had not fashioned such Republican victories, 
denying them their constitutional right of equal representation under 
the ``one-person, one-vote'' doctrine.\9\ The lower court had found 
that the use of the uniform victory bonuses was improper and enjoined 
their use in the apportionment of delegates to the 1976 convention.\10\ 
On a rehearing en banc, however, the Court of Appeals reversed their 
earlier decision and ruled in favor of the proposed allocation formula.
---------------------------------------------------------------------------
\7\ 525 F.2d 567 (D.C. Cir. 1975), cert. den. 424 U.S. 186 (1976).
\8\ Id. at 588.
\9\ Id. at 570-73.
\10\ Ripon Sec. Inc. v. National Republican Party, 369 F. Supp. 368 
(D.D.C. 1974).
---------------------------------------------------------------------------
After reviewing pertinent precedents, the Ripon court concluded:
The Supreme Court inquiry into these matters has led it to the 
conclusion that where the assembly exercises formal governmental powers 
one person, one vote is ordinarily required. A similar inquiry in other 
contexts may well reveal that the public and private interests in 
making decisions through some other scheme of representation outweigh 
the interests served by numerically equal apportionment.\11\
---------------------------------------------------------------------------
\11\ Id. at 580.

Questions have also arisen as to the power of the individual states to 
legislate with regard to delegate selection procedures. In Cousins v. 
Wigoda,\12\ the Supreme Court held that the states do not have a 
constitutionally mandated role in the task of selecting presidential 
and vice-presidential candidates.\13\ Under this ruling, party rules 
would preempt and supersede state laws governing selection and 
apportionment of party delegates in case of any conflict.
---------------------------------------------------------------------------
\12\ 419 U.S. 477 (1975).
\13\ Id. at 489-90.
---------------------------------------------------------------------------
The Cousins case arose when, on March 21, 1972, pursuant to the 
Illinois Code, Illinois voters elected their State's delegation to the 
1972 Democratic National Convention. The petitioners (``Cousins 
delegates'') challenged the seating of 59 of these delegates from the 
Chicago districts (``Wigoda delegates'') before the National Democratic 
Party's Credentials Committee, claiming that the composition of this 
group violated various guidelines which had been promulgated by the 
party and included in the call of the convention. The party's hearing 
officer found violations of party guidelines covering minority group 
participation, women and youth participation, existence of party rules, 
adequate notice of party affairs, timing of party affairs, and slate 
making. The Credentials Committee then adopted the hearing officer's 
recommendation that the Wigoda delegates be unseated and the Cousins 
delegates, who had been chosen previously at private caucuses and some 
of whom had been unsuccessful in the March primary, be seated in their 
place. Two days before the convention opened, the Wigoda delegates 
obtained an injunction from the Circuit Court of Cook County enjoining 
the Cousins delegates from participating in the convention. After the 
convention adopted the Credential Committee's recommendation to seat 
the Cousins delegates, however, they took  their seats and participated 
fully in convention proceedings. As a result, there was action to 
adjudge the Cousins delegates in contempt of the injunction, which 
action was stayed pending the Supreme Court's decision.\14\ The 
Illinois Appellate Court affirmed the injunction,\15\ holding that the 
Illinois Election Code exclusively governs the right to sit as a 
delegate representing Illinois at the national nominating convention.
---------------------------------------------------------------------------
\14\ Id. at 478-81.
\15\ 14 Ill. App. 3d 460, 302 N.E. 2d 614 (1973).
---------------------------------------------------------------------------
The Supreme Court reversed the Illinois Appellate Court's decision, 
holding that Illinois' interest in protecting the integrity of its 
electoral process cannot be considered compelling in the context of the 
selection of delegates for the national nominating convention.\16\ 
Citing Kusper v. Pontikes,\17\ the Court recognized that a person's 
right to associate with the political party of his or her choice is an 
integral part of the freedom of association granted under the First and 
Fourteenth Amendments. Moreover, the competing state interest in 
protecting the integrity of its electoral process is not compelling 
because suffrage was already exercised at the primary election to elect 
delegates to the party convention in order for such delegates to 
``perform a task of supreme importance to every citizen of the Nation 
regardless of their State of residence.''\18\ Hence, the Court 
concluded that ``[c]onsideration of the special function of delegates 
to such a Convention militates persuasively against the conclusion that 
the asserted interest constitutes a compelling state interest.''\19\
---------------------------------------------------------------------------
\16\ 419 U.S. at 491.
\17\ 414 U.S. 51, 56-57 (1957).
\18\ 419 U.S. at 489.
\19\ Id.
---------------------------------------------------------------------------
Notably, the Supreme Court in Cousins v. Wigoda stressed that its 
opinion did not resolve any related constitutional questions, 
specifically enumerating the following three areas as excluded from the 
scope of the decision:
(1) whether the decisions of a national political party in the area of 
delegate selection constitute State or governmental action, and, if so, 
whether or to what extent principles of the political question doctrine 
counsel against judicial intervention * * *
(2) whether national political parties are subject to the principles of 
the reapportionment decisions, or other constitutional restraints, in 
their methods of delegate selection and allocation * * *
(3) whether or to what extent national political parties and their 
nominating conventions are regulable by, or only by, Congress * * * 
\20\
---------------------------------------------------------------------------
\20\ Id. at 483-84 n. 4.
---------------------------------------------------------------------------
The Supreme Court has also found that the rules of a national political 
party are entitled to the greatest, if not paramount, weight in 
determining eligibility to serve as delegate to a national party 
convention. For example, in Democratic Party of the United States v. 
Wisconsin ex rel. La Follette,\21\ the Court held that the state of 
Wisconsin could not constitutionally require that its delegates be 
seated at a national party's national nominating convention.\22\ The 
1980 Charter of the Democratic Party provided that the delegates to the 
convention be chosen through procedures in which only members of the 
party could participate and the delegate selection rules provided that 
only those who wished to affiliate publicly with the Democratic Party 
could participate in the selection of delegates to the national 
convention. The election laws of Wisconsin, however, provided for an 
open primary, which allowed voters to vote in a party presidential 
primary without requiring a public declaration of party preference and 
without regard to party affiliation. The Democratic National Party 
indicated that the delegates who were bound to vote according to the 
results of the open primary would not be seated at the national 
convention. As a result, a suit was brought and the Wisconsin Supreme 
Court held that the open primary system of selecting delegates to the 
national convention was constitutional and binding upon the Democratic 
National Party and that the state's delegates could not be disqualified 
from being seated at the national nominating convention.\23\
---------------------------------------------------------------------------
\21\ 450 U.S. 107 (1981).
\22\ Id. at 126.
\23\ Id. at 109-112.
---------------------------------------------------------------------------
On appeal, the United States Supreme Court reversed, holding that it 
was permissible for a national political party to refuse to seat state 
delegates who were elected in an open primary in a procedure that was 
violative of the national party's rules.\24\ According to the Court, 
the states do not have a constitutionally mandated role in regulating 
and governing the task of the national conventions to nominate 
presidential and vice presidential candidates and in determining the 
qualifications and eligibility of delegates to the national conventions 
of political parties, no primacy is to be accorded to a state's 
election laws over a national party's rules.\25\
---------------------------------------------------------------------------
\24\ Id. at 126.
\25\ Id. at 121-25.
---------------------------------------------------------------------------

D. FEC Regulations on Delegates and Delegate Committees
11 CFR Parts 100 and 110
Contributions to and Expenditures by Delegates to National Nominating 
Conventions
11 CFR Sec. 100.5  Political committee (2 U.S.C. Sec. 431 (4), (5), 
(6)).
        * * * * * * *
(e) * * *
(5) Delegate committee. A delegate committee is a group of persons that 
receives contributions or makes expenditures for the sole purpose of 
influencing the selection of one or more delegates to a national 
nominating convention. The term ``delegate committee'' includes a group 
of delegates, a group of individuals seeking selection as delegates and 
a group of individuals supporting delegates. A delegate committee that 
qualifies as a political committee under 11 CFR 100.5 must register 
with the Commission pursuant to 11 CFR Part 102 and report its receipts 
and disbursements in accordance with 11 CFR Part 104. (See definition 
of ``delegates'' at 11 CFR 110.14(b)(1).)
        * * * * * * *

11 C.F.R. Sec. 110.1  Contributions by persons other than 
multicandidate political committees (2 U.S.C. Sec. 441a(a)(1)).
        * * * * * * *
(m) Contributions to delegates and delegate committees. (1) 
Contributions to delegates for the purpose of furthering their 
selection under 11 CFR 110.14 are not subject to the limitations of 
this section.
(2) Contributions to delegate committees under 11 CFR 110.14 are 
subject to the limitations of this section.

11 C.F.R. Sec. 110.2  Contributions by multicandidate political 
committees (2 U.S.C. Sec. 441a(a)(2)).
        * * * * * * *
(j) Contributions to delegates and delegate committees. (1) 
Contributions to delegates for the purpose of furthering their 
selection under 11 CFR 110.14 are not subject to the limitations of 
this section.
(2) Contributions to delegate committees under 11 CFR 110.14 are 
subject to the limitations of this section.

11 C.F.R. Sec. 110.14  Contributions to and expenditures by delegates 
and delegate committees.
(a) Scope. This section sets forth the prohibitions, limitations and 
reporting requirements under the Act applicable to all levels of a 
delegate selection process.
(b) Definitions--(1) Delegate. Delegate means an individual who becomes 
or seeks to become a delegate, as defined by State law or party rule, 
to a national nominating convention or to a State, district, or local 
convention, caucus or primary that is held to select delegates to a 
national nominating convention.
(2) Delegate committee. A delegate committee is a group of persons that 
receives contributions or makes expenditures for the sole purpose of 
influencing the selection of one or more delegates to a national 
nominating convention. The term ``delegate committee'' includes a group 
of delegates, a group of individuals seeking selection as delegates and 
a group of individuals supporting delegates. A delegate committee that 
qualifies as a political committee under 11 CFR 100.5 must register 
with the Commission pursuant to 11 CFR Part 102 and report its receipts 
and disbursements in accordance with 11 CFR Part 104.
(c) Funds received and expended; Prohibited funds. (1) Funds received 
or disbursements made for the purpose of furthering the selection of a 
delegate to a national nominating convention are contributions or 
expenditures for the purpose of influencing a federal election, see 11 
CFR 100.2 (c)(3) and (e), except that--
(i) Payments made by an individual to a State committee or subordinate 
State committee as a condition for ballot access as a delegate are not 
contributions or expenditures. Such payments are neither required to be 
reported under 11 CFR Part 104 nor subject to limitation under 11 CFR 
110.1; and
(ii) Payments made by a State committee or subordinate State party 
committee for administrative expenses incurred in connection with 
sponsoring conventions or caucuses during which delegates to a national 
nominating convention are selected are not contributions or 
expenditures. Such payments are neither required to be reported under 
11 CFR Part 104 nor subject to limitation under 11 CFR 110.1 and 110.2.
(2) All funds received or disbursements made for the purpose of 
furthering the selection of a delegate to a national nominating 
convention, including payments made under paragraphs (c)(1)(i) and 
(c)(1)(ii) of this section, shall be made from funds permissible under 
the Act. See 11 CFR Parts 110, 114 and 115.
(d) Contributions to a delegate. (1) The limitations on contributions 
to candidates and political committees under 11 CFR 110.1 and 110.2 do 
not apply to contributions made to a delegate for the purpose of 
furthering his or her selection; however, such contributions do count 
against the limitation on contributions made by an individual in a 
calendar year under 11 CFR 110.5.
(2) Contributions to a delegate made by the authorized committee of a 
presidential candidate count against the presidential candidate's 
expenditure limitation under 11 CFR 110.8(a).
(3) A delegate is not required to report contributions received for the 
purpose of furthering his or her selection.
(e) Expenditures by delegate to advocate only his or her selection. (1) 
Expenditures by a delegate that advocate only his or her selection are 
neither contributions to a candidate, subject to limitation under 11 
CFR 110.1, nor chargeable to the expenditure limits of any Presidential 
candidate under 11  CFR 110.8(a). Such expenditures may include, but 
are not limited to: Payments for travel and subsistence during the 
delegate selection process, including the national nominating 
convention, and payments for any communications advocating only the 
delegate's selection.
(2) A delegate is not required to report expenditures made to advocate 
only his or her selection.
(f) Expenditures by a delegate referring to a candidate for public 
office--(1) Volunteer activities that do not use public political 
advertising. (i) Expenditures by a delegate to defray the costs of 
certain campaign materials (such as pins, bumper stickers, handbills, 
brochures, posters and yard signs) that advocate his or her selection 
and also include information on or reference to a candidate for the 
office of President or any other public office are neither 
contributions to the candidate referred to nor subject to limitation 
under 11 CFR 110.1 provided that:
(A) The materials are used in connection with volunteer activities; and
(B) The expenditures are not for costs incurred in the use of 
broadcasting, newspapers, magazines, billboards, direct mail or similar 
types of general public communication or political advertising.
(ii) Such expenditures are not chargeable to the expenditure limitation 
of a presidential candidate under 11 CFR 110.8(a).
(iii) A delegate is not required to report expenditures made pursuant 
to this paragraph.
(2) Use of public political advertising. A delegate may make 
expenditures to defray costs incurred in the use of broadcasting, 
newspapers, magazines, billboards, direct mail or similar types of 
general public communication or political advertising to advocate his 
or her selection and also include information on or reference to a 
candidate for the office of President or any other public office.
(i) Such expenditures are in-kind contributions to a Federal candidate 
if they are made in cooperation, consultation or concert with, or at 
the request or suggestion of, the candidate, his or her authorized 
political committee(s), or their agents. See 11 CFR 100.7(a)(iii)(A); 2 
U.S.C. 441a(a)(7)(B).
(A) The portion of the expenditure allocable to a Federal candidate is 
subject to the contribution limitations of 11 CFR 110.1.
(B) A Federal candidate's authorized committee must report the portion 
of the expenditure allocable to the candidate as a contribution 
pursuant to 11 CFR Part 104.
(C) The portion of the expenditure allocable to a presidential 
candidate is chargeable to the presidential candidate's expenditure 
limitation under 11 CFR 110.8(a).
(ii) Such expenditures are independent expenditures under 11 CFR Part 
109 if they are made for a communication expressly advocating the 
election or defeat of a clearly identified Federal candidate that is 
not made with the cooperation or with the prior consent of, or in 
consultation with, or at the request or suggestion of, the candidate or 
any agent or authorized committee of such candidate.
(A) Such independent expenditures must be made in accordance with the 
requirements of 11 CFR Part 109.
(B) The delegate shall report the portion of the expenditure allocable 
to the Federal candidate as an independent expenditure in accordance 
with 11 CFR 109.2.
(3) Republication of candidate materials. Expenditures made to finance 
the dissemination, distribution or republication, in whole or in part, 
of any broadcast or materials prepared by a Federal candidate are in-
kind contributions to the candidate.
(i) Such expenditures are subject to the contribution limits of 11 CFR 
110.1.
(ii) The Federal candidate must report the expenditure as a 
contribution pursuant to 11 CFR Part 104.
(iii) Such expenditures are not chargeable to the presidential 
candidate's expenditure limitation under 11 CFR 110.8 unless they were 
made with the cooperation, or with the prior consent of, or in 
consultation with, or at the request or suggestion of, the candidate or 
any agent or authorized committee of such candidate.
(4) For purposes of this paragraph, ``direct mail'' means any 
mailing(s) by commercial vendors or any mailing(s) made from lists that 
were not developed by the delegate.
(g) Contributions made to and by a delegate committee. (1) The 
limitations on contributions to political committees under 11 CFR 110.1 
and 110.2 apply to contributions made to and by a delegate committee.
(2) Contributions to a delegate committee count against the limitation 
on contributions made by an individual in a calendar year under 11 CFR 
110.5.
(3) A delegate committee shall report contributions it makes and 
receives pursuant to 11 CFR Part 104.
(h) Expenditures by a delegate committee to advocate only the selection 
of one or more delegates. (1) Expenditures by a delegate committee that 
advocate only the selection of one or more delegates are neither 
contributions to a candidate, subject to limitation under 11 CFR 110.1 
nor chargeable to the expenditure limits of any Presidential candidate 
under 11 CFR 110.8(a). Such expenditures may include but are not 
limited to: Payments for travel and subsistence during the delegate 
selection process, including the national nominating convention, and 
payments for any communications advocating only the selection of one or 
more delegates.
(2) A delegate committee shall report expenditures made pursuant to 
this paragraph.
(i) Expenditures by a delegate committee referring to a candidate for 
public office--(1) Volunteer activities that do not use public 
political advertising. (i) Expenditures by a delegate committee to 
defray the costs of certain campaign materials (such as pins, bumper 
stickers, handbills, brochures, posters and yard signs) that advocate 
the selection of a delegate and also include information on or 
reference to a candidate for the office of President or any other 
public office are neither contributions to the candidate referred to, 
nor subject to limitation under 11 CFR 110.1 provided that:
(A) The materials are used in connection with volunteer activities; and
(B) The expenditures are not for costs incurred in the use of 
broadcasting, newspapers, magazines, billboards, direct mail or similar 
types of general public communication or political advertising.
(ii) Such expenditures are not chargeable to the expenditure limitation 
of a presidential candidate under 11 CFR 110.8(a).
(iii) A delegate committee shall report expenditures made pursuant to 
this paragraph.
(2) Use of public political advertising. A delegate committee may make 
expenditures to defray costs incurred in the use of broadcasting, 
newspapers, magazines, billboards, direct mail or similar types of 
general public communication or political advertising to advocate the 
selection of one or more delegates and also include information on or 
reference to a candidate for the office of President or any other 
public office. If such expenditures are in-kind contributions or 
independent expenditures under paragraphs (i) or (ii) below, the 
delegate committee shall allocate the portion of the expenditures 
relating to the delegate(s) and candidate(s) referred to in the 
communications between them and report the portion allocable to each.
(i) Such expenditures are in-kind contributions to a Federal candidate 
if they are made in cooperation, consultation or concert with or at the 
request or suggestion of the candidate, his or her authorized political 
committee(s), or their agents.
(A) The portion of the expenditure allocable to a Federal candidate is 
subject to the contribution limitations of 11 CFR 110.1. The delegate 
committee shall report the portion allocable to the Federal candidate 
as a contribution in-kind.
(B) The Federal candidate's authorized committee shall report the 
portion of the expenditure allocable to the candidate as a contribution 
pursuant to 11 CFR Part 104.
(C) The portion of the expenditure allocable to a presidential 
candidate is chargeable to the presidential candidate's expenditure 
limitation under 11 CFR 110.8(a).
(ii) Such expenditures are independent expenditures under 11 CFR Part 
109 if they are made for a communication expressly advocating the 
election or defeat of a clearly identified Federal candidate that is 
not made with the cooperation or with the prior consent of, or in 
consultation with, or at the request or suggestion of, the candidate or 
any agent or authorized committee of such candidate.
(A) Such independent expenditures must be made in accordance with the 
requirements of 11 CFR Part 109.
(B) The delegate committee shall report the portion of the expenditure 
allocable to the Federal candidate as an independent expenditure in 
accordance with 11 CFR 109.2.
(3) Republication of candidate materials. Expenditures made to finance 
the dissemination, distribution or republication, in whole or in part, 
of any broadcast or materials prepared by a Federal candidate are in-
kind contributions to the candidate.
(i) Such expenditures are subject to the contribution limitations of 11 
CFR 110.1. The delegate committee shall report the expenditure as a 
contribution in-kind.
(ii) The Federal candidate's authorized committee shall report the 
expenditure as a contribution pursuant to 11 CFR Part 104.
(iii) Such expenditures are not chargeable to the presidential 
candidate's expenditure limitation under 11 CFR 110.8 unless they were 
made with the cooperation or with the prior consent of, or in 
consultation with, or at the request or suggestion of, the candidate or 
any agent or authorized committee of such candidate.
(4) For purposes of this paragraph, ``direct mail'' means any 
mailing(s) by commercial vendors or any mailing(s) made from lists that 
were not developed by the delegate committee or any participating 
delegate.
(j) Affiliation of delegate committees with a Presidential candidate's 
authorized committee. (1) For purposes of the contribution limits of 11 
CFR 110.1 and 110.2, a delegate committee shall be considered to be 
affiliated with a Presidential candidate's authorized committee if both 
such committees are established, financed, maintained or controlled by 
the same person, such as the Presidential candidate, or the same group 
of persons.
(2) Factors the Commission may consider in determining whether a 
delegate committee is affiliated under paragraph (j)(1) of this section 
with a Presidential candidate's authorized committee may include, but 
are not limited to:
(i) Whether the Presidential candidate or any other person associated 
with the Presidential authorized committee played a significant role in 
the formation of the delegate committee;
(ii) Whether any delegate associated with a delegate committee is or 
has been a staff member of the Presidential authorized committee;
(iii) Whether the committees have common or overlapping officers or 
employees;
(iv) Whether the Presidential authorized committee provides funds or 
goods in a significant amount or on an ongoing basis to the delegate 
committee, such as through direct or indirect payments for 
administrative, fundraising, or other costs, but not including the 
transfer to a committee of its allocated share of proceeds jointly 
raised pursuant to 11 CFR 102.17 or 9034.8;
(v) Whether the Presidential candidate or any other person associated 
with the Presidential authorized committee suggested, recommended or 
arranged for contributions to be made to the delegate committee;
(vi) Similar patterns of contributions received by the committees;
(vii) Whether one committee provides a mailing list to the other 
committee;
(viii) Whether the Presidential authorized committee or any person 
associated with that committee provides ongoing administrative support 
to the other committee;
(ix) Whether the Presidential authorized committee or any person 
associated with that committee directs or organizes the specific 
campaign activities of the delegate committee; and
(x) Whether the Presidential authorized committee or any person 
associated with that committee files statements or reports on behalf of 
the delegate committee.
(k) Affiliation between delegate committees. Delegate committees will 
be considered to be affiliated with each other if they meet the 
criteria for affiliation set forth at 11 CFR 100.5(g).
E. Guide to the 2000 Delegate Selection Rules and the Call for the 2000 
Democratic Convention*

This Guide was prepared to aid state Democratic parties with developing 
their Delegate Selection Plans for the 2000 Democratic National 
Convention. Provisions of the 2000 Delegate Selection Rules (``Rules'') 
and the Call for the 2000 Convention (``Call'') are explained in simple 
language.
The explanations given below, also indicate how and where state Plans 
should reflect the necessary language. This information should assist 
state parties in writing their Plans to comply with the Rules, the 
Call, and the DNC Rules and Bylaws Committee Regulations (``Regs.'') To 
help illustrate exactly how a rule or regulation is reflected in a 
fully-written Plan, references to any corresponding rules, regulations 
and the Model Plan are also included below.
The interpretations of the rules as presented in this Guide are for 
informational purposes only and should not be used in place of the 
rules.

                                CONTENTS
2000 DELEGATE SELECTION RULES
    Rule 1                           Publication and Submission      158
                                      of State Party Rules.
    Rule 2                           Participation.............      159
    Rule 3                           Scheduling of Delegate          160
                                      Selection Meetings.
    Rule 4                           An Open Party.............      160
    Rule 5                           Non-Discrimination........      162
    Rule 6                           Affirmative Action........      162
    Rule 7                           National Convention             164
                                      Delegate Apportionment.
    Rule 8                           Unpledged and Pledged           164
                                      Party Leader and Elected
                                      Official Delegates.
    Rule 9                           Selection of At-Large           166
                                      Delegates.
    Rule 10                          Timing of the Delegate          167
                                      Selection Process.
    Rule 11                          Presidential Preference...      167
    Rule 12                          Fair Reflection of              169
                                      Presidential Preferences.
    Rule 13                          Petition Requirements and       170
                                      Filing Deadlines.
    Rule 14                          Quorum Requirements.......      171
    Rule 15                          Proxy Voting..............      172
    Rule 16                          Unit Rule and Slate Making      172
    Rule 17                          Alternates and Vacancies..      172
    Rule 18                          DNC Rules and Bylaws            173
                                      Committee.
    Rule 19                          Challenges................      174
    Rule 20                          State Legislative Changes.      177

CALL FOR THE 2000 DEMOCRATIC NATIONAL CONVENTION
    Article I.                       Distribution of Delegate        178
                                      Votes.
    Article II.                      Qualifications of State         180
                                      Delegations.
    Article III.                     Delegates to be Selected        181
                                      No Later Than June 24,
                                      2000.
    Article IV.                      Certification Requirements      181
                                      for Delegates and
                                      Alternates.
    Article V.                       The 2000 Democratic             183
                                      National Convention
                                      Committee, Inc.
    Article VI.                      Presidential Candidates...      184
    Article VII.                     Standing Committees on          185
                                      Platform, Rules, and
                                      Credentials of the 2000
                                      Democratic National
                                      Convention.
    Article VIII.                    Procedural Rules of the         190
                                      2000 Democratic National
                                      Convention.
APPENDIX
    A                                ..........................      198
    B                                ..........................      208
    C                                ..........................      212
    D                                ..........................      214

* Prepared by the DNC Rules and Bylaws Committee, December 1990.

2000 DELEGATE SELECTION RULES

These rules were adopted by the Democratic National Committee (``DNC'') 
on May 9, 1998. They provide certain standards that states must use as 
guidelines in the process of selecting delegates to the Convention. 
Within this framework for ensuring the process is conducted in a fair 
and open manner, a state party is allowed to devise its own particular 
system for choosing delegates and alternates.

Rule 1. Publication and Submission of State Party Rules
A. State parties shall adopt Affirmative Action and Delegate Selection 
Plans which contain explicit rules and procedures governing all aspects 
of the delegate selection process. These rules shall include, but are 
not limited to:
(1) Appointment of delegates and alternates at all levels;
(2) Timing of primary/caucuses/conventions;
(3) Procedures for electing delegates and alternates at all levels;
(4) Procedures providing for equal division in each state's convention 
delegation;
(5) Procedures providing for the selection of the chair of the 
delegation;
(6) Particulars concerning the scheduling of delegate selection 
meetings including methods by which each meeting or event will be 
publicized;
(7) Affirmative Action Plans in detail including affirmative action 
obligations of presidential candidates;
(8) All petition requirements and filing deadlines for delegates and 
alternate candidates and for presidential candidates;
(9) Procedures for ascertaining delegate/alternate preference at all 
stages;
(10) Procedures for presidential candidates right of approval;
(11) Method of awarding delegates and alternates to presidential 
candidates;
(12) Methods and timetable for the selection of permanent standing 
committee members;
(13) Methods and timetable for the selection of temporary standing 
committee members;
(14) Procedures for challenges of the delegate selection and 
affirmative action processes;
(15) Methods and timetable for the selection of convention pages; and
(16) Other appropriate provisions from these Rules, the Call and the 
Regulations.
B. The following items are to be routinely included at an appropriate 
place in each state plan:
(1) Eligibility requirements for participation in the delegate 
selection process in conformance with Rule 2 [Rule 2];
(2) Prohibition of cost and fees [Rule 2.D.];
(3) Prohibition of participation by those participating in another 
party's process [Rule 2.E.];
(4) One-meeting limitation for first-stage participants [Rule 3.E.];
(5) ``Six basic elements'' of an open party [Rule 4];
(6) Non-discrimination principles [Rule 5];
(7) Requirement that all steps take place within calendar year of 
convention [Rule 10.B.];
(8) Required identification of preference of candidates for delegate 
and alternate [Rule 11.A.];
(9) Protection against coerced vote [Rule 11.I.];
(10) Quorum requirements [Rule 14];
(11) Proxy voting rules, if any [Rule 15];
(12) Unit rule prohibition [Rule 16.A.];
(13) Slate making limitations [Rule 16.B.]; and
(14) Succession of alternate to delegate statue and filling of 
vacancies in delegate positions [Rule 17].
C. Each state party shall provide for a thirty (30) day \1\ period of 
public comment to solicit opinion on the state's Affirmative Action 
Plan and Delegate Selection Plan prior to adoption. All written public 
comments submitted to the state Democratic Committee shall be submitted 
along with the plans to the Rules and Bylaws Committee of the 
Democratic National Committee (``DNC Rules and Bylaws Committee'').
---------------------------------------------------------------------------
\1\ Unless otherwise explicitly specified, reference in these Rules to 
``day'' or ``days'' means ``calendar days.'' If the last day of a 
period falls on a Saturday, Sunday or a federally recognized holiday, 
the time period shall be extended to the next business day.
---------------------------------------------------------------------------
D. State Delegate Selection and Affirmative Action Plans shall be 
submitted to the DNC Rules and Bylaws Committee for approval on or 
before May 1, 1999.
E. The DNC Rules and Bylaws Committee shall act on the proposed plans 
as soon as practicable, but in no case later than September 16, 1999. 
Its decision shall be final and binding.
F. Implementation of state Affirmative Action Plans shall begin no 
later than September 16, 1999.
G. State Delegate Selection Plans shall specify the methods and 
timetable to be followed in selecting permanent and temporary members 
of standing committees of the national convention. These provisions 
shall be in conformity with the rules to be contained in the Call for 
the 2000 Convention.
H. The Democratic National Committee (``DNC'') and the state parties 
shall publish and make available at no cost their rules, the 2000 
National Delegate Selection Rules, and a clear and concise explanation 
of how Democratic voters can participate in the delegate selection 
process. The DNC shall prepare and provide at no cost to state parties 
a clear and concise explanation of the 2000 Delegate Selection Rules. 
This shall be done no later than October 1 of the calendar year 
immediately preceding the calendar year of the national convention.

Rule 2. Participation
A. Participation in the delegate selection process shall be open to all 
voters who wish to participate as Democrats. Implementation of this 
administrative matter shall be delegated to the DNC Rules and Bylaws 
Committee.
B. Nothing in these rules shall be interpreted to encourage or permit 
states with party registration and enrollment, or states that limit 
participation to Democrats only, to amend their systems to open 
participation to members of other parties.
C. State parties shall take all feasible steps to encourage non-
affiliated and new voters to register or enroll, to provide simple 
procedures through which they may do so and to eliminate excessively 
long waiting periods for voters wishing to register or to change their 
party enrollment status. In all caucuses or conventions conducted 
pursuant to these rules, all Democrats who comply with Rule 2.A. shall 
be allowed to participate.
D. At no stage of the delegate selection process shall any person be 
required, directly or indirectly, to pay a cost or fee as a condition 
for participating in the delegate selection process. Voluntary 
contributions to the Party may be made, but under no circumstances 
shall a contribution be mandatory for participation.
E. No person shall participate or vote in the nominating process for a 
Democratic presidential candidate who also participates in the 
nominating processes of any other party for the corresponding 
elections.

Rule 3. Scheduling of Delegate Selection Meetings
A. All official Party meetings and events related to the national 
convention delegate selection process, including caucuses, conventions, 
committee meetings, filing dates, and Party enrollment periods, shall 
be scheduled for dates, times and public places which would be most 
likely to encourage the participation of all Democrats, and must begin 
and end at reasonable hours.
B. All such meetings or events which are the first meeting or event in 
the delegate selection process shall be scheduled at times and dates 
which are uniform throughout the state, except where it is established 
by the state party and approved by the DNC Rules and Bylaws Committee 
that such uniform times and dates would significantly reduce 
participation in the delegate selection process.
C. The times, dates, places and rules for the conduct of all caucuses, 
conventions, meetings and other events involved in the delegate 
selection process shall be effectively publicized by the Party 
organization, official, candidate or member calling the same.
D. Concise statements in advance of all meetings and events concerning 
the relationship between the business to be conducted and the delegate 
selection process shall be effectively publicized by the Party 
organization, official, candidate or member calling the same.
E. No person shall participate in more than one meeting which is the 
first meeting in the delegate selection process.

Rule 4. An Open Party
A. The Democratic National Committee reaffirms its commitment to the 
1964 resolution, and requires the national and state parties to 
incorporate the Six Basic Elements, as updated, into their Party rules 
and to take appropriate steps to secure their implementation.
B. The 1964 Democratic National Convention adopted a resolution which 
conditioned the seating of delegates at future conventions on the 
assurances that discrimination in any state party affairs on the ground 
of race, color, creed or national origin did not occur. The 1968 
Convention adopted the 1964 Convention resolution for inclusion in the 
Call for the 1972 Convention. In 1966, the Special Equal Rights 
Committee which had been created in 1964, adopted six anti-
discrimination standards--designated as the Six Basic Elements, which, 
as updated, are as follows:
(1) All public meetings at all levels of the Democratic Party in each 
state should be open to all members of the Democratic Party regardless 
of race, sex, age, color, creed, national origin, religion, ethnic 
identity, sexual orientation, economic status or physical disability 
(hereinafter collectively referred to as ``status'').
(2) No test for membership in, nor any oaths of loyalty to, the 
Democratic Party in any state should be required or used which has the 
effect of requiring prospective or current members of the Democratic 
Party to acquiesce in, condone or support discrimination based on 
``status.''
(3) The time and place for all public meetings of the Democratic Party 
on all levels should be publicized fully and in such manner as to 
assure timely notice to all interested persons. Such meetings must be 
held in places accessible to all Party members and large enough to 
accommodate all interested persons.
(4) The Democratic Party, on all levels, should support the broadest 
possible registration without discrimination based on ``status.''
(5) The Democratic Party in each state should publicize fully and in 
such a manner as to assure notice to all interested parties a full 
description of the legal and practical procedures for selection of 
Democratic Party officers and representatives on all levels. 
Publication of these procedures should be done in such fashion that all 
prospective and current members of each state Democratic Party will be 
fully and adequately informed of the pertinent procedures in time to 
participate in each selection procedure at all levels of the Democratic 
Party organization.
(6) The Democratic Party in each state should publicize fully and in 
such a manner as to assure notice to all interested parties a complete 
description of the legal and practical qualifications of all positions 
as officers and representatives of the state Democratic Party. Such 
publication should be done in timely fashion so that all prospective 
candidates or applicants for any elected or appointed position within 
each state Democratic Party will have full and adequate opportunity to 
compete for office.
C. These provisions demonstrate the intention of the Democratic Party 
to ensure a full opportunity for all ``status'' (as defined in Rule 
4.B.(1)) members to participate in the delegate selection process.

Rule 5. Non-Discrimination
A. In order that the Democratic Party at all levels be an open Party 
which includes rather than excludes people from participation, a 
program of effective affirmative action is hereby adopted.
B. Discrimination on the basis of ``status'' in the conduct of 
Democratic Party affairs is prohibited.
C. In order to continue the Democratic Party's ongoing efforts to 
include groups historically under-represented in the Democratic Party's 
affairs, by virtue of race/ethnicity, age, sexual orientation or 
disability, each state party shall develop and submit party outreach 
programs, including recruitment, education and training, in order to a 
achieve full participation by such groups and diversity in the delegate 
selection process and at all levels of Party affairs.

Rule 6. Affirmative Action
A. In order to encourage full participation by all Democrats in the 
delegate selection process and in all Party affairs, the national and 
state Democratic Parties shall adopt and implement affirmative action 
programs with specific goals and timetables for African Americans, 
Hispanics, Native Americans, Asian/Pacific Americans and women.
(1) The goal of such affirmative action shall be to encourage 
participation in the delegate selection process and in Party 
organizations at all levels by the aforementioned groups as indicated 
by their presence in the Democratic electorate.
(2) This goal shall not be accomplished either directly or indirectly 
by the Party's imposition of mandatory quotas at any level of the 
delegate selection process or in any other Party affairs.
(3) In the selection of each state's at-large delegation, priority of 
consideration shall be given to African Americans, Hispanics, Native 
Americans, Asian/Pacific Americans and women, if such priority of 
consideration is needed to fulfill the affirmative action goals 
outlined in the state's Delegate Selection Plan. Such remedial action 
is necessary in order to overcome the effects of past discrimination. 
Use of the at-large delegation to fulfill the plan's affirmative action 
goals does not obviate the need for the state party to conduct outreach 
activities such as recruitment, education and training. Priority of 
consideration shall also be given to other groups as described in Rule 
5.(C), which are under-represented in Democratic Party affairs, in 
order to assist in the achievement of full participation by these 
groups.
B. Performance under an approved Affirmative Action Plan and 
composition of the convention delegation shall be considered relevant 
evidence in the challenge to any state delegation. If a state party has 
adopted and implemented an approved affirmative action program, the 
state party shall not be subject to challenge based solely on 
delegation composition or primary results.
C. State Delegate Selection Plans shall provide for equal division 
between delegate men and delegate women and alternate men and alternate 
women within the state's entire convention delegation. For purposes of 
this rule, the entire delegation includes all pledged delegates and 
alternates and unpledged delegates (including unpledged party leaders 
and elected official delegates and unpledged all-on delegates).
(1) State Delegate Selection Plans shall, as far as mathematically 
practicable, also provide the equal division between district-level 
delegate men and delegate women and district-level alternate men and 
alternate women.
(2) The DNC Rules and Bylaws Committee shall have continuing 
jurisdiction to ensure compliance with this equal division requirement. 
No at-large delegate or alternate from a state shall be placed on the 
temporary roll of the 2000 Democratic National Convention unless the 
Rules and Bylaws Committee has certified to the Secretary of the 
Democratic National Committee that such state's delegation complies 
with this equal division rule. It shall be the duty of the DNC Rules 
and Bylaws Committee to determine such compliance as soon as 
practicable following the certification of the state's at-large 
delegates and alternates.
(3) Notwithstanding sub-paragraph A.(2) above, equal division at any 
level of delegate or committee positions between delegate men and 
delegate women or committeemen and committeewomen shall not constitute 
a violation of any provision thereof.
D. For purposes of providing adequate notice of the delegate selection 
process under Rule 3, the times, dates, places and rules for the 
conduct of all caucuses, conventions, meetings and other events 
involved in the delegate selection process shall be effectively 
publicized, bilingually where necessary, to encourage the participation 
of minority groups.
E. State Democratic Parties shall ensure that district lines used in 
the delegate selection process are not gerrymandered to discriminate 
against African Americans, Hispanics, Native Americans, Asian/Pacific 
Americans and women.
F. Each state Affirmative Action Plan shall provide for the appointment 
of a representative state Affirmative Action Committee by March 1, 
1999.
G. Each state affirmative action program shall include outreach 
provisions to encourage the participation and representation of persons 
of low and moderate income, and a specific plan to help defray expenses 
of those delegates otherwise unable to participate in the national 
convention.
H. State parties in their Delegate Selection Plans shall impose 
reasonable specific affirmative action obligations upon candidates 
consistent with the delegate selection system employed by the state.
(1) State parties shall require presidential candidates to submit 
statements that specify which steps such candidates will take to 
encourage full participation in their delegate selection process, 
including, but not limited to, procedures by which persons may file as 
candidates for delegate or alternate.
(2) State parties shall require presidential candidates to submit 
demographic information with respect to candidates for delegate and 
alternate pledged to them.
I. Presidential candidates (including uncommitted status) shall use 
their best efforts to ensure that their respective delegations within a 
state's delegation shall achieve the affirmative action goals 
established by the state's Delegate Selection Plan and that the 
respective delegations of each presidential candidate within the 
state's delegation shall be equally divided between men and women.

Rule 7. National Convention Delegate Apportionment
A. Apportionment of district-level delegates within states shall be 
based on one of the following:
(1) A formula giving equal weight to total population and to the 
average of the vote for the Democratic candidates in the two most 
recent presidential elections;
(2) A formula giving equal weight to the vote for the Democratic 
candidates in the most recent presidential and gubernatorial elections;
(3) A formula giving equal weight to the average of the vote for the 
Democratic candidates in the two most recent presidential elections and 
to Democratic Party registration or enrollment as of January 1, 2000; 
or
(4) A formula giving one-third (\1/3\) weight to each of the formulas 
in items (1), (2), and (3).
B. Apportionment for each body selecting delegates to state, district, 
and county conventions shall be based upon population and/or some 
measure of Democratic strength.
C. The Call for the 2000 Convention shall state the base delegation for 
each delegation. Seventy-five percent (75%) of each state's base 
delegation shall be elected at the congressional district level or 
lower. Twenty-five percent (25%) of each state's base delegation shall 
be elected at large. Delegates so elected shall hereafter be termed 
``district-level'' and ``at-large'' delegates, respectively. Each State 
Democratic Chair shall certify all delegates in writing to the 
Secretary of the DNC.
D. In those states with more than one congressional district, after the 
election of district-level delegates and prior to the selection of at-
large delegates, each State Democratic Chair shall certify pledged 
party leader and elected official delegates equal to 15% of the state's 
base delegation selected pursuant to Rule 8.
E. In states with one congressional district, the election of district-
level and at-large delegates and alternates may take place at the same 
meeting, provided that affirmative action and fair reflection 
guidelines are met and the Democratic Chair of each such state shall 
make the certifications required by subsection 7.D.

Rule 8. Unpledged and Pledged Party Leader and Elected Official 
Delegates
A. The procedure to be used for certifying unpledged party leader and 
elected official delegates is as follows:
Not later than March 1, 2000, the Secretary of the Democratic National 
Committee shall officially confirm to each State Democratic Chair the 
names of the following unpledged delegates who legally reside in their 
respective state and who shall be recognized as part of their state's 
delegation:
(1) The individuals recognized as members of the DNC (as set forth in 
Article Three, Sections 2 and 3 of the Charter of the Democratic Party 
of the United States); and,
(2) The Democratic President and the Democratic Vice President of the 
United States, if applicable; and,
(3) All Democratic members of the United States House of 
Representatives and all Democratic members of the United States Senate; 
and,
(4) The Democratic Governor,\2\ if applicable; and,
---------------------------------------------------------------------------
\2\ The Mayor of the District of Columbia, if a Democrat, shall be 
treated as a Democratic Governor.
---------------------------------------------------------------------------
(5) All former Democratic Presidents, all former Democratic Vice 
Presidents, all former Democratic Leaders of the U.S. Senate, all 
former Democratic Speakers of the U.S. House of Representatives and 
Democratic Minority Leaders, as applicable, and all former Chairs of 
the Democratic National Committee.
B. Following the selection of district-level delegates, and prior to 
the selection of pledged party leader and elected official delegates, 
unpledged add-on delegates shall be selected according to the following 
procedures:
(1) Unpledged add-on delegates may be selected by either the same 
selecting body which will select the state's party leader and elected 
official delegates, or by the same selecting body which will select the 
state's at-large delegates and alternates.
(2) The equal division and affirmative action provisions of Rule 9.A. 
apply to the selection of unpledged add-on delegates.
(3) The list from which the selecting body chooses the unpledged add-on 
delegates shall contain the same minimum number of names for every such 
add-on position to be filled as the minimum number of names required by 
the state's delegate selection plan to remain on the list of bona fide 
supporters for each at-large and pledged party leader and elected 
official delegate pursuant to Rule 11.E.(2).
(4) Unpledged add-on delegates are not entitled to alternates, and 
neither shall the delegation be entitled to a replacement, except in 
the case of death.
(5) Unpledged add-on delegates may be selected whether or not they 
previously filed a statement of candidacy for a delegate position or 
submitted a pledge of support for a presidential candidate.
C. Following the selection of unpledged add-on delegates under 8.B., 
pledged party leader and elected official delegates are to be selected 
subject to the following procedures:
(1) Persons shall be considered for pledged party leader and elected 
official delegates and alternates according to the following priority: 
big city mayors and state-wide elected officials to be given equal 
consideration; state legislative leaders, and state legislators, and 
other state, county and local elected officials and party leaders.
(2) These slots shall be allocated on the same basis as the state's at-
large delegates.
(3) If persons eligible for pledged party leader and elected official 
delegate positions have not made known their presidential preference 
under the procedures established by the state pursuant to Rule 11 for 
candidates for district-level and at-large delegate positions, their 
preferences shall be ascertained through alternative procedures 
established by the state party, which shall require a signed pledge of 
support for a presidential candidate. Such an alternative system shall 
have a final deadline for submitting a pledge of support after the 
selection of all district-level delegates has been completed and must 
provide an opportunity for disapproval by the presidential candidate or 
the candidate's authorized representative.
D. A state's party leader and elected official delegates may be chosen 
by a state convention \3\ or by a committee consisting of a quorum of 
district-level delegates. They may also be chosen by the State Party 
Committee, as recognized by the Democratic National Committee, but only 
if the state's Delegate Selection Plan is in full compliance with these 
rules, and provided:
---------------------------------------------------------------------------
\3\ For the purpose of this section (D), a ``state convention'' shall 
not include a State Party Committee acting as a state convention where 
the state's Delegate Selection Plan is not in full compliance with 
these rules.
---------------------------------------------------------------------------
(1) Membership on the State Party Committee is apportioned on the basis 
of population and/or some measure of Democratic strength;
(2) Members of the State Party Committee have been elected through open 
processes in conformity with the basic procedural guarantees utilized 
for delegate selection;
(3) Such delegates are elected at a public meeting subsequent to the 
election of district-level delegates;
(4) Members of the State Party Committee exercising such authority 
shall have been elected no earlier than the date of the previous 
presidential election; and
(5) Membership of the State Party Committee complies with the equal 
division requirements of Article 9, Section 16 of the Charter of the 
Democratic Party of the United States.
E. Except as provided in 8.A. above, no person shall serve as an 
automatic delegate at any level of the delegate selection process by 
virtue of holding a public or party office.

Rule 9. Selection of At-Large Delegates
A. The selection of at-large delegates shall be used, if necessary, to 
achieve the equal division of positions between men and women and the 
representation goals established in the state's party's Affirmative 
Action Plan. Such goals apply to the state's entire delegation 
considered as a whole. For purposes of this rule, the entire delegation 
includes all unpledged as well as all pledged delegates. Delegates and 
alternates shall each, as a group, be equally divided and, to the 
extent possible, each as a group shall reflect the representation goals 
established in the state's Affirmative Action Plan.
B. A state's at-large delegates and alternates shall be selected by one 
of the bodies, subject to the same conditions specified in Rule 8.D. 
above, provided, however, the State Party Committee may choose such 
delegates and alternates only if the state's Delegate Selection Plan is 
in full compliance with these rules.
C. At-large delegates and alternates (including pledged party leader 
and elected official delegates, which shall include those to be 
allocated to uncommitted status) in primary states shall be allocated 
according to the state-wide primary vote or, in states holding no 
state-wide primary, according to the division of preferences among 
convention and caucus participants. In non-primary states which do not 
hold state conventions authorized to elect delegates, at-large 
delegates shall be apportioned according to the division of preference 
among district-level delegates at the time of district-level selection. 
If a presidential entitled to an allocation under this rule is no 
longer a candidate at the time at-large delegates are selected, his/her 
allocation shall be proportionately divided among the other preferences 
entitled to an allocation.

Rule 10. Timing of the Delegate Selection Process
A. No meetings, caucuses, conventions or primaries which constitute the 
first determining stage in the presidential nomination process (the 
date of the primary in primary states, and the date of the first tier 
caucus in caucus states) may be held prior to the first Tuesday in 
March or after the second Tuesday in June in the calendar year of the 
national convention. Provided, however, that the Iowa precinct caucuses 
may be held no earlier than 15 days before the first Tuesday in March; 
that the New Hampshire primary may be held no earlier than 7 days 
before the first Tuesday in March; that the Maine first tier caucuses 
may be held no earlier than 2 days before the first Tuesday in March. 
In no instance may a state which scheduled delegate selection 
procedures on or between the first Tuesday in March and the second 
Tuesday in June 1984 move out of compliance with the provisions of this 
rule.
B. All steps in the delegate selection process, including the filing of 
presidential candidates, must take place within the calendar year of 
the Democratic National Convention (except as otherwise provided in 
these rules).

Rule 11. Presidential Preference
A. All candidate for delegate and alternate in caucuses, conventions, 
committees and on primary ballots shall be identified as a presidential 
preference on uncommitted status at all levels of a process which 
determine presidential preference.
B. All persons wishing to be elected to a district-level or at-large 
delegate position must file a statement of candidacy designating the 
presidential or uncommitted preference of the delegate candidate and a 
signed pledge of support for the presidential candidate (including 
uncommitted status) the person favors, if may, with the state party by 
a date certain as specified in the state's Delegate Selection Plan. 
Persons wishing to be elected as pledged party leader and elected 
official delegates shall comply with Rule 8.C.(3).
C. All candidates considered for district-level alternate positions 
must meet the same requirements as candidates for district-level 
delegate positions, except that the state may allow candidates who were 
to chosen at the delegate level to be considered at the alternate 
level.
D. Prior to the selection of national convention delegates and 
alternates, the same party shall convey to the presidential candidates, 
or that candidate's authorized representative(s), a list of all persons 
who have filed for delegate or alternate positions pledged to that 
presidential candidate. All such delegate and alternate candidates 
shall be considered bona fide supporters of the presidential candidate 
whom they have pledge to support, unless the presidential candidate, or 
that candidate's authorized representative(s), signifies otherwise in 
writing to the state party by a date certain as specified in that 
state's Delegate Selection Plan.
(1) Presidential candidates shall certify in writing to the Democratic 
State Chair the name(s) of their authorized representative(s) by a date 
certain.
(2) In state where delegates are voted upon on the ballot, the date by 
which the presidential candidate, or that candidate's authorized 
representative(s), signifies approval or disapproval of the list of 
delegate and alternate candidates in writing to the state party as 
required by Rule 11.D., must allow sufficient time to ensure that names 
removed from the list do not appear on the ballot.
E. National convention delegate and alternate candidates removed from 
the list of bona fide supporters by a presidential candidate, or that 
candidate's authorized representative(s), may not be elected as a 
delegated or alternate at that level of pledged to that presidential 
candidate (including uncommitted status).
(1) Presidential candidates may not remove any candidate for a 
district-level delegate or alternate position from the list of bona 
fide supporters unless, at a minimum, three (3) names remain for every 
such position to which the presidential candidate is entitled. 
Provided, however, that in states where individual district-level 
delegates and alternates are voted upon on the ballot, the presidential 
candidate, or that candidate's authorized representative(s), may 
approve a number of delegate candidates or alternate candidates equal 
to or greater than the number of delegates or alternates allocated to 
the district.
(2) Presidential candidates (including uncommitted status), in 
consultation with the state party, may remove any candidate for at-
large and pledged party leader and elected official delegate or 
alternate position from the list of bona fide supporters as long as, at 
a minimum, one (1) name remains for every national convention delegate 
or alternate position to which the presidential candidate is entitled, 
except that a state may provide in its delegate selection plan, if the 
plan is approved by the Rules and Bylaws Committee, that presidential 
candidates (including uncommitted status), may remove any candidate for 
an at-large and party leader and elected official delegate or alternate 
position from the list of bona fide supporters as long as, at a 
minimum, two (2) names remain in for every position to which the 
presidential candidate is entitled.
F. State parties shall ensure that state Delegate Selection Plans 
provide fair and adequate time for persons to file for delegate or 
alternate positions, and for presidential candidates, or their 
authorized representative(s), to review the list of persons  who have 
filed, and to remove from that list persons not confirmed by the 
presidential candidate or his/her representatives(s) as bona fide 
supporters of the presidential candidate.
G. Except in states where individual delegates and alternates are 
selected on the ballot, district-level national convention delegates 
and alternates pledged to a presidential candidate (including 
uncommitted status) shall be selected or nominated by a caucus of 
persons from the unit electing the delegates and alternates who sign 
statements of support for that presidential candidate. Uncommitted 
delegates and alternates shall be elected by the uncommitted caucus 
from the appropriate unit.
H. A district-level delegate and alternate candidate may run for 
election only within the district in which he or she is registered to 
vote. For purposes of these rules, all delegates and alternates must be 
bona fide Democrats who have the interests, welfare and success of the 
Democratic Party of the United States at heart, who subscribe to the 
substance, intent and principles of the Charter and the Bylaws of the 
Democratic Party of the United States, and who will participate in the 
Convention in good faith.
I. No delegate at any level of the delegate selection process shall be 
mandated by law or Party rule to vote contrary to that person's 
presidential choice as expressed at the time the delegate is elected.
J. Delegates elected to the national convention pledged to a 
presidential candidate shall in all good conscience reflect the 
sentiments of those who elected them.
K. (1) Based on the right of the Democratic Party to freely assemble 
and to determine the criteria for its candidates, it is determined that 
all candidates for the Democratic nomination for President or Vice 
President shall:
(a) be registered to vote, and shall have been registered to vote in 
the last election for the office of President and Vice President; and
(b) have demonstrated a commitment to the goals and objectives of the 
Democratic Party as determined by the National Chair and will 
participate in the Convention in good faith.
(2) It is further determined that these requirements are in addition to 
the requirements set forth by the United States Constitution and any 
law of the United States.

Rule 12. Fair Reflection of Presidential Preferences
A. Delegates shall be allocated in a fashion that fairly reflects the 
expressed presidential preference or uncommitted status of the primary 
voters or, if there is no binding primary, the convention and/or caucus 
participants.
B. States shall allocate district-level delegates and alternates in 
proportion to the percentage of the primary or caucus vote won in that 
district by each preference, except that preference falling below a 15% 
threshold shall not be awarded any delegates. Subject to section F. of 
this rule, no state shall have a threshold above or below 15%. States 
which use a caucus/convention system, shall specify in their Delegate 
Selection Plans the caucus level at which such percentages shall be 
determined.
C. A presidential candidate or his/her authorized representatives(s) 
should act in good faith to slate delegate and alternate candidates, 
however, in any event, if a presidential candidate (including 
uncommitted status) has qualified to receive delegates and alternates 
but has failed to slate a sufficient number of delegate and alternate 
candidates then additional delegates and alternates for that preference 
will be selected in a special post-primary procedure. The State Party 
will administer special post-primary procedures according to rules 
approved by the DNC Rules and Bylaws Committee and such procedures 
should be set forth in the state's delegate selection plan, where 
applicable.
D. District-level delegates and alternates shall be allocated according 
to the following procedures:
Step 1: Tabulate the percentage of the vote that each presidential 
preference (including uncommitted status) receives in the congressional 
district to three decimals.
Step 2: Retabulate the percentage of the vote to three decimals, 
received by each presidential preference excluding the votes of 
presidential preferences whose percentage in Step 1 falls below 15%.
Step 3: Multiply the number of delegates to be allocated by the 
percentage received by each presidential preference.
Step 4: Delegates shall be allocated to each presidential preference 
based on the whole numbers which result from the multiplication in Step 
3.
Step 5: Remaining delegates, if any, shall be awarded in order of the 
highest fractional remainders in Step 3.
E. At-large and pledged party leader and elected official delegate and 
alternate positions shall be allocated to presidential preferences by 
reference to primary or convention votes or to the division of 
preference among district-level delegates or alternates, as the case 
may be, as specified in Rule 9.C., except that a preference falling 
below a threshold of 15% shall not be awarded any delegates or 
alternates at this level. Such delegates and alternates in primary 
states shall be allocated to presidential preference (including 
uncommitted status) according to the statewide primary vote.
F. In all situations where no preference reaches the applicable 
threshold, the threshold shall be the percentage of the vote received 
at each level of the delegate selections process by the front-runner 
minus 10 percent.
G. Under no circumstances shall the use of single-delegate districts be 
permitted.
H. For the purpose of fairly reflecting the division of preferences, 
the non-binding advisory presidential preference portion of primaries 
shall not be considered a step in the delegate selection process.

Rule 13. Petition Requirements and Filing Deadlines
A. If a state requires the filing of petitions with the signatures of 
registered/enrolled voters as the sole method to place a presidential 
candidate's name on the primary ballot in connection with the 
Democratic presidential nominating process, such number of valid 
signatures shall not exceed 5,000.
B. If a state requires the payment of a fee in order to place a 
presidential candidate's name on the ballot in connection with the 
Democratic presidential nominating process, such fee shall not exceed 
$2,500.
C. If a state requires the filing of a petition with the signatures of 
registered/enrolled voters in order to have a delegate/alternate 
candidate gain access to the primary ballot in connection with the 
Democratic presidential nominating process, the number of valid 
signatures shall not exceed either one half of one percent (.5%) of the 
registered/enrolled Democrats in such district or one half of one 
percent (.5%) of the total votes in such district for all Democratic 
presidential candidates (including uncommitted) during the immediately 
preceding presidential nominating process, whichever is lower, but in 
no event shall the number of valid signatures required to exceed 1,000.
D. Subject to the prior sections of this rule, the number of valid 
signatures required of a presidential candidate to file a petition to 
gain !access to the primary ballot, and the number of valid signatures 
required of a delegate/alternate candidate to gain access to the 
primary ballot, and the fees required to be paid to the state by a 
presidential candidate and by a delegate/alternate candidate to gain 
access to the primary ballot, in connection with the Democratic 
presidential nominating process, shall not exceed those in effect in 
the particular state as of January 1, 1994.
E. No deadline for the filing of petitions for participation in the 
presidential nomination process by a presidential candidate shall be 
less than 30 days in advance of the primary or caucus nor more than 75 
days in advance of the primary caucus.
F. No candidate for delegate or alternate shall be required to file a 
statement of candidacy or a pledge of support as required by Rule 11.B. 
prior to 30 days before such delegate or alternate candidate is to be 
selected or elected in a primary, caucus or pre-primary caucus; 
provided, however, that in states holding a presidential primary where 
individual district-level delegates or alternates are to be voted upon 
on the ballot, no candidate for delegate or alternate shall be required 
to submit or file a statement of candidacy or a pledge of support prior 
to 90 days before the date on which they are to be voted upon.
G. No candidate for at-large or pledged party leader and elected 
official delegate or alternate shall be required to file a statement of 
candidacy or a pledge of support required by Rule 11.B. prior to 30 
days before the date when the delegate or alternate is to be selected 
or voted upon.
H. No state's delegate selection rules may require the filing of 
district-level delegate or alternate candidates pledged to a 
presidential candidate or uncommitted status as a condition of access 
by a presidential candidate to the primary ballot for voting upon 
presidential preference.

Rule 14. Quorum Requirements
No less than forty percent (40%) of the members of any Party body above 
the first level of the delegate selection process shall constitute a 
quorum for any business pertaining to the selection of convention 
delegates.

Rule 15. Proxy Voting
To ensure full participation in the delegate selection process, state 
party rules may, at their discretion, provide for proxy voting. Such 
rules shall allow an accredited participant in a caucus, convention or 
committee meeting, after having appeared at such meeting and having 
established credentials, to register the non-transferable proxy with 
another duly accredited participant at that meeting (except where an 
accredited alternate is present and eligible to serve as a 
replacement). No such rule shall allow a person to hold more than three 
(3) proxies at a time.

Rule 16. Unit Rule and Slate-Making
A. The unit rule, or any rule or practice whereby all members of a 
Party unit or delegation may be required to cast their votes in 
accordance with the will of a majority of the body, shall not be used 
at any stage of the delegate selection process.
B. Any individual or group of Democrats may sponsor or endorse a slate 
of candidates for convention delegates. But no slate may, by virtue of 
such endorsement, receive a preferential place on a delegate selection 
ballot or be publicly identified on the ballot as the official 
Democratic Party organization slate, and all slates must meet identical 
qualifying requirements for appearing on a ballot at all levels of the 
delegate selection process.

Rule 17. Alternates and Vacancies
A. Alternate delegates shall be selected by primary, convention or 
committee processes subject to the same National Party Rules applicable 
to the selection of delegates, except that the provisions of Rules 8.A. 
and 8.B. shall not apply to the election of alternates. Each State 
Democratic Chair shall certify all alternates in writing to the 
Secretary of the DNC.
B. If a given presidential preference is entitled to one or more 
delegate positions in a state but would not otherwise be entitled to an 
alternate position, that preference shall be allotted one at-large 
alternate position.
C. The proportions of alternates elected at the district level, and at-
large, and as pledged party leader and elected official alternates, may 
be the same as the proportions of delegates elected in those 
categories.
D. Each state Delegate Selection Plan shall specifically provide how 
and under what conditions an alternate is to replace or act in lieu of 
(collectively referred to as ``replace'' or ``replaces'') a delegate.
(1) Delegate Selection Plans may specify one or any combination of the 
following alternatives for permanent and temporary replacements;
(a) The delegate chooses the alternate;
(b) The delegation chooses the alternate;
(c) The alternate who receives the highest number of votes; or
(d) Such other process as protects the interests of presidential 
candidates, delegates and alternates.
(2) A permanent replacement occurs when a delegate resigns or dies 
prior to and during the National Convention and the alternate replaces 
the delegate for the remainder of the National Convention. Any 
alternate who permanently replaces a delegate shall be certified in 
writing to the Secretary of the DNC by the State Democratic Chair. He/
She shall be of the same presidential preference (including uncommitted 
status) and sex of the delegate he/she replaces, and to the extent 
possible shall be from the same political subdivision within the state 
as the delegate; except in the case where the presidential candidate 
has only one alternate, in which case, that alternate shall become the 
certified delegate.
(3) A temporary replacement occurs when a delegate is to be absent for 
a limited period of time during the convention and an alternate 
temporarily acts in the delegate's place. Any alternate who temporarily 
replaces a delegate must be of the same presidential preference 
(including uncommitted status) as the delegate he/she replaces, and to 
the extent possible shall be of the same sex and from the same 
political subdivision within the state as the delegate.
E. Delegates elected under the provisions of Rules 8.A. and 8.B. shall 
not be entitled to name a replacement under Rule 17.D., nor shall the 
state be entitled to a replacement except in case of death.
F. A vacant alternate position shall be filled by the delegation. The 
replacement shall be of the same presidential preference (or 
uncommitted status), of the same sex and, to the extent possible, from 
the same political subdivision as the alternate being replaced. Each 
replacement of a vacant alternate position shall be certified in 
writing to the Secretary of the DNC by the State Democratic Chair.

Rule 18. DNC Rules and Bylaws Committee
A. The DNC Rules and Bylaws Committee will assist in the administration 
enforce affirmative action and delegate selection requirements for the 
national land state Democratic Parties.
B. The DNC Rules and Bylaws Committee shall implement the Delegate 
Selection Rules in a manner consistent with these rules.
C. The DNC Rules and Bylaws Committee will provide state parties with a 
model Delegate Selection and Affirmative Action Plan.
D. The DNC Rules and Bylaws Committee shall:
(1) review Affirmative Action and Delegate Selection Plans submitted by 
state parties and approve or recommend changes in such plans;
(2) conduct periodic evaluations and provide technical assistance to 
state parties on affirmative action and delegate selection 
implementation;
(3) hear and recommend solutions to affirmative action complaints 
unresolved by appropriate state party bodies.
E. The DNC Rules and Bylaws Committee shall retain jurisdiction over 
the approval of amendments to state Delegate Selection Plans and state 
delegation compliance with equal division requirements, even after the 
Convention Credentials Committee assumes jurisdiction over challenges 
to the credentials of delegates.
F. No later than December 15, 1998, the DNC Rules and Bylaws Committee 
shall send to state parties its regulations adopted pursuant to these 
rules and a check list.
G. The DNC shall allocate sufficient financial resources and staff to 
implement this rule.

Rule 19. Challenges
A. Jurisdictional Challenges. Any challenges to a state party 
organization in respect to its status as the body entitled to sponsor a 
delegation from that state must be presented to the DNC at any time up 
to thirty (30) days prior to the initiation of the state's delegate 
selection process. Such a challenge must be brought by at least fifteen 
(15) Democrats from the state.

B. Submission, Non-Implementation and Violation Challenges. Failure to 
submit or implement an approved affirmative action program by the 
deadline specified in these rules shall constitute grounds for a 
challenge with the burden of proof on the challenged party.
(1) At any time up to thirty (30) days prior to the initiation of the 
state's delegate selection process, any group of not less than fifteen 
(15) Democrats in that state can challenge the affirmative action 
program on the basis of non-implementation of a specific requirement of 
a state plan, which challenge shall include reasonable documentation of 
alleged violations. (In such challenges, the challenging party shall 
have the burden of proof, but the challenged party shall present its 
case first.)
(a) In the absence of any such challenge, the implementation of any 
such program shall be presumptively in compliance.
(b) If challenged and upheld, the compliance of such implementation 
programs shall be conclusive but not as to compliance of no-compliance 
that may occur after the date of the challenge.
(2) Challenges regarding alleged violation of an approved Delegate 
Selection Plan shall first be brought to the appropriate state 
Democratic Party body for a  decision to be rendered within twenty-one 
(21) days. After due notice, any aggrieved party shall have the rights 
to appeal to the DNC Rules and Bylaws Committee within ten (10) days 
following the decision of the state body according to procedures 
established by DNC Rules and Bylaws Committee.
(3) The DNC Rules and Bylaws Committee shall either certify compliance, 
certify non-compliance or require corrective action after which 
compliance or non-compliance shall be certified.

C. (1) Violation of timing.
 In the event the Delegate Selection Plan of a state party provides or 
permits a meeting, caucus, convention or primary which constitutes the 
first determining stage in the presidential nominating process to be 
held prior to or after the dates for the state as provided in Rule 10 
of these rules, or in the event a state holds such a meeting, caucus, 
convention or primary prior to or after such dates, the number of 
district-level delegates allocated to the state pursuant to the Call 
for the National Convention shall be reduced by twenty-five (25%) 
percent, and the number of district-level alternates shall also be 
reduced by twenty-five (25%) percent. In addition, none of the members 
of the Democratic National Committee from that state shall be permitted 
to vote as members of the state's delegation, except that the Rules and 
Bylaws Committee may exempt a DNC member(s) from this provision, if it 
finds the DNC member(s) took provable positive steps pursuant to Rule 
20.B. to help the state plan achieve compliance with the applicable 
rule. In determining the actual number of delegates or a alternates by 
which the state's delegation district-level delegates and alternates 
are to be reduced, any fraction below .5 shall be rounded down to the 
nearest whole number, and any fraction of .5 or greater shall be 
rounded up to the next nearest whole number.
(2) Violation of proportional representation. In the event the Delegate 
Selection Plan of a state party provides or permits the pledged 
delegates or alternates to be allocated to presidential preference 
(including uncommitted status) other than as provided under Rule 12 of 
these rules, or in the event a state party, in fact, allocates its 
pledged delegates or alternates to presidential preference (including 
uncommitted status) other than as provided under Rule 12 of these 
rules, the delegation of the state shall be reduced by the same amount 
and as provided in section C.(1) of this rule.
(3) Violation of the threshold. In the event the Delegates Selection 
Plan of a state party provides or permits a threshold other than 
fifteen (15%) percent as set forth in Rule 12 of these rules, or in the 
event a state party in fact permits the implementation of a threshold 
other than fifteen (15%) percent as provided in Rule 12 of these rules, 
the delegation of the state shall be reduced by the same amount and as 
provided in section C.(1) of this rule.
(4) Upon a determination of the DNC Rules and Bylaws Committee that a 
state is in violation as set forth in subsections (1), (2) or (3) of 
section C. of this rule, the reductions required under those 
subsections shall become effective automatically and immediately and 
without further action of the DNC Rules and Bylaws Committee, the 
Executive Committee on the DNC, the DNC or the Credentials Committee of 
the Democratic National Convention.
(5) Nothing in the preceding subsections of this rule shall be 
construed to prevent the DNC Rules and Bylaws Committee from imposing 
additional sanctions, including, without limitation, those specified in 
subsection (6) of this section C., against a state party and against 
the delegation from the state which is subject to the provisions of any 
of subsections (1) through (3) of this section C., including, without 
limitation, establishing a committee to propose and implement a process 
which will result in the selection of a delegation from the affected 
state which shall (i) be broadly representative, (ii) reflect the 
state's division of presidential preference and uncommitted status and 
(iii) involve as broad participation as is practicable under the 
circumstances.
(6) Nothing in these rules shall prevent the DNC Rules and Bylaws 
Committee from imposing sanctions the Committee deems appropriate with 
respect to a state which the Committee determines has failed or refused 
to comply with these rules, where the failure or refusal of the state 
party is not subject to subsections (1), (2) or (3) of this section C. 
Possible sanctions include, but are not limited to: reduction of the 
state's delegation; pursuant to Rule 20.C., recommending the 
establishment of a committee to propose and implement a process which 
will result in the selection of a delegation from the affected state 
which shall (i) be broadly representative, (ii) reflect the state's 
division of presidential preference and uncommitted status and (iii) 
involve as broad participation as is practicable under the 
circumstances; reducing, in part or in whole, the number of the state's 
temporary and permanent members to the Standing Committees; reducing, 
in part or in whole, the number of guests, VIP and other passes/tickets 
to the National Convention and related functions; assignment of 
location of the state's delegates and alternates in the Convention 
hall; and assignment of the state's housing and other convention 
related facilities.
(7) In the event a state shall become subject to subsections (1), (2) 
or (3) of section C. of this rule as a result of state law but the DNC 
Rules and Bylaws Committee, after an investigation, including hearings 
if necessary, determines the state party and the other relevant 
Democratic party leaders and elected officials took all provable, 
positive steps and acted in good faith to achieve legislative changes 
to bring the state law into compliance with the pertinent provisions of 
these rules and determines that the state party and the other relevant 
Democratic party leaders and elected officials took all provable, 
positive steps and acted in good faith in attempting to prevent 
legislative changes which resulted in state law that fails to comply 
with the pertinent provisions of these rules, the DNC Rules and Bylaws 
Committee may determine that the state's delegation shall not be 
reduced. The state party shall have the burden of proving by clear and 
convincing evidence that it and the other relevant Democratic party 
leaders and elected officials took all provable, positive steps and 
acted in good faith to achieve legislative changes to bring the state 
law into compliance with the pertinent provisions of these rules and 
that it and the other relevant Democratic party leaders and elected 
officials took all provable, positive steps and acted in good faith in 
attempting to prevent the legislative changes which resulted in state 
law that fails to comply with the pertinent provisions of these rules.
(8) A state party may provide in its Delegates Selection Plan the 
specific method and procedures by which it will reduce its delegation 
pursuant to this Rule 19  in the event the state party delegation 
becomes subject to this Rule 19 by which the delegation must be reduced 
by twenty five (25%) percent, which specific method and procedures 
shall be subject to the review and approval of the DNC Rules and Bylaws 
Committee. In the event a state's Delegate Selection Plan does not 
provide for the specific method and procedures referred to in the 
immediately preceding sentence, or in the event the state's Delegate 
Selection Plan is either not approved by the DNC Rules and Bylaws 
Committee or the specific method and procedures referred to in the 
first sentence of this subsection (8) are not approved by the DNC Rules 
and Bylaws Committee, or in the event a state's Delegate Selection Plan 
specifies the method and procedures which have been approved by the DNC 
Rules and Bylaws Committee, but the state party fails or refuses to 
implement those specific method and procedures, and in the event the 
state's delegation is required to be reduced pursuant to this Rule 19, 
then the DNC Rules and Bylaws Committee shall, by lottery, or other 
appropriate method determined by the DNC Rules and Bylaws Committee, 
determine which delegates and alternates shall not be a part of the 
state's delegation in order to achieve the reduction of the state's 
delegation pursuant to this Rule 19. Any reduction of district-level 
delegates under this provision shall be accomplished in a manner which 
complies with the requirement of proportional representation as 
provided for in Rule 12.
(9) Except as provided by subsection (7) of this section C., the fact 
that a state party took provable, positive steps as provided in Rule 20 
of these rules shall not preclude the state's delegation from being 
subject to the sanctions set forth in subsection (1), (2) (3), (4) and 
(5) of this section C.
D. Unresolved Challenges and Report to the Credentials Committee. The 
DNC Rules and Bylaws Committee shall report its activities, together 
with all challenges and complaints, to the Credentials Committee of the 
Democratic National Convention. In cases involving unresolved 
challenges which are appealed to the Credentials Committee, the burden 
of proof shall rest with the party presenting the challenge.

Rule 20. State Legislative Changes
A. Subject to Rule 19.C. of these Rules, wherever any part of any 
section contained in these rules conflicts with existing state laws, 
the state party shall take provable positive steps to achieve 
legislative changes to bring the state law into compliance with the 
provision of these rules.
B. Provable positive steps shall be taken in a timely fashion and shall 
include the drafting of corrective legislation; public endorsement by 
the state party of such legislation; efforts to educate the public on 
the need for such legislation; active support for the legislation by 
the state party lobbying state legislation, other public officials, 
Party officials and Party members; and encouraging consideration of the 
legislation by the appropriate legislative committees and bodies.
C. A state party may be required by a vote of the DNC Executive 
Committee upon a recommendation of the DNC Rules and Bylaws Committee 
to adopt and implement an alternative Party-run delegate selection 
which does not conflict with these rules, regardless of any provable 
positive steps the state may have taken.
        Call

For the 2000 Democratic National Convention
Adopted by the Democratic National Committee at its meeting September 
26, 1998.

To Whom It May Concern:

By authority of the Democratic National Committee, the National 
Convention of the Democratic Party is hereby scheduled to convene 
August 14, 2000, at the STAPLES Center in Los Angeles, California, at 
an hour to be announced, to select nominees for the offices of 
President and Vice President of the United States of America, to adopt 
and promulgate a platform and to take such other actions with respect 
to such other matters as the Convention may deem advisable.

Article I. Distribution of Delegate Votes
The distribution of votes, delegates and alternates to the 2000 
Democratic National Convention shall be in accordance with the 
following:
A. The number of Convention votes for delegates to the Convention shall 
be as set forth in the compilation included in this resolution and 
determined as provided in paragraphs B, C, D, E, F, G, and H.\1\
---------------------------------------------------------------------------
\1\ See Appendix B for the allocation of delegates and alternates.
---------------------------------------------------------------------------
B. A base of 3,000 delegate votes is distributed among the 50 states 
and the District of Columbia according to a formula giving equal weight 
to the sum of vote for the Democratic candidates in the three (3) most 
recent presidential elections and to population by electoral vote. The 
formula is expressed mathematically as follows:


          1              SDV 1988 + SDV 1992 + SDV 1996        SEV
  A   =   -  <3-l       -------------------------------   +   ----   <3-
               n                                                      l
          2              TDV 1988 + TDV 1992 + TDV 1996        538


A = Allocation Factor.
SDV = State Democratic Vote.
SEV = State Electoral Vote.
TDV = Total Democratic Vote.

To determine the base delegation for each state and the District of 
Columbia, the allocation fractions as determined by the above formula 
are multiplied by 3,000. Fractions of .5 and above are rounded up to 
the next highest integer.
C. Fifteen percent (15%) of the base delegate votes determined pursuant 
to paragraphs B and D shall be added to the number of votes allocated 
for the purpose of representing pledged Party and Elected Official 
delegates. For purposes of this paragraph, the number of base delegate 
votes determined pursuant to paragraph B shall be the number determined 
thereunder after rounding. Fractions of .5 and above resulting from the 
multiplication required by this paragraph are rounded up the next 
highest integer.
D. American Samoa, Guam and Virgin Islands will each receive three (3) 
at-large delegate votes. Democrats Abroad will receive six (6) at-large 
and one (1) pledged Party and Elected Official delegate votes. Puerto 
Rico will receive forty-four (44) base delegate votes.
E. Unpledged votes shall be allocated to each delegation to accommodate 
the members of the Democratic National Committee for that state or 
territory in which they legally reside. The size of such a member's 
vote (i.e., whole or fractional) shall be the same size as that which 
he or she is allowed to cast at meetings of the Democratic National 
Committee. Additional unpledged delegates shall be allocated for other 
offices serving in positions created by the Democratic National 
Committee in accordance with Article 3, Section 1.(e) of the Charter of 
the Democratic Party of the United States.
F. Unpledged votes shall be allocated to provide the Democratic 
President, the Democratic Vice President, and all former Democratic 
Presidents, all former Democratic Vice Presidents, all former 
Democratic Leaders of the United States Senate, all former Democratic 
Speakers of the United States House of Representatives and Democratic 
Minority Leaders, as applicable, and all former Chairs of the 
Democratic National Committee.\2\ Such delegates shall be seated with 
the state delegations from the state in which they have their voting 
residences.
---------------------------------------------------------------------------
\2\ Former Chairs of the Democratic National Committee shall include 
National Chairs and General Chairs.
---------------------------------------------------------------------------
G. Additional unpledged votes shall be added if needed to provide for 
the Democratic Governor \3\ (if any) from the state or territory and 
for the Democratic Members of the United States House of 
Representatives and Democratic United States Senators from that state 
or territory (if any).\4\
---------------------------------------------------------------------------
\3\ The Mayor of the District of Columbia, shall be treated as a 
Democratic Governor.
\4\ The District of Columbia's Statehood Senators, if Democrats, shall 
be treated as Democratic United States Senators.
---------------------------------------------------------------------------
H. In addition to the delegates allocated to the delegations pursuant 
to paragraphs B, C, D, E, F and G, each state, territory or 
commonwealth shall select a number of unpledged add-on delegates 
equivalent to one (1) such delegate for every four (4) votes on the 
Democratic National Committee from that state, territory or 
commonwealth, pursuant to Rule 8.B. of the Delegate Selection Rules. 
Fractions of .5 and above are rounded up to the next highest integer.
I. Each state, the District of Columbia and Puerto Rico may select a 
number of alternates equivalent to one (1) alternate for every six (6) 
Convention votes received by it pursuant to paragraphs B, C and D, 
provided however, that each such delegation shall have at least four 
(4) alternates. American Samoa, Democrats Abroad, Guam and the Virgin 
Islands shall each have one (1) alternate. Fractions of .5 and above 
are rounded up to the next highest integer. It is further provided that 
each state shall have the number of additional at-large alternates 
necessary to provide at least one alternate for each presidential 
candidate who is entitled to delegates from that state, if the DNC 
Rules and Bylaws Committee determines that the number of alternates 
allocated to the state is not sufficient for each presidential 
candidate to have at least one alternate.
J. Members of the Democratic National Committee and delegates selected 
pursuant to paragraphs F, G and H will be ineligible to serve as 
delegates under any other category and may hold no more than one (1) 
vote. Democratic Governors, Democratic Members of the United States 
House of Representatives and Democratic United States Senators who are 
members of the Democratic National Committee shall serve as delegates 
by virtue of their membership on the National Committee.

Article II. Qualifications of State Delegations
A. Notice is hereby given that delegates, alternates and standing 
committee members to the Democratic National Convention shall be 
elected in accordance with the Charter and Bylaws of the Democratic 
Party of the United States, the Delegate Selection Rules for the 2000 
Democratic National Convention, the Call for the 2000 Democratic 
National Convention, and the Regulations of the DNC Rules and Bylaws 
Committee. The DNC Rules and Bylaws Committee shall have the final 
authority to regulate the delegate selection process, subject to the 
authority of the Convention Creditials Committee and the Democratic 
National Convention. It shall be the duty of the DNC Rules and Bylaws 
Committee to administer the delegate selection process and ensure 
compliance with the rules, including equal division, and report to the 
Secretary of the Democratic National Committee those states which are 
in non-compliance. Only delegates and alternates selected under a 
delegated selection procedure approved by the DNC Rules and Bylaws 
Committee and in accordance with the rules shall be placed on the 
Temporary Roll of the 2000 Democratic National Convention. Only 
standing committee members and convention pages chosen pursuant to a 
state delegate selection plan found in compliance with the rules by the 
DNC Rules and Bylaws Committee shall be qualified to serve in their 
respective capacities.
B. It is understood that a State Democratic Party, in electing and 
certifying delegates and alternates to the Democratic National 
Convention, thereby undertakes to assure all Democratic voters in the 
state full, timely and equal opportunity to participate in the delegate 
selection process and in all Party affairs and to implement affirmative 
action programs toward that end, and that the delegates and alternates 
to the Convention shall be selected in accordance with the Delegate 
Selection Rules for the 2000 Democratic National Convention adopted by 
the Democratic National Committee on May 9, 1998, and that voters in 
the state will have the opportunity to cast their selection ballots for 
the Presidential and Vice Presidential nominees selected by said 
Convention, and for electors pledged formally and in good conscience to 
the election of these Presidential and Vice Presidential nominees, 
under the label and designation of the Democratic Party of the United 
States, and that the delegates it certified will not publicly support 
or campaign for any candidate for President or Vice President other 
than the nominees of the Democratic National Convention.
C. It is presumed that the delegates to the Democratic National 
Convention, when certified pursuant to the Call, are bona fide 
Democrats who are faithful to the interests, welfare and success of the 
Democratic Party of the United States, who subscribe to the substance, 
intent and principles of the Charter and the Bylaws of the Democratic 
Party of the United States, and who will participate in the Convention 
in good faith. Therefore, no additional assurances shall be required of 
delegates to the Democratic National Convention in the absence of a 
credentials contest or challenge.

Article III. Delegate Selection Deadline
All state parties are required to take all steps necessary and 
appropriate to complete the process of selecting delegates to the 2000 
Democratic National Convention no later than June 24, 2000.

Article IV. Certification Requirements
A. Pledged Delegates and Alternates: Each state's Democratic Chair 
shall certify in writing to the Secretary of the Democratic National 
Committee the election of his or her state's delegates and alternates 
to the Democratic National Convention within three (3) days after their 
election. For the purposes of this Call, the Chair of a committee 
constituted pursuant to Rule 19.C. of the Delegate Selection Rules, 
shall be recognized to act in place of the state's Democratic Chair.
B. Unpledged Delegates:
1. Pursuant to Rule 8.A. of the Delegate Selection Rules, official 
confirmation by the Secretary of the Democratic National Committee to 
each State Democratic Chair shall constitute verification of the 
following unpledged delegates: members of the Democratic National 
Committee; the Democratic President, Vice President and Democratic 
Governor, if applicable; all Democratic members of the United States 
House of Representatives and all Democratic members of the United 
States Senate; and all former Democratic Presidents, Vice Presidents, 
Majority Leaders of the United States Senate, Speakers of the United 
States House of Representatives, and Chairs of the Democratic National 
Committee.
2. Each state's Democratic Chair shall certify in writing to the 
Secretary of the Democratic National Committee the selection of the 
state's unpledged add-on delegates to the Democratic National 
Convention selected pursuant to Article I.H. within three (3) days 
after their selection.
C. Replacements:
1. Pledged Delegates and Alternates: Replacement of a delegate (due to 
resignation or death) by an alternate and replacement of a vacant 
alternate position shall be certified in writing by the State's 
Democratic Chair to the  Secretary of the Democratic National Committee 
(pursuant to Rule 17 of the Delegate Selection Rules) within three (3) 
days after the replacement is selected. Certification of replacements 
will be accepted by the Secretary up to 48 hours before the first 
official session of the Convention is scheduled to convene.
2. Unpledged Delegates:
a. Members of Congress and Democratic Governors shall not be entitled 
to name a replacement. In the event of any changes or vacancies in a 
state's Democratic congressional delegation following the official 
confirmation and prior to the commencement of the National Convention, 
the Secretary shall recognize only such changes as have been officially 
recognized by the Democratic Caucus of the United States House of 
Representatives or the Democratic Conference of the United States 
Senate. In the event of a change or vacancy in a state's office of 
Governor following the official confirmation and prior to the 
commencement of the National Convention, the Secretary shall recognize 
only such changes as have been officially recognized by the Democratic 
Governors' Association.
b. Members of the Democratic National Committee and unpledged add-on 
delegates selected pursuant to Article I.H. shall not be entitled to a 
replacement, nor shall the state be entitled to a replacement, except 
in the case of death of such delegates. In cases where a state's DNC 
membership changes following the Secretary's official confirmation, but 
prior to the commencement of the 2000 Democratic National Convention, 
acknowledgment by the Secretary of the certification of the new DNC 
member shall constitute verification of the corresponding change of 
unpledged delegates.
c. Delegates allocated pursuant to Articles I.F. and I.H. of this Call 
shall not be entitled to name a replacement, nor shall the state be 
entitled to a replacement.
D. Delegation Chair: Each delegation shall select one (1) person to 
serve as Delegation Chair. The State Chair shall certify the Delegation 
Chair. Such certification shall be in writing to the Secretary of the 
Democratic National Committee within three (3) days after the position 
is filled, which shall be no later than the date by which the state 
certifies its standing committee members.
E. Convention Pages:
1. A base of 150 Convention Pages shall be allocated among the 56 
delegations as follows:\5\
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\5\ See Appendix C for the allocation of Convention Pages.
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a. Each of the 50 States, the District of Columbia and Puerto Rico 
shall have a minimum of two (2) pages.
b. One (1) additional page will be allocated to a state for every fifty 
(50) additional delegate votes. Fractions of .5 and above are rounded 
up to the next highest integer.
c. American Samoa, Democrats Abroad, Guam and the Virgin Islands shall 
be allocated one (1) page.
2. The National Chairperson of the Democratic National Committee, in 
consultation with the General Chairperson of the Democratic National 
Committee, may select not more than twenty-five (25) pages to assist 
him/her and the Democratic National Convention Committee in carrying 
out the work of the Convention.
3. The State Chair shall certify the person(s) to serve as the 
Delegation's Convention Page(s), as allocated to the delegation by this 
section. Such certification shall be in writing to the Secretary of the 
Democratic National Committee and shall be made no later than the time 
the state certifies its standing committee members pursuant to Article 
VIII.B.(3) of this Call. The National Chairperson of the Democratic 
National Committee shall certify the person(s) to serve as the Chair's 
Convention Page(s), as allocated to the National Chairperson by this 
section. Such certification shall be in writing to the Secretary of the 
Democratic National Committee and shall be made within three (3) days 
after these positions are filled, but in any event, no later than June 
24, 2000.
F. Certification Requirements: Each certification required herein will 
include full name, address and other information as required by the 
Secretary of the Democratic National Committee.

Article V. The 2000 Democratic National Convention Committee, Inc.
A. The Democratic National Committee, acting under its authority to 
plan, arrange, manage and conduct the Democratic National Convention, 
hereby ratifies the establishment and organization of the 2000 
Democratic National Convention Committee, Inc. (the ``DNCC'') for the 
2000 Democratic National Convention.
B. The DNCC shall exercise the authority of the Democratic National 
Committee and the Democratic National Convention in entering into 
contracts relating to all business and financial matters connected with 
the conduct of the 2000 Democratic National Convention.
C. The DNCC shall make every effort to exercise its authority in 
accordance with the following guidelines, subject to Rule 19.C. of the 
Delegate Selection Rules:
1. Contractors: The DNCC shall as a policy seek to engage the services 
of unionized firms, including those owned by minorities, women and 
people with disabilities.
2. Housing: The DNCC shall design and implement a fair and equitable 
system by which hotel facilities shall be allocated to eligible state 
delegations and to presidential candidates.
3. Delegate and Alternate Seating in Convention Hall: The DNCC shall 
design and implement a fair and equitable system by which the location 
of each eligible state delegation's seating in the Convention Hall 
shall be determined. Alternates shall be afforded preferential seating, 
as close to delegate seating as arrangements will permit. Members of 
Democratic National Convention Standing Committees who are not already 
delegates or alternates shall be afforded guest seating during the 
period their committee report is being considered. The DNCC will 
determine, based on space availability in the Convention Hall, whether 
such guest seating can be extended for periods when the committee's 
report is not being considered.
4. Delegates' and Alternates' Credentials: The state's delegate and 
alternate credentials shall be distributed to the Chair of the state 
delegation from the DNCC's credentials office.
5. Floor Access: Floor access shall be given to delegates, alternates 
replacing delegates, the highest ranking Democratic official in each 
state that does not have a Democratic Governor, each State Democratic 
Party's Executive Director, such number of representatives of the 
presidential candidates as may be deemed necessary by the DNCC, and 
such press personnel and other personnel as may be determined by the 
DNCC to be necessary for the proper functioning of the Convention and 
which does not compromise security and safety requirements.
6. Visitor's Seating: A contingent of seats for members-elect of the 
Democratic National Committee as certified by the state's Democratic 
Chair, guests and other observers shall be allocated for and shall be 
fairly apportioned to the states according to each state's relative 
delegate strength. The Delegation Chair and the State Democratic Chair 
shall each be given one half of the credentials for guest seats 
apportioned to the state pursuant to this paragraph. Presidential 
preference shall be taken into account in the distribution of guest 
credentials.
7. Communications:
a. Microphones: Each state shall be provided one (1) floor microphone 
which shall be located at the position of the Chair of the state 
delegation. Each delegate shall have access to the microphone.
b. Telephones: Adequate provisions shall be made for communication 
between the floor and the Chair of the Conventions so as to advise the 
Chair of the identify of any delegate seeking recognition to speak and 
the purpose for which recognition is sought. One (1) such telephone 
shall be installed for each state delegation.
General: No communication equipment other than that authorized by these 
guidelines or by the DNCC shall be permitted on the floor of the 
Convention.
8. Facilities for Presidential Candidates: The National Chairperson of 
the Democratic National Committee, is consultation with the General 
Chairperson of the Democratic National Committee, the Chief Executive 
Officer of the DNCC and representatives of the presidential candidates, 
shall design and implement a fair and equitable system whereby 
facilities in the Convention Hall and its immediate environs shall be 
fairly apportioned to presidential campaigns so as not to afford an 
undue advantage to any presidential candidate. The cost of such 
facilities shall be paid by the presidential campaigns.
9. Facilities for News Media and Press Seating: There shall be made 
available adequate facilities, as close to the Convention floor as 
conditions permit, for the pencil press, radio and television, 
including a limited number of camera positions commanding a full view 
of the proceedings. The cost of such facilities shall not be borne by 
the DNCC.
10. Security: Coordination for security within the Convention Hall, 
premises and surrounding area, shall be under the authority of the 
DNCC.
11. Financial Reports: The DNCC shall file with the Federal Election 
Commission (``FEC'') all financial reports required by the Federal 
Election Campaign Act of 1971, as amended, and applicable FEC 
regulations.

Article VI. Presidential Candidates
The term ``presidential candidate'' herein shall mean any person who, 
as determined by the National Chairperson of the Democratic National 
Committee, has accrued delegates in the nominating process and plans to 
seek the nomination, has established substantial support for his or her 
nomination as the Democratic candidate for the Office of the President 
of the United States, is a bona fide Democratic whose record of public 
service, accomplishment, public writings and/or public statements 
affirmatively demonstrates that he or she is faithful to the interests, 
welfare and success of the Democratic Party of the United States, and 
will participate in the Convention in good faith.

Article VII. Standing Committees on Platform, Rules, and Credentials of 
the 2000 Democratic National Convention
The Democratic National Committee, acting under its authority to issue 
the Call and establish the standing committees of the National 
Convention, hereby creates and organizes the Standing Committees on 
Platform, Rules, and Credentials of the 2000 Democratic National 
Convention. The jurisdiction and rules of procedure of each standing 
committee are set forth in this Call to the 2000 Democratic National 
Convention. Each standing committee may, by a majority of the members 
voting, adopt additional rules of procedure for the conduct of its 
business not inconsistent with this Call. The Democratic National 
Committee shall publish and make available all relevant requirements 
and deadlines for submitting proposals for consideration by the 
standing committees. Such information shall be distributed to the 
standing committee members and made available to the public as early as 
practicable before the committees meet.
A. Membership: Subject to Rule 19.C. of the delegate Selection Rules, 
each standing committee shall be composed of:
1. Base: A base of 161 members, casting 158 votes, allocated to the 
states and territories in accordance with the same distribution formula 
used to allocate delegates to the Democratic National 
Convention.6
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\6\ See Appendix D for the allocation of standing committee members.
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2. PLEOs: 25 members, each casting one (1) vote who shall be Party 
Leaders and Elected Officials.
3. Delegate Status: Members of the standing committees need not be 
delegates or alternates to the Democratic National Convention.
4. Quorum: A majority of the total votes allocated to a standing 
committee shall constitute a quorum thereof for the purpose of 
transacting business. Such votes shall be present and represented by 
the standing committee members. Upon a point or order of no quorum, the 
Chair shall ascertain the presence or absence of a quorum by visual 
estimation and shall not proceed until a quorum is present, provided, 
however, that a roll call vote shall be had on the question of whether 
a quorum exists if the Chair is in doubt or upon demand of any member 
of the standing committee supported by:
a. twenty percent (20%) of the members of the committee as evidenced by 
a petition submitted to the Chair indicating support of the demand by 
not less than twenty percent (20%) of the members present, or
b. by the rising in support of the demand by not less than twenty 
percent (20%) of the members present, except that a motion to adjourn 
may be offered and voted upon without a quorum present.
5. Proxies: As the standing committees are deliberative bodies of the 
National Convention, proxy voting by standing committee members shall 
not be permitted.
6. Subcommittees: Any subcommittee of the standing committees of the 
National Convention shall be composed only of members of standing 
committees, except that these subcommittees may be chaired by persons 
other than members of the committee.
B. Election:
1. The members of the standing committees allocated to the states and 
territories shall be elected by each state's National Convention 
delegates present at a meeting of which adequate notice of time and 
place shall be given and at which a quorum of the state's delegates 
shall be present. Such meeting shall be held in accordance with 
procedures approved by the DNC Rules and Bylaws Committee and 
consistent with this Call. Such meeting shall take place within seven 
(7) days after the final selection of a state's delegation, but no such 
meeting shall be held after June 24, 2000.
2. The members of the standing committees allocated as Party Leaders 
and Elected Officials shall be elected by the Executive Committee of 
the Democratic National Committee during the calendar year of the 
National Convention upon nomination received from the National 
Chairperson of the Democratic National Committee, after consultation 
with the General Chairperson of the Democratic National Committee and 
State Chairs from those states from which members are contemplated to 
be nominated.
3. Each state's Democratic Chair shall certify in writing to the 
Secretary of the Democratic National Committee his or her state's 
standing committee members within three (3) days after their selection. 
The National Chairperson of the Democratic National Committee shall 
certify in writing to the Secretary of the Democratic National 
Committee the Party Leader and Elected Official standing committee 
members within three (3) days after their election. Certification of 
each person will include full name, address and other information as 
required by the Secretary of the Democratic National Committee.
4. No substitutions will be permitted in the case of standing committee 
members, except in the case of resignation or death. Substitutions must 
be made in accordance with the election procedures specified in Article 
VII.B., C., D., and E., and must be certified in writing to the 
Secretary of the Democratic National Committee, in accordance with 
procedures specified in Article VII.B.3.
5. Any challenge to the credentials of a standing committee member 
shall be considered and resolved by the affected standing committee in 
accordance with Appendix A of this Call. The DNC Rules and Bylaws 
Committee shall have jurisdiction over challenges brought before the 
56th day preceding the date of commencement of the Democratic National 
Convention.
C. Presidential Preference:
1. The members of the standing committees allocated to the states and 
territories shall proportionately represent the presidential preference 
of all candidates (including uncommitted status) receiving the 
threshold percentage used in that state's delegation to calculate the 
at-large apportionment pursuant to Rule 12.E. of the Delegate Selection 
Rules, provided, however, that members of the standing committees from 
primary states shall be allocated to presidential candidates (including 
uncommitted status) based on the statewide popular vote.
2. The presidential preference percentage of each candidate receiving 
the applicable percentage or more within the delegation shall be 
multiplied by the total number of standing committee positions 
allocated to that state or territorial delegation. If the result of 
such multiplication does not equal 0.455 or above, the presidential 
preference in question is not entitled to representation on the 
standing committee. If the result of such multiplication is 0.455 but 
less than 1.455, the presidential preference in question is entitled to 
one (1) position. Those preferences securing more than 1.455 but less 
than 2.455 are entitled to two (2) positions, etc.
3. Where the application of this formula results in the total 
allocation exceeding the total number of committee positions, the 
presidential candidate  whose original figure of representation is 
farthest from its eventual rounded-off total shall be denied that one 
(1) additional position. Where the application of this formula results 
in the total allocation falling short of the total number of committee 
positions, the presidential candidate whose original figure of 
representation is closet to the next rounding level shall be allotted 
an additional committee position.
4. Standing committee positions allocated to a presidential candidate 
shall be proportionately allocated, to the extent practicable, to each 
of the three standing committees. When such allocation results in an 
unequal distribution of standing committee positions by candidate 
preference, a drawing shall be conducted to distribute the additional 
positions.
D. Presidential Candidate Right of Approval:
1. Each presidential candidate or that candidate's representative 
authorized pursuant to Rule 11.D.(1) of the 2000 Delegate Selection 
Rules shall be given adequate notice of the meeting of the state's 
delegation authorized to select standing committee members.
2. The delegation shall select the standing committee members submitted 
by the presidential candidates (including uncommitted status), and 
presidential candidates shall not be required to submit the name of 
more than one person for each slot awarded to such candidate for 
members of standing committees.
E. Division Between Men and Women:
1. The membership of each of the standing committees from a state or 
territory shall be as equally divided among men and women as possible 
under the state allocation; if the number is even, the membership shall 
be equally divided between men and women; if the number is odd, the 
variance between men and women may not exceed one (1), and the 
advantaged gender must not remain constant for the three standing 
committees. The DNC Rules and Bylaws Committee shall have continuing 
jurisdiction to ensure compliance with this equal division requirement. 
No standing committee members from a state shall be officially 
recognized unless the Rules and Bylaws Committee has certified to the 
Secretary of the Democratic National Committee that such state's 
standing committee delegation complies with this equal division rule. 
It is the duty of the DNC Rules and Bylaws Committee to determine such 
compliance as soon as practicable following the certification of the 
state's standing committee members.
2. The Party Leaders and Elected Official membership of the standing 
committees elected by the Executive Committee of the Democratic 
National Committee shall be divided among men and women so that the 
variance between men and women does not exceed one (1), and the 
advantage gender must not remain constant for the three standing 
committees.
F. Chairs of Standing Committees:
1. The Chair of each Standing Committee shall be elected by the 
Executive Committee of the Democratic National Committee upon 
nomination of the National Chairperson of the Democratic National 
Committee, after consultation with the General Chairperson of the 
Democratic National Committee. Co-Chairs and Vice Chairs may also be 
elected in this manner.
2. Individuals who are not otherwise members of the standing committees 
who are elected Chair, Co-Chair or Vice Chair thereof shall not have 
any voting privileges on the standing committees, except that the Chair 
may vote in the case of a tie.
3. The Chair of each standing committee shall call and preside over 
each committee meeting, prepare an agenda to provide for orderly 
conduct of the committee's business, and supervise preparation of such 
research studies and briefing materials as are required to accomplish 
the committee's work.
G. Platform Committee:
1. The Platform Committee shall be responsible for drafting and 
recommending the Platform of the Democratic Party to the Democratic 
National Convention.
2. The Chair of the Platform Committee, in consultation with the 
National Chairperson and General Chairperson of the Democratic National 
Committee, shall determine the number, place and time for conducting 
hearing(s) and/or forum(s) and name the presiding panel, who need not 
be members of the Platform Committee, for each hearing and/or forum. 
Any person may submit a written statement concerning the Platform to 
the Platform Committee at any time prior to the Platform Committee 
meeting, and may request permission to testify at a public hearing and/
or forum.
3. Prior to the first meeting of the Platform Committee, the National 
Chairperson of the Democratic National Committee, in consultation with 
the General Chairperson of the Democratic National Committee, shall 
distribute to the members of the Platform Committee a document 
outlining the issues to be considered by the committee.
4. The National Chairperson of the Democratic National Committee, in 
consultation with the General Chairperson of the Democratic National 
Committee and the Chair of the Platform Committee, shall appoint 
fifteen (15) persons, to serve on a Platform Drafting Committee and the 
National Chairperson of the Democratic National Committee, in 
consultation with the General Chairperson of the Democratic National 
Committee, shall appoint the Chair thereof. In addition, one (1) non-
voting member may be appointed by each presidential candidate to serve 
on the Drafting Committee. The Platform Drafting Committee is not 
considered a subcommittee of the Platform Committee as defined in 
Article VII.A.6. The Drafting Committee shall be responsible for the 
drafting of the report of the Platform Committee under the direction 
and with the approval of the full Platform Committee.
5. Upon the request of members representing twenty percent (20%) of the 
total votes of the Platform Committee, a minority report shall be 
prepared for distribution to the Convention delegates and alternates as 
part of the committee's report. The committee staff shall assist in the 
preparation of such report.
6. The report of the Platform Committee and any minority reports shall 
be distributed to all delegates and alternates, and to the public as 
soon as practicable after their adoption.
H. Rules Committee:
1. The Rules Committee shall issue a report to the Democratic National 
Convention recommending the Permanent Rules of the Convention, the 
Convention agenda, the permanent officers of the Democratic National 
Convention, amendments to the Charter of the Democratic Party of the 
United States, and resolutions providing for the consideration of any 
other matter not provided for in the Permanent Rules of the Convention 
and not contained in the reports of other standing committees. The 
foregoing notwithstanding, no amendment to the Charter of the 
Democratic Party shall be effective unless and until it is subsequently 
ratified by a vote of the majority of the entire membership of the 
Democratic National Committee.
2. Upon the request of members representing twenty percent (20%) of the 
total votes of the Rules Committee, a minority report shall be prepared 
for distribution to the Convention delegates and alternates as part of 
the committee's report. The committee staff shall assist in the 
preparation of such report.
3. The report of the Rules Committee and any minority reports shall be 
distributed to all delegates, alternates, and to the public as soon as 
practicable after their adoption.
I. Credentials Committee and Procedures for Challenging Delegates or 
State Delegations:
1. The Credentials Committee shall determine and resolve questions 
concerning the seating of delegates and alternates to the Convention 
pursuant to the resolution entitled the ``Relationship Between the 2000 
Rules of Procedure of the Credentials Committee and the 2000 Delegate 
Selection Rules,'' which includes the ``Rules of Procedure of the 
Credentials Committee of the 2000 Democratic National Convention'' 
hereby approved and adopted by the Democratic National Committee, and 
set forth in full in the Appendix to this Call. The committee shall 
report to the Convention for final determination and resolution of all 
such questions. This committee does not have authority over the 
allocation and distribution of convention credentials, including passes 
for delegates, alternates, guests or press.
2. Challenges to the seating of any delegate or alternate shall be in 
accordance with the Rules of Procedure of the Credentials Committee. 
Any challenge to the seating of a delegate or alternate that is not 
made in conformity with these rules shall be deemed waived.
3. Upon the request of members representing twenty percent (20%) of the 
total votes of the Credentials Committee, a minority report shall be 
prepared for distribution to the Convention delegates and alternates as 
part of the committee's report; provided, however, that no member 
elected to the committee by a state delegation may join in such request 
as to a proposed minority report relating to a credentials challenge to 
any delegate or alternate from his or her state. The committee staff 
shall assist in the preparation of such report.
4. The report of the Credentials Committee and any minority reports 
shall be distributed to all delegates, alternates, and the public as 
soon as practicable after their adoption.

Article VIII. Procedural Rules of the 2000 Democratic National 
Convention
The following Procedural Rules shall serve as the Temporary Rules of 
Procedure for the 2000 Democratic National Convention and are 
recommended to the Rules Committee and to the Convention as the 
Permanent Rules of Procedure for the conduct of the 2000 Democratic 
National Convention.
A. Temporary Chair:
1. The National Chairperson of the Democratic National Committee shall 
call the Convention to order and shall preside until the Permanent 
Chair of the Convention shall be chosen in accordance with these rules.
2. The National Chairperson of the Democratic National Committee, in 
consultation with the General Chairperson of the Democratic National 
Committee, shall appoint a Temporary Secretary and such other temporary 
officers as may be required to assist in the conduct of the business of 
the Convention. These officers shall be composed equally of men and 
women.
B. Temporary Roll:
1. The Secretary of the Democratic National Committee shall determine a 
Temporary Roll of delegates to the Convention which shall consist only 
of those persons selected and certified as delegates in accordance with 
the Rules and pursuant to this Call, unless a credentials contest shall 
have arisen with respect to any such person(s), in which case the 
Secretary shall include on the Temporary Roll the name of the 
credentials contestant recommended for inclusion by the Credentials 
Committee in its report.
2. Persons whose names are included on the Temporary Roll of delegates 
shall be permitted to vote on all matters before the Convention until 
after the adoption of the report of the Credentials Committee; provided 
that no person shall be permitted to vote on his or her credentials 
contest.
C. Order of Business: The order of business for the Democratic National 
Convention shall be as provided in these rules and in any special order 
of business adopted under Section D. of these rules. The Chair of the 
Convention may, at appropriate times, interrupt the order of business 
provided for in these rules for introductions, announcements, 
addresses, presentations, resolutions of tribute and appreciation, or 
remarks appropriate to the business of the Convention.
1. Report of the Committee on Credentials: The Report of the 
Credentials Committee shall be acted upon before the consideration of 
other business.
a. The Temporary Chair shall recognize the Chair of the Credentials 
Committee for up to thirty (30) minutes to present the committee's 
report unless a longer period of time shall be provided in a special 
order of business agreed upon by the Convention. The Chair of the 
committee may present committee amendments, yield part of his or her 
time to others and may yield for the presentation and disposition of 
minority reports without losing the right to the floor.
b. The Temporary Chair shall arrange for the orderly presentation of 
amendments and of minority reports offered at the direction of the 
committee. Twenty (20) minutes shall be allowed for the presentation of 
each committee amendment or minority report unless a longer period for 
any committee amendment or minority report is provided in special 
orders of business agreed to by the Convention. Time shall be allotted 
equally to proponents and opponents of each committee amendment or 
minority report. The questions shall be put on each committee amendment 
or minority report immediately following its presentation without 
intervening motion.
c. Upon conclusion of the consideration and disposition of committee 
amendments and minority reports, the Temporary Chair shall put the 
question on the adoption of the report of the Credentials Committee 
with amendments previously adopted, if any, without intervening motion. 
A favorable majority vote of the Convention delegates eligible to vote 
shall constitute adoption of the report.
d. In the event that the committee's report shall not be adopted when 
the question is put, the committee shall immediately reconvene to 
reconsider its report and shall present a new report to the Convention 
as soon as possible.
2. Report of Rules Committee: The Temporary Chair may then recognize 
the Chair of the Rules Committee to present the committee's report for 
the Rules of the Convention and minority reports, if any, in the same 
manner as that provided for the presentation of the Report of the 
Credentials Committee. However, the Temporary Chair may, in the 
interest of conducting an orderly proceeding, opt to place before the 
Convention the election of the Permanent Chair, the Co-Chairs and the 
Secretary, prior to the presentation of the Rules Committee report.
3. Convention Chair: The Convention shall proceed to elect the 
Permanent Convention Chair in the following manner:
a. In accordance with the requirements of the 1984 Democratic National 
Convention Resolution which calls for alternating the Convention Chair 
by gender, the Permanent Chair of the 2000 Democratic National 
Convention shall be a female.
b. The Chair of the Rules Committee shall be recognized to offer a 
nomination for Convention Chair as recommended by the Committee on 
Rules. Nominations from the floor shall then be received.
c. When there are no further nominations or upon adoption of a motion 
to close nominations, the Temporary Chair of the Convention shall 
conduct a vote for Permanent Convention Chair.
d. A majority vote of the delegates present and voting shall be 
required to elect the Convention Chair. Balloting shall continue until 
a Chair is elected. The Permanent Chair shall then take the gavel.
4. Convention Co-Chairs: The Convention shall proceed to elect Co-
Chairs and a Secretary in the same manner in which it elected the 
Chair. The Co-Chairs shall be divided equally between men and women.
5. Committee on Platform: The Permanent Chair shall recognize the Chair 
of the Platform Committee to present the committee's report and 
minority reports, if any, in the same manner as that provided for the 
presentations of the reports of the Credentials and Rules Committees.
6. Nomination of the Democratic Candidate for President: The Permanent 
Chair shall receive nominations from the floor for the Democratic 
candidate for the Office of President of the United States in the 
following manner:
a. Requests to nominate a presidential candidate shall be in writing 
and shall have affixed thereto the written approval of the proposed 
nominee and the name of the individuals who shall be recognized to make 
the nominating and seconding speeches on behalf of a presidential 
candidate and shall be delivered to the Convention Secretary at a 
location as specified by the Secretary no later than 6:00 p.m. of the 
day preceding the day designated for the commencement of presidential 
nominations.
b. Each such request must be accompanied by a petition indicating 
support for the proposed nominee signed by delegates representing not 
less than 300 nor more than 600 delegate votes, not more than 50 of 
which may come from one (1) delegation. A delegate may not sign more 
than one (1) nominating petition for president and for vice president.
c. The order for nominating presidential candidates shall be determined 
by the National Chairperson of the Democratic National Committee after 
consultation with the General Chairperson of the Democratic National 
Committee, the Permanent Chair of the Convention and each presidential 
candidate, or his or her authorized representative, who qualifies to be 
nominated pursuant to this section.
d. Each presidential candidate shall be allowed a total of twenty (20) 
minutes for the presentation of his or her name in nomination by 
nominating and seconding speeches, the time to run without interruption 
from the recognition of the nominator.
e. Delegates and alternates shall maintain order during and following 
nominations for the Office of President and demonstrations shall not be 
permitted.
7. Roll Call for Presidential Candidate:
a. After nominations for presidential candidates have closed, the 
Convention shall proceed to a roll call vote by states on the selection 
of the presidential candidate. The roll call voting shall follow the 
alphabetical order of the states with the District of Columbia and 
Puerto Rico treated as states for the purpose of the alphabetical roll 
call. The territories, called in alphabetical order, shall follow the 
alphabetical roll call of the states.
b. A majority vote of the Convention's delegates shall be required to 
nominate the presidential candidate. Delegates may vote for the 
candidate of their choice whether or not the name of such candidate was 
placed in nomination. Balloting will continue until a nominee is 
selected.
8. Acceptance Speech by Presidential Candidate: Immediately after the 
selection of the Democratic nominee for President, the Permanent Chair 
shall invite the nominee to deliver an acceptance speech to the 
Convention. The nominee shall become the candidate of the Democratic 
Party of the United States for the office of President upon completion 
of his or her acceptance speech to the Convention.
9. Nomination for the Democratic Candidate for Vice President: The 
selection of a nominee for the Office of Vice President of the United 
States shall be conducted in the same manner as that heretofore 
provided for the selection of the nominee for President of the United 
States except that a request to nominate must be delivered to the 
Convention Secretary at a location as specified by the Secretary not 
later than 9:00 a.m. of the day designated for the commencement of Vice 
Presidential nominations.
10. Roll Call Ballot for Vice Presidential Candidate:
a. After nominations for Vice Presidential candidates have closed, the 
Convention shall proceed to a roll call vote by states on the selection 
of the Vice Presidential candidate. The roll call voting procedure 
shall be conducted in the same manner as that heretofore provided for 
the selection of the nominee for President of the United States.
b. A majority vote of the Convention's delegates shall be required to 
select the Vice Presidential candidate. Delegates may vote for the 
candidate of their choice whether or not the name of such candidate was 
placed in nomination. Balloting will continue until after a nominee is 
selected.
11. Acceptance Speech by Vice Presidential Candidate: Immediately after 
the selection of the Democratic nominee for Vice President, the 
Permanent Chair shall invite the nominee to deliver an acceptance 
speech to the Convention. The nominee shall become the candidate of the 
Democratic Party of the United States for the office of Vice President 
upon completion of his or her acceptance speech to the Convention.
D. Special Orders of Business: It shall be in order at any time for the 
Rules Committee at the request of the Chair of the Convention, or 
pursuant to its rules, to report a resolution providing a special order 
of business for debate of any resolution, motion, committee report or 
minority report or for the consideration of any matter.
E. Powers and Duties of the Chair:
1. It shall be the responsibility of the Chair to conduct and expedite 
the business of the Convention and to preserve order and decorum in its 
proceedings.
2. The Chair is authorized to appoint such Convention officers as may 
be required to assist in the conduct of the business of the Convention, 
such officers to be composed equally of men and women; to appoint any 
delegate temporarily to perform the duties of the Chair; and to take 
such lawful action as may be necessary and appropriate to preserve 
order throughout the Convention Hall; and to take any actions 
consistent with the Charter and the Bylaws of the Democratic Party of 
the United States and this Call.
F. Voting:
1. Secret Ballot: No secret ballots shall be permitted at any stage of 
the Convention or its committee proceedings.
2. Proxy Voting: Neither delegate nor alternate delegate votes may be 
cast by proxy.
3. Roll Call Votes:
a. Voting shall be by vote or, when prescribed by these rules, by roll 
call vote. The roll call voting shall follow the order as specified in 
Article VIII.C.7.a. A roll call vote shall also be had if the Chair is 
in doubt or upon demand of any delegate supported by twenty percent 
(20%) of the Convention's delegates as evidenced by one of the 
following methods:
(1) A petition submitted to the Chair indicating support of the demand 
by delegations which comprise not less than twenty percent (20%) of the 
Convention's delegates. In the case of the petition in support of a 
demand for a roll call vote, a delegation shall be taken to support the 
demand if a majority of its delegates have signed a petition to do so.
(2) By the rising in support of the demand by not less than twenty 
percent (20%) of the delegates present.
b. When a roll call vote is ordered, the roll call shall be called by 
states, and the Chair of each delegation or his or her designee shall 
report the vote of his or her delegation and shall send to the 
Convention Secretary a tally showing the vote of each member of his or 
her delegation indicating whether such vote was cast in person or by an 
alternate. Such roll call and votes may be conducted by having the 
Chair for each delegation report by telephone, or electronic voting 
mechanism, the vote of his or her delegation to the rostrum, provided 
that the telephone poll shall not be used in the balloting for the 
Presidential and Vice Presidential nominees. Business shall be 
permitted to proceed during the telephone roll call votes may be 
conducted by electronic mechanism. After each official vote, the 
Delegation Chair shall record and tally votes of the delegation on 
official roll call tally sheets provided by the Convention Secretary. 
All official roll call tally sheets shall be turned in to the 
Convention Secretary at a specified location not more than thirty (30) 
minutes after the close of each voting period.
c. All delegates to the National Convention pledged to a presidential 
candidate shall in all good conscience reflect the sentiments of those 
who elected them.
d. In the case where a pledged delegate is not on the floor of the 
Convention Hall at the time a vote is taken, an alternate may be 
designated according to the rules to cast the vote. In no case may an 
alternate cast a vote for a delegate allocated under I.E., I.F., I.G. 
or I.H. of this Call.
e. On a roll call by states, the vote of a delegation as announced may 
be challenged by any member of that state's delegation within five (5) 
minutes of the announcement of the state's vote, or prior to the 
announcement of the voting results, whichever is earlier. The votes of 
that delegation shall then be recorded as polled without regard to any 
state law, party rule, resolution or instruction binding the delegation 
or any member thereof to vote for or against any candidate or 
proposition. The Convention Chair may send a parliamentarian to the 
delegation to conduct the poll. At the discretion of the Convention 
Chair, the roll call may continue instead of waiting for the result of 
the polling.
f. On a roll call vote conducted by telephone or other electronic 
voting mechanism, the vote of a delegation as shown on the video 
projection system may be challenged by any member of the delegation at 
any time during a period not to exceed five (5) minutes after the 
delegation's final vote is shown on the screen.
g. A demand to poll a delegation may be withdrawn at any time before 
the actual polling has begun.
4. Interruption of Vote: When the question has been put, the vote 
thereon may not be interrupted for any purpose other than a demand for 
a roll call vote or a point or order directed to the conduct of the 
vote.
5. Determination of Question: Except as otherwise provided in these 
rules, all questions, including the question of nominations, of 
candidates for President and Vice President of the United States, shall 
be determined by a majority vote of the delegates to the Convention.
G. Filling a Vacancy on the National Ticket: In the event of death, 
resignation or disability of a nominee of the Party for President or 
Vice President after the adjournment of the National Convention, the 
National Chairperson of the Democratic National Committee, in 
consultation with the General Chairperson of the Democratic National 
Committee, shall confer with the Democratic leadership of the United 
States Congress and the Democratic Governors Association and shall 
report to the Democratic National Committee, which is authorized to 
fill the vacancy or vacancies.
H. Interpretation of the Rules: In interpreting the rules, the Chair 
may have recourse to the ruling of Chairs of previous Democratic 
Conventions, to the precedents of the United States House of 
Representatives and to general parliamentary law.
I. Appeals:
1. The Chair shall decide all questions of order subject to an appeal 
by any delegate which may be debated for not more than ten (10) 
minutes, the time to be equally divided between the delegate appealing 
the ruling and a delegate in favor of sustaining the ruling of the 
Chair; provided that an appeal shall not be in order while another 
appeal is pending or from decisions on recognition or from decisions on 
dilatoriness of motions or during a roll call vote or on a question on 
which an appeal has just been decided or, when in the opinion of the 
Chair, such appeal is clearly dilatory.
2. Before the question is put on any appeal, the Chair shall be 
entitled to state briefly the reasons for the ruling being appealed.
J. Motion to Suspend the Rules: The Chair shall entertain a motion to 
suspend the rules, which shall be decided without debate and which 
shall require a vote of two thirds (\2/3\) of the delegates voting, a 
quorum being present.
K. Motion:
1. No question of privilege or any motion other than those provided 
under these rules shall be entertained, except the motion to recess (to 
a time certain or at the call of the Chair), which shall be privileged, 
and the motion to adjourn which shall be the highest privilege.
2. Motions to adjourn or to recess shall be in order at any time except 
when the question has been put or a vote is in progress and shall be 
decided without debate. The Chair shall not entertain a motion to 
adjourn or recess when such motion closely follows another such motion 
if in the opinion of the Chair such motion is dilatory.
L. Amendments: No amendments to resolutions or motions before the 
Convention shall be permitted, except amendments to standing committee 
reports, or resolutions offered at the direction of the standing 
committee or in a minority report of that standing committee; provided 
that no motion of proposition on a subject different from that under 
consideration shall be admitted in the form of such an amendment.
M. Minority Reports: Minority reports of committees shall not be 
considered unless adopted in writing by members representing at least 
twenty percent (20%) of the total votes of a committee. A minority 
report may be withdrawn at any time prior to or during the Convention. 
A minority report shall be deemed to be withdrawn when support for the 
report falls below the number of members representing twenty percent 
(20%) of the total votes of the standing committee as evidenced by the 
written withdrawal of support by proponents of the report. A committee 
member may withdraw his or her support for a minority report by written 
notice to the Secretary of the Democratic National Committee.
N. Responsibility: By participating in the Democratic National 
Convention, each delegate assumes the responsibility for doing all 
within his or her power to assure that voters of his or her state will 
have the opportunity to cast their election ballots for the 
Presidential and Vice Presidential nominees selected by the Convention 
or, should a vacancy arise, pursuant to Article VIII.G. of these rules, 
and expressly agrees that he or she will not publicly support or 
campaign for any candidate for President or Vice President other than 
the nominees of the Democratic National Convention, or, should a 
vacancy arise, the nominee(s) selected pursuant to Article VIII.G.
O. Debate: Unless otherwise provided in these rules or in a resolution 
providing for a special order of business, debate on any question shall 
be limited to a total of twenty (20) minutes and shall be equally 
divided between proponents and opponents unless they and the Chair 
agree upon an additional or lesser amount of time.
P. Quorum: A majority of the delegates to the Convention shall 
constitute a quorum thereof for the purpose of transacting business. 
Upon a point of order of no quorum being made, the Chair shall 
ascertain the presence or absence of a quorum by visual estimation and 
shall not proceed until a quorum is present; provided that a motion to 
adjourn may be offered and voted upon without a quorum present.
Q. References to the ``Chair'': All references to the authority and 
responsibilities of the ``Chair'' shall pertain to the Temporary Chair, 
the Permanent Chair, the Co-Chairs and any other person assuming the 
duties of the chair as appropriate during the Convention.
R. Equal Division: The Charter of the Democratic Party of the United 
States provides that the National Convention shall be composed of 
delegates and alternates equally divided between men and women. This 
Call, in compliance with the Charter, and pursuant to Rule 6.C. of the 
2000 Delegate Selection Rules, mandates that delegates and alternates 
from each state and jurisdiction shall be equally divided between men 
and women with a variance of no more than one (1).
S. Non-Discrimination: Discrimination on the basis of race, sex, age, 
color, creed, national origin, religion, ethnic identify, sexual 
orientation, economic status or physical disability in the conduct of 
Democratic Party affairs is prohibited.
T. Territories: The term ``territories'' shall refer to American Samoa, 
Democrats Abroad, Guam and the Virgin Islands in this Call.
U. Journal of Proceedings:
1. A record of all actions taken each day by the Convention shall be 
printed and made available to all delegates and alternates the 
following day by the Convention Secretary.
2. The Secretary of the Democratic National Committee will provide a 
journal of the full proceedings of the Convention, which shall be 
printed within the year following the Convention.
Appendix A

Relationship Between the 2000 Rules of Procedure of the Credentials 
Committee and the 2000 Delegate Selection Rules

Under Rule 19.B. of the 2000 Delegate Selection Rules, the Rules and 
Bylaws Committee has jurisdiction over challenges pertaining to the 
submission, non-implementation and violation of state Delegate 
Selection and Affirmative Action Plans. The following ``Rules of 
Procedure of the Credentials Committee of the 2000 Democratic National 
Convention'' describes the procedure for considering challenges once 
the Credentials Committee assumes responsibility for the challenge 
process as otherwise described in Rule 19.B.
All delegates and alternates to the 2000 Democratic National Convention 
shall be selected in accordance with the 2000 Delegate Selection Rules 
and the 2000 Call. Only delegates and alternates selected under a 
delegate selection system approved by the DNC Rules and Bylaws 
Committee pursuant to the 2000 Delegate Selection Rules shall be placed 
on the Temporary Roll of the 2000 Democratic National Convention.
All challenges to the credentials of delegates and alternates to the 
2000 Democratic National Convention shall be processed in accordance 
with the ``Rules of Procedure of the Credentials Committee of the 2000 
Democratic National Convention.''
Rules of Procedure of the Credentials Committee of the 2000 Democratic 
National Convention

1. Jurisdiction of the Credentials Committee
The Credentials Committee shall have jurisdiction to hear and decide:
A. Any challenge brought before the DNC Rules and Bylaws Committee and 
not resolved before June 19, 2000, the 56th calendar day preceding the 
date of commencement of the Democratic National Convention; and,
B. Any challenge alleging:
(1) Failure to implement a final order of the DNC Rules and Bylaws 
Committee; or
(2) Failure to implement a plan approved by the DNC Rules and Bylaws 
Committee, if such challenge is initiated on or after the 56th day 
preceding the date of commencement of the Democratic National 
Convention, except with regard to Rule 18.E. of the Delegate Selection 
Rules.

2. Parties
A. Challenging Parties: A challenge to the credentials of any delegate 
or alternate to the 2000 Democratic National Convention shall be 
brought by at least fifteen (15) Democrats who are residents of the 
state and level at which delegates to the National Convention are 
elected in which the challenge arises, and who fulfill (1), or if there 
is no Democratic Party enrollment or registration in the state, then 
either (2) or (3) below:
(1) Registration or enrollment as Democrats in those states which 
employ such procedures. Persons not registered to vote or persons 
registered as unaffiliated voters or enrolled as members of other 
parties or as independents shall not have standing to bring a 
challenge.
(2) Participation in Democratic Party affairs. Persons who have 
participated in the affairs of another political party during the 
preceding 12-month period shall not have standing to bring a challenge. 
Participation in a party's affairs shall include, but not be limited 
to, voting in the immediately preceding primary of that political 
party.
(3) Any person who lacks standing under paragraphs (1) and (2) and who 
demonstrates that he or she attempted to participate in the affairs of 
the Democratic Party in good faith shall have standing to challenge.
(4) Each challenge shall include a statement indicating that each 
challenger subscribes to the substance, intent and principles of the 
Charter and Bylaws of the Democratic Party of the United States. Each 
challenger must have been personally injured with respect to his or her 
participation in the delegate selection process by any violation 
complained of or shall be so situated that he or she clearly will be 
personally injured by such violation.
B. Challenged Parties:
(1) Where delegates or alternates to the Convention have been selected 
from the level at which delegates to the National Convention are 
elected in which the challenge arises, the challenged party or parties 
shall be a delegate or alternate or a group of delegates or alternates 
or the entire delegation from that level.
(2) Where delegates or alternates to the Convention have not yet been 
selected from the level at which delegates to the National Convention 
are elected in which the challenge arises, the challenged party shall 
be the Democratic Party organization responsible for that level; 
provided that where any state law or state party rule, regulation, 
decision or other state party action or omission is challenged, the 
State Democratic Party shall also be named as a challenged party. If 
during the pendency of the challenge, any delegate(s) or alternate(s) 
of the Convention are selected from the level involved, such 
delegate(s) of alternate(s) shall be joined as challenged parties if 
any relief with respect to their credentials at the Convention is 
sought.
(3) The State Democratic Party shall be joined as a challenged party if 
a challenged party so requests.
C. Intervening Parties:
(1) A State Democratic Party may intervene as of right in any challenge 
proceeding for the purpose of protecting any interest it may have with 
respect to that proceeding.
(2) A presidential candidate may intervene as of right in any challenge 
proceeding for the purpose of protecting any interest he or she may 
have with respect to that proceeding.
(3) For good cause shown, any other person having standing under 
Section 2:A. may be permitted to be heard as an amicus curiae or, in 
appropriate circumstances, to intervene, for all or limited purposes, 
by leave of the Chair of the Credentials Committee or the Hearing 
Officer.

3. Filing, Service of Documents and Computation of Time
A. Filing: Any challenge, answer and accompanying documents to be 
considered in the processing of any challenge shall be filed by hand 
delivery (receipt to be retained), certified mail (return receipt 
requested), or by an overnight delivery service (signature required) 
to: Chair, 2000 Convention Credentials Committee, c /o Democratic 
National Committee, 430 South Capitol Street, S.E., Washington, DC 
20003 with a copy to the Chair of the Democratic Party of the state in 
which the challenge arises. The original and a copy of each document 
shall be filed. Filing shall be deemed complete upon receipt, or in the 
case of hand delivery, upon delivery.
B. Service: Any document filed in any proceeding pursuant to these 
rules shall be served at the same time by the filing party upon all 
other parties to the proceeding, with a copy to the Chair of the 
Democratic Party of the state in which the challenge arises. Service 
shall be made by hand delivery (receipt to be obtained), certified mail 
(return receipt requested), or an overnight delivery service (signature 
required) to each party or his or her attorney, if any. Any document 
filed pursuant to these rules shall be accompanied by a certificate of 
service signed by the filing party or by his or her attorney, if any. 
Service shall be deemed complete, in the case of hand-delivery, on the 
date of receipt by the served party or, in the case of service by 
certified mail or an overnight delivery service, on the first business 
day on which delivery is attempted.
C. Time:
(1) In computing any period of time prescribed by these rules, the day 
of the act or event from which the designated period of time begins to 
run shall not be included. Weekends and holidays shall be included.
(2) The Chair of the Credentials Committee shall have authority for 
good cause, on application of sua sponte, to enlarge or shorten any 
period of time prescribed by these rules. An extension of time shall be 
granted only when compelling need is shown.

4. Challenges
A. A credentials challenge shall be commenced by the filing of a 
written challenge not later than:
(1) Fifteen (15) calendar days after the violation occurred, or
(2) Fifteen (15) calendar days after the selection of any delegate or 
alternate whose credentials to the Democratic National Convention are 
to be put in issue, whichever occurs first. The challenging parties 
shall, within the period provided by the State Democratic Party in its 
Delegate Selection Plan, invoke, and shall thereafter exhaust, the 
remedies provided by State Democratic Party procedures for the 
violations alleged.
B. The challenge shall be verified by the notarized signature of each 
challenging party, and shall include the following:
(1) The name, address and telephone number of each challenging party 
and allegations of fact fulfilling the requirements of Section 2:A.; 
and the name, address and telephone number of each challenging party's 
attorney or other representative authorized to receive documents on 
behalf of the challenger.
(2) The name, address and telephone number of each delegate or 
alternate whose credentials are challenged, or a statement that such 
information is unavailable to the challenging parties; or, where 
delegates or alternates have not yet been selected, the name, address 
and telephone number of each challenged party.
(3) An identification of the state and level at which delegates to the 
National Convention are elected in which the challenge arises.
(4) A plain, concise and specific statement of each violation of a 
state delegate selection plan approved by the DNC Rules and Bylaws 
Committee, or of a final order of the DNC Rules and Bylaws Committee; 
or a statement that the state does not have an approved delegate 
selection plan.
(5) A plain, concise and specific statement of how each challenging 
party has been injured with respect to his or her participation in the 
delegate selection process by each alleged violation.
(6) A plain, concise and specific statement of the remedies each 
challenging party has invoked with respect to each alleged violation 
before filing a credentials challenge with the Credentials Committee, 
and a statement of the expected length of time for exhaustion of the 
state party procedures.
(7) A plain, concise and specific statement of the relief requested and 
the reason therefore. If a challenging party proposes that he or she be 
seated in the state's delegation, the challenge shall include a plain, 
concise and specific statement of the reasons why that party has a 
right to be seated, superior to that of the delegate or alternate whose 
seat he or she seeks; and a plain, concise and specific statement of 
how the challenging party has complied with all applicable laws, rules 
and regulations and has participated in the delegate selection process.
C. The challenge shall be accompanied by the following documents:
(1) A plain, concise and specific statement that contains, by 
separately numbered paragraphs, each violation alleged and each form of 
relief sought.
(2) A list of the name, address and telephone number of each witness 
who is likely to be called to testify in support of the challenge.
(3) A list of the documents likely to be offered in support of the 
challenge, together with copies of those documents.

5. Answer
A. Within ten (10) calendar days after service of a challenge, each 
challenged party shall file a written answer, verified by the notarized 
signature of each challenged party, including the following:
(1) The name, address and telephone number of each challenged party and 
the name, address and telephone number of his or her attorney or other 
representative authorized to receive documents on behalf of the 
challenged party.
(2) A statement as to whether the standing under Section 2:A. of the 
challenging parties is in dispute.
(3) A response to the challenge, separately admitting or denying each 
statement therein, or stating that the challenged party is without 
sufficient information to admit or deny. A response to a statement 
shall fairly meet its substance, admitting those parts that are true 
and denying those parts that are false.
(4) A plain, concise and specific statement of each and every 
affirmative defense to the alleged violations.
(5) A plain, concise and specific statement of any other reasons why 
the challenged party should prevail.
B. The answer shall be accompanied by the following documents:
(1) A plain, concise and specific statement that contains, by reference 
to each numbered paragraph of the challenging statement required by 
Section 4:C.(1), a response to each alleged violation or request for 
relief. A response to a proposition shall fairly meet its substance, 
admitting those parts that are true and denying those parts that are 
false. Wherever a proposition is denied in whole or in part, the 
proposition supported by the challenged party on that point shall be 
stated.
(2) A list of the name, address and telephone number of each witness 
who is likely to be called in opposition to the challenge.
(3) A list of documents likely to be offered in opposition to the 
challenge, together with copies of those documents.
C. Challenged parties may consolidate their answers.

6. Dismissal and Decision on the Pleadings
A. Dismissal:
(1) The Chair of the Credentials Committee shall dismiss any challenge, 
or part of a challenge, which does not fall within the jurisdiction of 
the Credentials Committee.
(2) If a state party has adopted and implemented an approved 
affirmative action program, the Chair shall dismiss any challenge, or 
part of the challenge, which is based solely on composition of the 
Convention delegation, except in the case of a challenge based upon the 
failure to achieve equal division.
(3) The Chair shall have authority to dismiss any challenge which is 
brought by persons lacking standing under Section 2:A., or which 
otherwise fails to comply substantially with the rules, or which is 
otherwise manifestly insufficient.
(4) Any dismissal shall be accompanied by a written opinion by the 
Chair.
B. Decision on the Pleadings. The Chair of the Credentials Committee 
shall have authority to make a decision on the pleadings where it is 
plain from the challenge and the answer, together with the documents 
accompanying those pleadings, that there is no genuine issue of 
material fact between the parties. Any decision on the pleadings shall 
be accompanied by a written opinion by the Chair.
C. Review of Dismissal or Decision on the Pleadings: Within five (5) 
calendar days after service of a notice of the entry of a dismissal 
under Section 6:A. or under Section 6:B., an aggrieved party may file a 
Petition for Review by the Credentials Committee stating the objections 
to the Chair's action, and may file a brief. Within five (5) calendar 
days after service of the petition, any other party may file a brief. 
Consideration of the challenge by the Credentials Committee shall 
proceed as in other cases, except that the challenge shall be given 
precedence on the committee's docket.

7. Decision of the State Party Body
A. The Chair of the Credentials Committee may defer, for such period as 
is appropriate, proceedings on a challenge in order to give time for 
the consideration of any challenge or other related matter under State 
Democratic Party procedures. The deferral period shall not be so long 
as to interfere with the processing and consideration of the challenge 
by the Credentials Committee if that should prove necessary.
B. The State Democratic Party body may take such action with respect to 
the challenge or other related matter as it is authorized to take under 
state law and state party rules.
C. After a decision by a state party body on a challenge or other 
related matter, any party to the challenge pending before the 
Credentials Committee may request the Committee to process the 
challenge and the Committee shall do so. The party making the request 
shall file any written decision or order made with respect to the 
challenge by the state party body. The decision of the state party body 
shall be given such weight as the Credentials Committee finds warranted 
in the circumstances.
D. Records of proceedings conducted by the state party body with 
respect to the challenge or other related matter, and other papers 
relating to the state party proceedings, shall be admissible in 
Credentials Committee proceedings on the challenge.

8. Hearing
A. With respect to any challenge or part of a challenge not dismissed 
or decided on the pleadings under Section 6:, an open and public 
hearing shall be held on the specific factual and legal matters in 
dispute. An electronic or stenographic recording or clerical notes 
shall be made of the proceedings at any such hearing.
B. The hearing shall be held in Washington, D.C. unless the Chair of 
the Credentials Committee determines that in the interest of justice it 
should be held elsewhere.
C. The hearing shall be conducted by a Hearing Officer appointed by the 
Chair of the Credentials Committee. The Hearing Officer shall be a 
Democrat, neutral in the context of the challenge, experienced in the 
law, known by reputation to be fair and shall not be involved in or 
identified with any presidential campaign or any group promoting or 
opposing credentials challenges. The Chair shall make a reasonable 
effort to secure the agreement of the parties to the Hearing Officer.
D. The Hearing Officer shall have all power necessary to conduct the 
hearing in such manner, consistent with these rules, as to secure the 
just, speedy and inexpensive determination of the challenge, including 
the right to require the parties to participate in a pre-hearing 
conference.
E. Prior to the commencement of the hearing, the Hearing Officer shall 
announce a ruling identifying, on the basis of the papers filed in the 
challenge and pre-hearing conference, the specific issues in dispute. 
The Hearing Officer shall have power to rule that on certain issues 
only documentary evidence shall be received. Any party objecting to a 
ruling under this paragraph may make a proffer of the evidence that 
would have been presented but for the ruling.
F. The Hearing Officer shall hear the evidence, dispose of procedural 
requests and similar matters and, to the extent possible, obtain 
stipulations of the parties as to the facts of the challenge.
G. A challenging party shall have the burden of proof by clear and 
convincing evidence on all factual issues necessary to the challenge, 
except that the burden of proof shall rest with the challenged party in 
the case of:
(1) any resolved challenges to a state's affirmative action program 
filed thirty (30) days or more prior to the initiation of the state's 
delegate selection process other than a challenge made on the basis of 
non-implementation of a specific requirement of a state plan; and
(2) any challenge for failure to submit and implement an approved 
affirmative action program by the deadline specified in the Delegate 
Selection Rules.
H. The Hearing Officer shall have authority to receive all competent 
evidence relevant to the specific matters in issue and to assign to it 
appropriate weight.
I. The Hearing Officer shall have authority to order for good cause, on 
application or sua sponte, that a party produce at the hearing 
designated evidence in the interest of justice. Where a party fails to 
produce such evidence, the Hearing Officer may make findings of fact 
adverse to the party on all issues to which the evidence would have 
been material.
J. Subject to any ruling under Section 8:E., each party shall have the 
right to present competent oral and documentary evidence relevant to 
the specific matters in issue and to conduct cross-examination.
K. The Hearing Officer may require parties to consolidate their 
challenge or defense for purposes of the hearing.
L. The Hearing Officer shall make and file a written report to the 
Credentials Committee, which shall include findings of fact, 
conclusions of law and a recommendation for disposition of the 
challenge. The reports shall be served on all parties to the challenge.
M. Any transcript or other papers in the record from any proceedings 
before the DNC Rules and Bylaws Committee shall be part of the record.

9. Consideration by the Credentials Committee
A. The Credentials Committee shall begin meeting at the call of the 
Chair in Washington, D.C., in Los Angles, California, or elsewhere at 
the call of the Chair to hear challenges.
B. All meetings of the Credentials Committee shall be open to the 
public; provided that the Chair of the Committee shall exclude from the 
specific area where the committee is conducting its business all 
persons whose presence in that area is not required for the proper 
conduct of the business.
C. Request for hearing by Full Committee: Within two (2) days after 
service of the Hearing Officer's report, an aggrieved party may file a 
written Petition for Review by the Credentials Committee. The petition 
shall contain a plain, concise and specific statement of the reasons 
for appeal and the procedural and/or substantive errors claimed by the 
petitioner.
D. Briefs:
(1) Within three (3) calendar days after filing the Petition for 
Review, the petitioner for review may file a brief.
(2) Within three (3) calendar days after service of the petitioner's 
brief, a respondent may file a brief.
(3) Any party filing a brief shall file as many copies as there are 
members of the committee, plus ten (10) copies for the Chair and staff 
of the committee.
E. Argument:
(1) Each side of a challenge shall be entitled to present oral argument 
before the committee for a period determined by the Chair of the 
committee, generally not to exceed fifteen (15) minutes.
(2) The Chair of the committee may require parties to consolidate or 
separate their challenges or defense for purposes of oral argument.
(3) The Chair of the committee shall notify the parties of the time and 
place of oral argument.
F. Resolution:
(1) All proposed resolutions relating to the disposition of a 
credentials challenge shall be in writing and signed by the proponent 
and at least one (1) second. Proposed resolutions relating to the 
seating or unseating of delegates or alternates shall be seconded in 
writing by at least seven (7) members, no more than two (2) of whom may 
be members elected by the delegation from the same state as the 
proponent of the resolution.
(2) All proposed resolutions relating to the disposition of a 
credentials challenge shall be framed so as to be dispositive of the 
entire challenge and, to that end, shall be specific in stating the 
action recommended to be taken by the Convention.
(3) Following the submission of all proposed resolutions to the Chair, 
the resolution having the largest number of signed seconds shall become 
the pending order of business. Twenty (20) minutes of debate shall be 
allotted to each proposed resolution, equally divided between the 
proponents and the opponents. At the conclusion of the debate, the 
resolution shall be put to a vote. In the event the resolution is not 
adopted, the proposed resolution having the next largest number of 
signed seconds shall become the pending order of business, and so on 
until the challenge is disposed.
(4) No amendment to any proposed resolution shall be permitted, except 
with the consent of the proponent, and no resolution or propositions on 
a subject different from that under consideration shall be admitted in 
the form of such an amendment.
G. Presidential Preference of Delegation: Except where the issue is the 
expressed presidential preference of the level at which delegates to 
the National Convention are elected represented by the challenged 
delegates, any remedy for a violation shall fairly reflect the 
expressed presidential preference of that level.
H. Voting: A member of the Credentials Committee elected by a state 
delegation shall not vote on a challenge arising in that state. All 
matters shall be determined by a majority vote of those present and 
voting, a quorum of the full Committee being present. A quorum shall 
consist of members present in person representing a majority of the 
total number of committee votes entitled to be counted on the matter.
I. Proxies: Proxy voting shall be prohibited.

10. Committee Report
The Report of the Credentials Committee shall be distributed to all 
delegates, alternates and the public as soon as practicable after its 
adoption.

11. Minority Reports
Upon the request of members representing at least twenty percent (20%) 
of the total votes of the Credentials Committee, a minority report 
shall be prepared for distribution to all Convention delegates, 
alternates and the public part of the Committee's report. This minority 
report shall be distributed at the same time the Credentials Committee 
Report is distributed. No member elected to the committee by a state 
delegation may join in such request as to a proposed minority report 
relating to a credentials challenge to any delegate from his or her 
state. The committee staff assist in the preparation of such report.

12. Record
A. The official record of any proceeding under these rules shall be 
maintained in the office at the Democratic National Committee in 
Washington, D.C. and shall be open and available for public inspection 
and duplication at reasonable times.
B. All meetings of the full Credentials Committee shall be transcribed.

13. Interpretation and Waiver of Rules and Provision for Special Rules
A. These rules shall be interpreted and applied in the interests of 
justice and fairness to all parties, speed and economy. To serve these 
interests, and for good cause, on application or su a sponte, the Chair 
of the committee shall have the authority to waive any provision of 
these rules other than Sections 4:B. and 5:.
B. In the case of any challenge filed on or after June 19, 2000, the 
56th calendar day before the convention begins, the Chair may shorten 
the time periods specified in these rules for processing the challenge, 
including the time to file documents and conduct hearings, as the 
interests of justice and the orderly disposition of challenges dictate; 
provided, however, that in any event:
(1) The challenge and accompanying papers shall be filed not later than 
three (3) days after the occurrence of the violation alleged.
(2) The answer and accompanying papers shall be filed not later than 
three (3) days after service of the challenge.
Appendix B

Method for allocating delegates & alternates for the 2000 Democratic 
National Convention

The Democratic National Committee's method of allocating delegates and 
alternates to the states and territories is set forth in the Call for 
the 2000 Democratic National Convention. A brief overview of that 
system follows:

Pledged Delegates and Alternates
Approximately 82% of the delegates to the 2000 Democratic Convention 
are known as ``pledged delegates'' because they have pledged to support 
a specific presidential candidate. Within each state, these delegates 
are proportionately allocated among the presidential candidates based 
on the results of the state's Democratic presidential primary or 
caucus.

Allocation Base
A base of 3,000 pledged delegates is apportioned among the states and 
the District of Columbia. The delegates are proportionately distributed 
on the basis of Democratic voting strength and population. Democratic 
voting strength is determined by comparing a state's vote for the 
Democratic party's Presidential Nominee in the last three elections 
against the nationwide totals for those elections. A state's share of 
the population is based on its number of electoral votes (using the 
1990 Census). These results are added together and multiplied by .5 to 
calculate an ``Allocation Factor'' for each state.
The specific formula the Democratic National Committee uses for 
allocating delegates is express as follows:


                 1                    SDV 1988 + SDV 1992 + SDV 1996               SEV
                 -    <3-ln (        -------------------------------       +      ----    <3-ln     =       AF
                         >                                                                   )
                 2                    TDV 1988 + TDV 1992 + TDV 1996               538


A = Allocation Factor.
SDV = State's Democratic Vote (for 1988, 1992, and 1996).
TDV = Total Democratic Vote (for 1988, 1992, and 1996).
SEV = State Electoral Vote.


For example:


               1                       349,237 + 505,823 + 475,171                6
               -   <3-ln          --------------------------------      +      ----    <3-ln    =     0.010535
                      (                                                                   )
               2              41,809,074 + 44,909,326 + 47,402,357              538



To ascertain each state's initial share of the 3,000 base number of 
pledged delegates, its Allocation Factor is multiplied by 3,000. 
(Fractions of .5 and above are rounded up to the next highest integer.) 
This number is used to calculate each state's allocation of District-
level and At-Large delegates as described below. As the allocations are 
determined, the base may need to be adjusted to account for any 
rounding that may have occurred.

For example:
Base Delegates = 3,000  x  Allocation Factor = 3,000  x  0.010535 = 
31.606 = 32

District-Level and At-Large Delegates
Once the initial base allocation is calculated, the result is divided 
into two smaller categories. Most of a state's base delegates (75%) are 
allocated to be elected within a Congressional District or some smaller 
unit; these are known as ``District-Level Delegates.'' The balance 
(25%) is allocated to be chosen on a state-wide basis; these are called 
``At-Large Delegates.'' (Fractions of .5 and above are rounded up to 
the next highest integer.)

For example:
District-Level Delegates = 75%  x  32 = 24
At-Large Delegates = 25%  x  32 = 8

Party Leader and Elected Official Delegates
In addition to the base delegates (District-Level + At-Large), each 
state receives an additional 15% to provide delegate positions for 
Party Leaders and Elected Officials. (Fractions of .5 and above are 
rounded upon to the next highest integer.) Persons eligible for these 
positions include big city mayors, state wide elected officials, state 
legislative leaders and state legislators, and other state, county and 
local elected officials and Party leaders.

For example:
Party Leader and Elected Official Delegates = 15%  x  32 = 5

Other U.S. Jurisdictions
Because the Commonwealth of Puerto Rico and the territories do not vote 
in presidential elections, they do not have electoral votes and cannot 
be allocated delegates based on the formula outlined above. Instead, 
the Democratic Party has predetermined the allocation base for these 
jurisdictions as follows: Puerto Rico receives base of 44 delegates; 
American Samoa, Guam and the Virgin Islands each receive three At-Large 
delegate votes (cast by six delegates); and Democrats Abroad receives 
six At-Large and one Party and Elected Official delegate votes (cast by 
14 delegates).

Alternates
In addition to delegates, each state also receives an allocation of 
alternates. An alternate serves in the place of a delegate, if a 
delegate cannot attend the convention, or is absent during part of the 
convention. Just like pledged delegates, alternates are pledged to 
presidential candidates and elected based on the result of the state's 
primary or caucus.
Each state, the District of Columbia and Puerto Rico is allotted one 
alternate for every six pledged delegate votes--with a minimum of four 
alternates for each delegation. Each territory gets one alternate, and 
Democrats Abroad gets two.

For example:
Alternates = One alternate for every six pledged delegate votes = 37 
 6 = 6.17 = 6

Unpledged Delegates
As opposed to the pledged delegates, about 18% of the delegates at the 
convention are ``unpledged'' (the press often refers to these delegates 
as the ``Super Delegates'') and serve as delegates because of some 
prominent office they hold or have held. While unpledged delegates 
probably do have a  presidential preference, this is not a factor in 
why they are delegates. Rather, they serve as delegates because the 
Democratic Party wants the important perspective they bring to the 
decision-making process at the National Convention. The following 
categories describe the individuals who are recognized as unpledged 
delegates:

DNC Members
Each of the approximately 450 elected members of the Democratic 
National Committee serve as unpledged delegates from their respective 
state or territory. (Members from the territories have \1/4\ vote 
each.)

Democratic Governors and Members of Congress.
Every Democratic Governor is recognized as an unpledged delegate. As 
well, each Democratic member of the U.S. Senate and of the U.S. House 
of Representatives is also recognized as an unpledged delegate. (For 
purposes of delegate allocation, the Party counts the District of 
Columbia's Mayor as a Governor, and its ``Statehood Senators'' as U.S. 
Senators.)

Distinguished Party Leaders.
Several state delegations include individuals who serve as unpledged 
delegates because of an office they hold--President Clinton and Vice 
President Gore--or an office they once held. Specifically, this 
category includes former Democratic President and Vice President, 
former Democratic Leaders of the United States, former Democratic 
Speakers or Democratic Minority Leaders of the United States House of 
Representatives, and former National and General Chairs of the 
Democratic National Committee.

Add-on Unpledged Delegates.
Each state also has an opportunity to include one or a small number of 
``Add-on'' unpledged delegates within its delegation. These positions 
are intended to be filled by prominent individuals whom the state's 
Democrats want to include as part of the delegation to the National 
Convention. Again, as unpledged delegates, these individuals serve 
because of their stature, rather than their presidential preference. 
States receive one Add-on unpledged delegate position for every four 
Democratic National Committee members it elects.

Allocation
Except for the Add-on delegates as described above, the unpledged 
delegates are allocated to states and territories based on where an 
individual is registered to vote. Therefore, since these individuals 
might change, move, die or resign, state allocations of unpledged 
delegates are subject to change.

No Alternates
The are no unpledged alternates. Since unpledged delegates serve by 
virtue of holding of a specific office or status, they cannot be 
replaced. If one of these delegates is absent during the convention, 
his or her vote cannot be cast by someone else.
For more information, see also, the Democratic National Committee's 
2000 Democratic National Convention Delegate/Alternate Allocation. This 
chart shows the current number of delegates and alternates each state 
will send to the 2000 Convention (subject to change as noted above).
Appendix C

2000 Democratic National Convention Allocation of Convention Pages to 
States

Approved by the Democratic National Committee at its meeting September 
26, 1998

State/Territory Pages

-----------------------------------------------------------------------
Alabama         2
-----------------------------------------------------------------------
Alaska          2
-----------------------------------------------------------------------
Arizona         2
-----------------------------------------------------------------------
Arkansas        2
-----------------------------------------------------------------------
California      11
-----------------------------------------------------------------------
Colorado        2
-----------------------------------------------------------------------
Connecticut     2
-----------------------------------------------------------------------
Delaware        2
-----------------------------------------------------------------------
District of     2
Columbia
-----------------------------------------------------------------------
Florida         5
-----------------------------------------------------------------------
Georgia         3
-----------------------------------------------------------------------
Hawaii          2
-----------------------------------------------------------------------
Idaho           2
-----------------------------------------------------------------------
Illinois        5
-----------------------------------------------------------------------
Indiana         2
-----------------------------------------------------------------------
Iowa            3
-----------------------------------------------------------------------
Kansas          2
-----------------------------------------------------------------------
Kentucky        2
-----------------------------------------------------------------------
Louisiana       2
-----------------------------------------------------------------------
Maine           2
-----------------------------------------------------------------------
Maryland        3
-----------------------------------------------------------------------
Massachusetts   3
-----------------------------------------------------------------------
Michigan        4
-----------------------------------------------------------------------
Minnesota       3
-----------------------------------------------------------------------
Mississippi     2
-----------------------------------------------------------------------
Missouri        3
-----------------------------------------------------------------------
Montana         2
-----------------------------------------------------------------------
Nebraska        2
-----------------------------------------------------------------------
Nevada          2
-----------------------------------------------------------------------
New Hampshire   2
-----------------------------------------------------------------------
New Jersey      3
-----------------------------------------------------------------------
New Mexico      2
-----------------------------------------------------------------------
New York        7
-----------------------------------------------------------------------
North Carolina  3
-----------------------------------------------------------------------
State/Territory Pages

-----------------------------------------------------------------------
North Dakota    2
-----------------------------------------------------------------------
Ohio            4
-----------------------------------------------------------------------
Oklahoma        2
-----------------------------------------------------------------------
Oregon          2
-----------------------------------------------------------------------
Pennsylvania    5
-----------------------------------------------------------------------
Puerto Rico     2
-----------------------------------------------------------------------
Rhode Island    2
-----------------------------------------------------------------------
South Carolina  2
-----------------------------------------------------------------------
South Dakota    2
-----------------------------------------------------------------------
Tennessee       2
-----------------------------------------------------------------------
Texas           6
-----------------------------------------------------------------------
Utah            2
-----------------------------------------------------------------------
Vermont         2
-----------------------------------------------------------------------
Virginia        3
-----------------------------------------------------------------------
Washington      3
-----------------------------------------------------------------------
West Virginia   2
-----------------------------------------------------------------------
Wisconsin       3
-----------------------------------------------------------------------
Wyoming         2
-----------------------------------------------------------------------
American Samoa  1
-----------------------------------------------------------------------
Democrats       1
Abroad
-----------------------------------------------------------------------
Guam            1
-----------------------------------------------------------------------
Virgin Islands  1
-----------------------------------------------------------------------
  Total         150
-----------------------------------------------------------------------
Appendix D

2000 Democratic National Convention Allocation of Standing Committee 
Members (per committee)

Approved by the Democratic National Committee at its meeting September 
26, 1998

State/Territory Members        Votes

-----------------------------------------------------------------------
Alabama         2             2
-----------------------------------------------------------------------
Alaska          1             1
-----------------------------------------------------------------------
Arizona         2             2
-----------------------------------------------------------------------
Arkansas        1             1
-----------------------------------------------------------------------
California      17            17
-----------------------------------------------------------------------
Colorado        2             2
-----------------------------------------------------------------------
Connecticut     2             2
-----------------------------------------------------------------------
Delaware        1             1
-----------------------------------------------------------------------
District of     1             1
Columbia
-----------------------------------------------------------------------
Florida         7             7
-----------------------------------------------------------------------
Georgia         3             3
-----------------------------------------------------------------------
Hawaii          1             1
-----------------------------------------------------------------------
Idaho           1             1
-----------------------------------------------------------------------
Illinois        7             7
-----------------------------------------------------------------------
Indiana         3             3
-----------------------------------------------------------------------
Iowa            2             2
-----------------------------------------------------------------------
Kansas          1             1
-----------------------------------------------------------------------
Kentucky        2             2
-----------------------------------------------------------------------
Louisiana       3             3
-----------------------------------------------------------------------
Maine           1             1
-----------------------------------------------------------------------
Maryland        3             3
-----------------------------------------------------------------------
Massachusetts   4             4
-----------------------------------------------------------------------
Michigan        6             6
-----------------------------------------------------------------------
Minnesota       3             3
-----------------------------------------------------------------------
Mississippi     2             2
-----------------------------------------------------------------------
Missouri        3             3
-----------------------------------------------------------------------
Montana         1             1
-----------------------------------------------------------------------
Nebraska        1             1
-----------------------------------------------------------------------
Nevada          1             1
-----------------------------------------------------------------------
New Hampshire   1             1
-----------------------------------------------------------------------
New Jersey      5             5
-----------------------------------------------------------------------
New Mexico      1             1
-----------------------------------------------------------------------
New York        11            1
-----------------------------------------------------------------------
North Carolina  4             4
-----------------------------------------------------------------------
North Dakota    1             1
-----------------------------------------------------------------------
State/Territory Members        Votes

-----------------------------------------------------------------------
Ohio            7             7
-----------------------------------------------------------------------
Oklahoma        2             2
-----------------------------------------------------------------------
Oregon          2             2
-----------------------------------------------------------------------
Pennsylvania    7             7
-----------------------------------------------------------------------
Puerto Rico     2             2
-----------------------------------------------------------------------
Rhode Island    1             1
-----------------------------------------------------------------------
South Carolina  2             2
-----------------------------------------------------------------------
South Dakota    1             1
-----------------------------------------------------------------------
Tennessee       3             3
-----------------------------------------------------------------------
Texas           9             9
-----------------------------------------------------------------------
Utah            1             1
-----------------------------------------------------------------------
Vermont         1             1
-----------------------------------------------------------------------
Virginia        4             4
-----------------------------------------------------------------------
Washington      3             3
-----------------------------------------------------------------------
West Virginia   1             1
-----------------------------------------------------------------------
Wisconsin       3             3
-----------------------------------------------------------------------
Wyoming         1             1
-----------------------------------------------------------------------
American Samoa  1             0.25
-----------------------------------------------------------------------
Democrats       1             0.25
Abroad
-----------------------------------------------------------------------
Guam            1             0.25
-----------------------------------------------------------------------
Virgin Islands  1             0.25
-----------------------------------------------------------------------
Party & Elected 25            25
Officials
-----------------------------------------------------------------------
  Total         186           183
-----------------------------------------------------------------------

F. Rules of the Republican Party Relating to the Convening of the 2000 
National Convention \1\

Rule 30. Call of Next Convention
The Republican National Committee shall issue the call for the next 
national convention to nominate candidates for President of the United 
States and Vice President of the United States prior to January 1 of 
the year in which the national convention is to be held. The Republican 
National Committee shall issue and promulgate the call in a manner 
consistent with these rules. The call shall include the text of the 
rules relating to the convening and the proceedings of the national 
convention.
---------------------------------------------------------------------------
\1\ The Rules of the Republican Party, as adopted Aug. 12, 1996, 
Republican National Committee, Washington, DC at pp. 15-29.
---------------------------------------------------------------------------

Rule 31. Membership in Convention
The membership of the next national convention shall consist of:
(a) Delegates.
(1) Six (6) delegates at large from each of the fifty (50) states.
(2) Three (3) district delegates for each Representative in the United 
States House of representatives from each state.
(3) Four (4) delegates at large from American Samoa, fourteen (14) 
delegates at large from the District of Columbia, four (4) delegates at 
large from Guam, fourteen (14) delegates at large from Puerto Rico, and 
four (4) delegates at large from the Virgin Islands; provided, however, 
that if Puerto Rico shall become a state prior to the next national 
convention, the number of delegates from Puerto Rico shall be 
calculated in accordance with the same formula used for the other 
states.
(4) From each state having cast its electoral votes or a majority 
thereof, for the Republican nominee for President of the United States 
in the last preceding election; four and one-half (4\1/2\) delegates at 
large plus a number of the delegates at large equal to sixty percent 
(60%) of the number of electoral votes of that state; provided, 
however, that if Puerto Rico shall become a state prior to the next 
national convention, it shall be presumed that it would have cast its 
electoral votes, or a majority thereof, for the Republican nominee in 
the last preceding election. (In the computation of the number of 
delegates at large, any sum of the four and one-half (4\1/2\) plus the 
sixty percent (60%) representing a fraction shall be increased to the 
next whole number.) In addition, one (1) delegate at large shall be 
awarded to a state for any and each of the following public officials 
elected by such state in the year of the last preceding presidential 
election or at any subsequent election held prior to January 1 of the 
year in which the next national convention is held:
(i) A Republican governor, provided that no such additional delegate at 
large award to any state shall exceed one (1);
(ii) Membership in the Republican Party of at least one-half (\1/2\) of 
the Representatives representing a state in the United States House of 
Representatives; provided that no such additional delegate at large 
award to any state shall exceed one (1);
(iii) Membership in the Republican Party of a majority of the members 
of any chamber of a state legislature, if such chamber has been 
organized, and is presided over (if the presiding officer is elected by 
the chamber), by Republicans; or, if the membership in the Republican 
Party of the members of any chamber of a state legislature increases by 
twenty-five percent (25%) or more, so long as twenty-five percent (25%) 
or more, so long as twenty-five percent (25%) equals at least two (2) 
legislators; provided that no such additional delegate at large award 
to any state shall exceed one (1).
(iv) Membership in the Republican party of a majority of all chambers 
of a state legislature, if all such chambers are presided over (if the 
presiding officer is elected by the chamber), by a Republican; provided 
that no such additional delegate at large award to any state shall 
exceed one (1).
(5) In addition, one (1) delegate at large shall be awarded to a state 
for any and each Republican United States Senator elected by such state 
in the six (6) year period prior to January 1 of the year in which the 
next national convention is held; provided that no such additional 
delegate at large award to any state shall exceed two (2).
(6) In addition to the delegates as calculated above and in paragraph 
(9) below, any state party, including American Samoa, the District of 
Columbia, Guam, Puerto Rico, and the Virgin Islands, notwithstanding 
the definition of ``state'' or ``states'' as set forth in Rule No. 3, 
which holds a presidential primary, caucus, convention, or meeting for 
the purpose of voting for a presidential candidate and/or selecting 
delegates to the national convention during the time periods indicated 
below, shall be awarded additional delegates as follows:
(i) Any state party, including American Samoa, the District of 
Columbia, Guam, Puerto Rico, and the Virgin Islands, which holds a 
presidential primary, caucus, convention, or meeting for the purpose of 
voting for a presidential candidate and/or selecting delegates to the 
national convention on or between March 15 and April 14, inclusive, of 
the year in which the national convention is held shall be awarded 
additional delegates at large in an amount equal to five percent (5%) 
of such state's above-calculated delegate allocation total.
(ii) Any state party, including American Samoa, the District of 
Columbia, Guam, Puerto Rico, and the Virgin Islands, which holds a 
presidential primary, caucus, convention, or meeting for the purpose of 
voting for a presidential candidate and/or selecting delegates to the 
national convention on or between April 15 and May 14, inclusive, of 
the year in which the national convention is held shall be awarded 
additional delegates at large in an amount equal to seven and one-half 
percent (7.5%) of such state's above-calculated delegate allocation 
total.
(iii) Any state party including American Samoa, the District of 
Columbia, Guam, Puerto Rico, and the Virgin Islands, which holds a 
presidential primary, caucus, convention, or meeting for the purpose of 
voting for a presidential candidate and/or selecting delegates to the 
national convention on or between May 15 and the third Tuesday of June, 
inclusive, of the year in which the national convention is held shall 
be awarded additional delegates at large in an amount equal to ten 
percent (10%) of such state's above-calculated delegate allocation 
total.
(iv) In the computation of the number of delegates pursuant to Rule 
31(a)(6), any sum representing a fraction shall be rounded to the 
nearest whole number.
(7) Within twenty (20) days following the deadline for filing the 
materials specified in Rule No. 32(d)(1), the Republican National 
Committee shall notify all state parties of the claims for additional 
delegates made by each state party pursuant to the provisions of Rule 
No. 31(a)(6).
(8) In addition, if the District of Columbia shall have cast its 
electoral votes, or a majority thereof, for the Republican nominee for 
President of the United States in the last preceding presidential 
election: four and one-half (4\1/2\) delegates at large plus the number 
of delegates at large equal to thirty percent (30%) of the fourteen 
(14) delegates at large allotted to the District of Columbia. (In the 
computation of the number of delegates at large, any sum of the four 
and one-half (4\1/2\) plus the thirty percent (30%) representing a 
fraction shall be increased to the next whole number.
(9) Any state which would receive fewer delegates under all provisions 
of this rule than it received to the 1972 Republican National 
Convention shall have its number of delegates increased to the same 
number of delegates it received to the 1972 Republican National 
Convention.
(b) Alternate Delegates.
One (1) alternate delegate for each delegate to the national 
convention.
(c) Excessive Claims.
Except as provided in Rule No. 32(d)(3), any state party may contest 
the number of delegates claimed by any other state party pursuant to 
Rule No. 31(a)(6)(i), (ii), or (iii), by filing a notice of contest 
with the secretary of the Republican National Committee.
(1) Such notice shall state the grounds of the contest and shall be 
filed no later than twenty (20) days after the receipt by the 
contesting state party of the notification sent to each state party by 
the Republican National Committee pursuant to Rule No. 31(a)(7).
(2) Within five (5) days, the secretary of the Republican National 
Committee shall notify the contested party that a notice of contest has 
been filed.
(3) No later than thirty days (30) after the filing of the contest, 
each party thereto shall file with the secretary of the Republican 
National Committee at least three (3) printed or typewritten copies of 
the statement of position in support of the party's claim regarding the 
total number of delegates claimed under Rule No. 31(a)(6)(i), (ii), or 
(iii), together with such affidavits or other evidence as desired. The 
secretary of the Republican National Committee, upon receiving the 
statement of position of a party, shall furnish the opposing party a 
copy of said statement of position. Each statement of position shall 
include a summary of not more than one thousand (1,000) words 
succinctly setting forth a synopsis of the statement of position and a 
specific statement of the points relied upon.
(4) On or before October 1 of the year before the year in which the 
national convention is held, the Committee on Contests shall hear and 
decide all contests presented to it. The issues decided by the 
Committee on Contests shall be the sole issues for appeal to the 
Executive Committee of the Republican National Committee.
(5) The parties shall have twenty (20) days following receipt of said 
decision to file a written notice of appeal to the Executive Committee 
of the Republican National Committee.
(6) On or before December 1 of the year before the year in which the 
national convention is held the Executive Committee of the Republican 
National Committee shall hear and decide all appeals presented.
(d) Any state party may set the date for any primary, caucus, 
convention, or meeting for the purpose of voting for a presidential 
candidate and/or selecting delegates to the national convention. To the 
extent a state party's rules are in conflict with its state laws with 
respect to this rule, the provisions of this rule and the state party's 
rules shall control. To the extent the provisions of the rule are 
inconsistent with the provisions of Rule No. 32, the provisions of this 
rule shall be controlling for all purposes.

Rule 32. Election of Delegates and Alternate Delegates
(a) Order of precedence.
Delegates at large and their alternate delegates and delegates from 
congressional districts and their alternative delegates to the national 
convention shall be elected in the following manner:
(1) In accordance with any applicable laws of a state, insofar as the 
same are not inconsistent with these rules; or
(2) To the extent not provided for in the applicable laws of a state, 
in accordance with any applicable Republican Party rules of a state, 
insofar as the same are not inconsistent with these rules; or
(3) By a combination of the methods set forth in paragraphs (a)(1) or 
(a)(2) of this rule; or
(4) To the extent not provided by state law or party rules, as set 
forth in paragraph (c) of this section.
(b) General.
In all elections of delegates or alternate delegates to the national 
convention, the following rules shall apply:
(1) In any jurisdiction in which Republican representation upon the 
board of judges or inspectors of elections for primary elections is 
denied by law, delegates and alternate delegates shall be elected as 
provided in paragraphs (a)(2) or (a)(4) of this section.
(2) In selecting delegates and alternate delegates to the national 
convention, no state law shall be observed which hinders, abridges, or 
denies to any citizen of the United States, eligible under the 
Constitution of the United States to hold the office of President of 
the United States or Vice President of the United States, the right or 
privilege of being a candidate under such law for the nomination for 
President of the United States or Vice President of the United States 
or which authorizes the election of a number of delegates or alternate 
delegates from any state to the national convention different from that 
fixed in these rules.
(3) Alternate delegates shall be elected to the national convention for 
each unit of representation equal in number to the number of delegates 
elected therein and shall be chosen in the same manner and at the same 
time as the delegates, and under the same rules; provided, however, 
that if the law of any state shall prescribe another method of choosing 
alternate delegates they may be chosen in accordance with the 
provisions of the law of the state in which the election occurs.
(4) Delegates and alternate delegates at large to the national 
convention when serving as delegates and alternate delegates shall be 
residents of a duly qualified voters in their respective states. All 
delegates and alternate delegates allocated as delegates and alternate 
delegates at large shall be elected at large in the several states; 
provided, however, that such allocation and method of election may be 
varied in any state to the extent, and only to the extent, necessary to 
avoid conflict with state law applicable to the selection of national 
convention delegates if such varying allocation and method of election 
were those pursuant to which delegates at large and alternate delegates 
at large were elected to the 1988 Republican National Convention from 
that state.
(5) Delegates and alternate delegates to the national convention 
representing congressional districts shall be residents of and 
qualified voters in said districts respectively when elected and when 
serving as delegates and alternate delegates. There shall be three (3) 
delegates and three (3) alternate delegates allocated to represent each 
Congressional district of the several states, who shall be elected by 
each such congressional district; provided, however, that such number 
of delegates and alternate delegates allocated to represent, and 
elected by, any congressional district of a state may be reduced or 
increased to the extent, and only to the extent, necessary to avoid 
conflict with state law applicable to the selection of national 
convention delegates if such varying allocation was that pursuant to 
which district delegates and alternate district delegates were elected 
to the 1988 Republican National Convention from the state.
(6) No delegate or alternate delegate to the national convention shall 
be required to pay an assessment or fee in excess of that provided by 
the law of the state in which his or her election occurs as a condition 
of serving as a delegate or alternate delegate to the national 
convention.
(7) There shall be no automatic delegates to the national convention 
who serve by virtue of party position or elective office.
(8) Delegates and alternate delegates to the national convention may be 
elected only in one of the following manners:
(i) by primary election;
(ii) by the Republican state committee, where specifically provided by 
state law;
(iii) by state and congressional district conventions;
(iv) by any method consistent with these rules by which delegates and 
alternate delegates were selected to the 1984 Republican National 
Convention in that state.
(9) No state law shall be observed which permits any person to 
participate in a primary delegate and alternate delegate selection 
process that also permits that person at the same primary to 
participate in the choosing of nominees of any other party for other 
elective office. Delegates and alternate delegates shall in that event 
be elected by congressional district or state conventions pursuant to 
paragraph (c) of this rule.
(10) No delegates or alternate delegates shall be selected pursuant to 
any Republican Party rule of a state or state law which materially 
changes the manner of selecting delegates or alternate delegates or the 
date upon which such state party holds a presidential primary, caucus, 
convention, or meeting for the purpose of voting for a presidential 
candidate and/or selecting delegates to the national convention if such 
changes were adopted or made effective after July 1 of the year before 
the year in which the national convention is to be held. Where it is 
not possible for a state party to certify the manner and the date upon 
which it holds a presidential primary, caucus, convention, or meeting 
for the purpose of voting for a presidential candidate and/or selecting 
delegates to the national convention in effect in that state on the 
date and in the manner provided in paragraph (d) of this rule, the 
process for holding the presidential primary, caucus, convention, or 
meeting for the purpose of voting for a presidential candidate and/or 
selecting delegates to the national convention shall be conducted in 
the same manner and held upon the same date as was used for the 
immediately next preceding national convention. If it is not possible 
to hold a presidential primary, caucus, convention, or meeting for the 
purpose of voting for a presidential candidate and/or selecting 
delegates to the national convention upon the same date as was used for 
the immediately next preceding national convention, then delegates or 
alternate delegates shall be selected by congressional district or 
state conventions pursuant to paragraph (c) of this rule.
(11) Except with respect to delegates and alternate delegates elected 
under paragraph (b)(8)(ii) of this rule and if consistent with 
paragraph (c)(5) of this rule:
(i) no presidential primary, caucus, convention, or other meeting may 
be held for the purpose of voting for a presidential candidate and/or 
selecting delegates or alternate delegates to the national convention, 
prior to the first Monday of February or after the third Tuesday of 
June in the year in which the national convention is held; and,
(ii) the selection process of choosing those who will select delegates 
or alternate delegates shall not begin before September 1 of the year 
before the year in which the national convention is to be held.
(12) The Republican National Committee may grant a waiver to a state 
party from certain provisions of this rule in the following instances:
(i) Notwithstanding the provisions of Rule No. 32(a), a state party may 
select its delegates and alternate delegates by rules inconsistent with 
Rule No. 32(a)(1), provided that those state party rules are not 
otherwise inconsistent with the Rules of the Republican Party, and 
provided that the Republican National Committee determines that the 
state law being waived hereunder is adverse to the best interests of 
the Republican Party in that state.
(ii) Where it is not possible for a state party to comply with the July 
1 deadline delineated in paragraph (d) of this rule and not possible 
for a state party to hold its presidential primary, caucus, convention, 
or meeting for the purpose of voting for a presidential candidate and/
or selecting delegates to the national convention as was used for the 
immediately next preceding national convention or to select delegates 
or alternate delegates by congressional district or state conventions 
pursuant to paragraph (c) of this rule, and the Republican National 
Committee determines that granting such waiver is in the best interests 
of the Republican Party.
(c) Conventions.
Wherever state law permits or the Republican Party rules of a state 
require the election of delegates and alternate delegates by convention 
or there is no applicable state law or Republican Party rule, delegates 
and alternate delegates to the national convention shall be elected by 
congressional district or state conventions pursuant to the following 
rules:
(1) Congressional district or state conventions shall be called by the 
Republican state committee.
(2) Delegates to Congressional district conventions may be elected in 
precinct caucuses, mass meetings, mass conventions, or county 
conventions in which only eligible voters in such precinct, county, or 
district, as the case may be, shall vote.
(3) Notices of the call for any such caucus, meeting, or convention 
shall be published in a newspaper or newspapers of general circulation 
in the county, district, or state, as the case may be, not less than 
fifteen (15) days prior to the date of such caucus, meeting, or 
convention.
(4) Only persons eligible to vote who are deemed to be Republicans 
pursuant to state law or by party rules of a state shall participate in 
any Republican caucus, mass meeting, or mass convention held for the 
purpose of selecting delegates to county, district or state conventions 
and only such legal and qualified voters shall be elected as delegates 
to county, district, and state conventions; provided, however, that in 
addition to the qualifications provided herein, the governing 
Republican committee of each state shall have the authority to 
prescribe additional qualifications not inconsistent with law. Such 
additional qualifications shall be adopted and published in at least 
one (1) daily newspaper having a general circulation throughout the 
state, such publication to be at least ninety (90) days before such 
qualifications become effective.
(5) No delegates shall be deemed eligible to participate in any 
congressional district or state convention the purpose of which is to 
elect delegates to the national convention who are elected prior to the 
date of issuance of the call of such national convention.
(6) Congressional district conventions shall be composed of delegates 
who are persons eligible to vote and who are deemed to be Republicans 
pursuant to state law or party rules. State conventions shall be 
composed of delegates who are persons eligible to vote and who are 
deemed to be Republicans pursuant to state law or party rules in the 
respective districts which they represent in said state conventions. 
Such delegates shall be apportioned by the state Republican Party among 
counties, parishes, and cities of the state or district having regard 
to the Republican vote or the population therein.
(7) There shall be no proxies at any district or state convention 
(which shall not include meetings of a Republican state committee) held 
for the purpose of selecting delegates to the national convention. If 
alternate delegates to such selection convention are selected, the 
alternate delegate and no other shall vote in the absence of the 
delegate.
(d) Certification and filing by state committees.
(1) On or before July 1 of the year before the year in which the 
national convention is to be held, each Republican state committee 
shall adopt rules, procedures, policies, and instructive materials 
(prepared pursuant to Rule No. 34(a)) governing the selection of 
delegates and alternate delegates to the national convention to convene 
during the following year and shall certify and file with the secretary 
of the Republican National Committee true copies of the same and of all 
statutes governing the selection of such delegates and alternate 
delegates.
(2) Any state committee which fails to certify and file such rules, 
procedures, policies, and instructive materials on or before July 1 of 
the year before the year in which the national convention is held may 
not claim or be awarded any additional delegates as provided in Rule 
No. 31(a)(6).
(3) Any state committee which fails to certify and file such rules, 
procedures, policies, and instructive materials on or before July 1 of 
the year before the year in which the national convention is held may 
not contest the award of any additional delegates as provided in Rule 
No. 31(a)(6) to any other state.

Rule 33. Election of Excess Delegates and Alternate Delegates.
(a) No state shall elect a greater number of persons to act as 
delegates and alternate delegates than the actual number of delegates 
and alternate delegates respectively to which it is entitled under the 
call for the national convention. No unit of representation may elect 
any delegate or alternate delegate, with permission to cast a 
fractional vote.
(b) Where more than the authorized number of delegates from any state 
is certified and forwarded to the secretary of the Republican National 
Committee in the manner provided in rule 35, a contest shall be deemed 
to exist and the secretary shall notify the several claimants so 
reported and shall submit all such credentials and claims to the whole 
Republican National Committee for decision as to which claimants 
reported shall be placed upon the temporary roll of the national 
convention.

Rule 34. Participation.
(a) The Republican National Committee shall assist the states in their 
efforts to inform all citizens as to how they may participate in 
delegate selection procedures. The states, in cooperation with the 
Republican National Committee, shall prepare instructive material on 
delegate selection methods and make it available for distribution.
(b) Participation in a Republican primary, caucus, or any meeting or 
convention held for the purpose of selecting delegates and alternate 
delegates to a county, district, state, or national convention shall in 
no way be abridged for reasons of sex, race, religion, color, age, or 
national origin. The Republican National Committee and the Republican 
state committee or governing committee of each state shall take 
positive action to achieve the broadest possible participation by men 
and women, young people, minority and heritage groups, senior citizens, 
and all other citizens in the delegate selection process.
(c) Unless otherwise provided by the laws of the state in which the 
election occurs, in those states where delegates and alternate 
delegates are elected through the convention system of a combination of 
convention and primary systems, the precinct, ward, township, or county 
meetings shall be open meetings, and all citizens who are qualified 
shall be urged to participate.
(d) Each state shall endeavor to have equal representation of men and 
women in its delegation to the Republican National Convention.
(e) The provisions of these rules are not intended to be the basis of 
any kind of quota system.
(f) On or after January 1, 1997, no state law or party rule shall be 
observed that allows persons who have participated or are participating 
in the selection of any nominee of a party other than the Republican 
Party, including, but not limited to, through the use of a multi-party 
primary or similar type ballot, to participate in the selection of a 
nominee of the Republican Party for that general election. No person 
nominated in violation of this rule shall be recognized as the nominee 
of the Republican Party. If state law or state party rule provides for 
the selection of the nominee of the Republican Party in violation of 
this rule, the Republican nominee shall be selected by a convention 
convened and held under procedures not inconsistent with the provisions 
of Rule No. 32(c), unless a state party rule provides specifically to 
the contrary.

Rule 35. Certification of Election.
(a) All delegates and alternate delegates shall be elected not later 
than thirty-five (35) days before the date of the meeting of the 
national convention, unless otherwise provided by the laws of the state 
in which the election occurs.
(b) Election of delegates and alternate delegates shall be certified:
(1) in every case where they are elected by convention, by the chairman 
and secretary of such convention or by the chairman and secretary of 
the Republican state committee, and forwarded to the secretary of the 
Republican National Committee;
(2) in every case where they are elected by primary, by the canvassing 
board or officer created or designated by the law of the state in which 
the election occurs, to canvass the returns and issue certificates of 
election to delegates or alternate delegates to national conventions of 
political parties, and all certificates shall be forwarded by said duly 
elected delegates and alternate delegates in the manner herein 
provided; and
(3) in every case where they are elected by the Republican state 
committee, by the chairman and secretary of the Republican state 
committee, and forwarded to the secretary of the Republican National 
Committee.
(c) No later than thirty (30) days before the time set for the meeting 
of the national convention, the credentials of each delegate and 
alternate delegate shall be filed with the secretary of the Republican 
National Committee for use by the secretary in making up the temporary 
roll of the national convention, except in the case of delegates or 
alternate delegates elected at a time or times in accordance with the 
laws of the state in which the election occurs rendering impossible the 
filing of credentials within the time specified.

Rule 36. Contests: Resolution by States.
All contests arising in any state electing district delegates by 
district conventions shall be decided by its state convention, or, if 
the state convention shall not meet prior to the national convention, 
then by its state committee. Only contests affecting delegates elected 
at large shall be presented to the Republican National Committee; 
provided, however, if the contest regarding a district delegate arises 
out of the irregular or unlawful action of the state committee or state 
convention, the Republican National Committee may take jurisdiction 
thereof and hear and determine the same under the procedures provided 
in rules 38 and 39.

Rule 37. Temporary Roll.
(a) The names of the delegates and alternate delegates presenting 
certificates of election from the officials designated in rule 35 shall 
be placed upon the temporary roll of the national convention by the 
Republican National Committee.
(b) No person on the temporary roll of the national convention and 
whose right to be seated as a delegate or alternate delegate is being 
contested shall be entitled to vote in the national convention or in 
any committee thereof until by vote of the national convention the 
contest as to such person has been finally decided and such person has 
been permanently seated, except that any such person may be accorded 
the right to so vote, except in matters involving the credentials of 
that person, by an affirmative vote a majority of the members of the 
Republican National Committee or the Committee on Credentials.

Rule 38. Contest Filing.
(a) Notices of contests shall state the grounds of the contest and 
shall be filed, no later than thirty (30) days before the time set for 
the meeting of the national convention, with the secretary of the 
Republican National Committee and shall be sent simultaneously, by 
registered mail to the person or persons being contested, except in the 
case of delegates or alternate delegates elected at a time or times in 
accordance with applicable state law rendering impossible the filing of 
the notice of contest within the time above specified.
(b) Notices of contests may be filed only by a resident of the state 
whose delegation is challenged who was eligible to participate at any 
level in the delegate selection process of that state.
(c) Only contests that are timely filed under these rules shall be 
considered.
(d) For purposes of the rules relating to contests and credentials, the 
term ``party'' shall mean a person or persons who shall have filed a 
notice of contest pursuant to this rule 38, and the person or persons 
whose right to be seated as a delegate or alternate delegate is the 
subject of such notice of contest.

Rule 39. Contest Procedure.
(a) The Committee on Contests shall have the power to adopt procedural 
rules, not inconsistent with these rules, which shall govern the 
expeditious prosecution of contests before the Committee on Contests. 
When any deadline set out in this rule falls on a Sunday or legal 
holiday, such deadline shall be extended to the following day.
(b) No later than twenty-two (22) days before the convening of the 
national convention (or, in the case of delegates or alternate 
delegates elected at a time or times in accordance with applicable 
state law rendering impossible compliance with this requirement, within 
five (5) days after such election), each of the parties shall file with 
the secretary of the Republican National Committee at least three (3) 
printed or typewritten copies of the statement of position in support 
of the party's claim to sit as delegates or alternate delegates to the 
national convention together with such affidavits or other evidence as 
desired. The secretary of the Republican National Committee, upon 
receiving the statement of position of a party, shall furnish the 
opposing party a copy of said brief.
Each statement of position shall begin with a summary of not more than 
one thousand (1,000) words setting forth succinctly a synopsis of the 
statement of position and a specific statement of the points relied 
upon.
(c) The Committee on Contests shall promptly hear the matter; decide 
what issues are involved, either of law or fact, or both; and decide 
upon its recommendation for resolution of such issues; and, submit such 
issues and its recommendations for resolution to the Republican 
National Committee. The issues so submitted by the Committee on 
Contests shall be the sole issues passed upon and determined by the 
Republican National Committee unless the Republican National Committee 
shall, by a majority vote, extend or change the same.
If the Committee on Contests for any reason shall fail to state the 
issues either of law or fact, the Republican National Committee shall 
decide upon what issues the contest shall be tried, and the hearing 
shall be limited to such issues unless the Republican National 
Committee, by a majority vote, shall decide otherwise.
(d) The Committee on Contests shall make up a report of each contest 
filed, showing the grounds of contest; the statute and rule, if any, 
under which the contest is waged; and the contentions of each party 
thereto. The report shall conclude with a statement of the points of 
issue in the contest, both of fact and law, and a statement of the 
recommendation of the Committee on Contests as to resolution of such 
points of issue, and shall be signed by the chairman or his designee. 
When the Committee on Contests has prepared such report stating the 
issues of law and fact, a copy of the statement of such issues shall be 
submitted forthwith to a person in the convention city, whom the 
parties must appoint at the time of filing the contest to receive such 
statement, and a copy shall be served forthwith by the chairman of the 
Committee on Contests upon the parties by the most expeditious method 
available, providing for written evidence of receipt including, but no 
limited to, overnight delivery service.
(e) The parties shall have eight (8) days to file written objections to 
the Committee on Contests' statement of the issues of fact or law, or 
both, unless the Republican National Committee is called to act upon 
the contest sooner, in which case such objections shall be made before 
the meeting of the whole committee. If the parties reside in American 
Samoa, Guam, Alaska, Hawaii, Puerto Rico, or the Virgin Islands they 
shall be entitled to ten (10) days to file written objections.
The objections shall contain any additional statement of issues of 
either law or fact, or both, claimed by the party submitting the same 
to be involved in and necessary to be decided in the contest.
(f) When the Republican National Committee is called to pass upon any 
contest that may arise, the members of the Committee on Credentials 
shall also be notified of the time and place of such meeting and shall 
have the right to attend all hearings of all contests but without the 
right to participate in the discussion or the vote.

Rule 40. Convention Committee on Credentials.
(a) When the national convention shall have assembled, the secretary of 
the Republican National Committee shall deliver to the Committee on 
Credentials all credentials and other papers forwarded under rule 
35(c).
(b) An appeal may be taken to the Committee on Credentials from any 
ruling of the Republican National Committee on any contest, by and only 
by a party to such contest in the proceedings, conducted pursuant to 
rules 38 and 39 provided, however, that notice of such appeal must be 
filed with the secretary of the Republican National Committee within 
twenty-four (24) hours after the decision, that such notice shall 
specify the grounds upon which the appeal is taken, and that only the 
grounds so specified shall be heard by the Committee on Credentials 
upon such appeal. No evidence other than that taken before the 
Republican National Committee shall be taken up by the Committee on 
Credentials unless it shall, by a majority vote of all of its members 
present and voting, so direct.
(c) No issue involving the status of one or more delegates or alternate 
delegates or any contest relating thereto may originate before the 
Committee on Credentials of the national convention. All contests must 
first be presented to the Committee on Contests of the Republican 
National Committee or to the whole Republican National Committee.
(d) No motion with respect to delegates or alternate delegates from 
more than one (1) state or territory shall be in order before the 
Committee on Credentials.

Delegate Selection Information.
Rule 31 of the Rules of the Republican Party, adopted by the 1996 
Republican National Convention, sets forth the delegate allocation 
system for the 2000 Republican National Convention in Philadelphia, 
Pennsylvania.
The present delegate allocation system was first developed at the 1972 
Republican National Convention for use in determining the number of 
delegates each state would have at the 1976 convention. In the Rules 
adopted by the 1976 Convention, the formula for delegate allocation for 
the 1980 Convention remained unchanged except for Puerto Rico (whose 
delegate allocation was increased from eight to fourteen members). No 
changes were made in the formula by either the 1980 or 1984 
Conventions. The 1988 Convention added a bonus for obtaining a majority 
of the members of a state legislative chamber, and included 
representation for American Samoa. No changes were made in the formula 
by the 1992 Convention. The 1996 Convention adopted bonus delegate 
awards for states that schedule their primaries or caucuses later in 
the year.
The delegate allocation for the 2000 Republican National Convention is 
calculated as follows:

Base
Each of the 50 states receives a base of six (6) delegates at large. 
American Samoa, Guam, and the Virgin Islands each receive a base of 
four (4) at large delegates, while the District of Columbia and Puerto 
Rico are allotted fourteen (14) delegates at large.

District Delegates
Each of the fifty states receives three (3) congressional district 
delegates for each representative it has in the United States House of 
Representatives, regardless of political affiliation. (Does not apply 
to American Samoa, the District of Columbia, Guam, Puerto Rico and the 
Virgin Islands.)

Bonus Delegates
Additional delegates at large (often referred to as bonus delegates) 
are awarded to the fifty states according to the following criteria:

1996 Presidential Nominee
Any state that cast its electoral votes for Bob Dole in the 1996 
election receives additional delegates at large computed as follows:
Four and one half (4\1/2\) delegates plus a number of delegates equal 
to sixty percent (60%) of the number of electoral votes of the state 
(the sum of which is rounded up to the next whole number).

1994-1999 U.S. Senate
Each state electing a Republican U.S. Senator between 1996 and 1999, 
inclusive, receives one (1) additional delegate at large per elected 
Republican U.S. Senator. However, no state may receive more than two 
(2) additional delegates for Republican senatorial victories.

1996-1999 Governors
Each state electing a Republican governor between 1996 and 1999, 
inclusive, receives one (1) additional delegate at large, not to exceed 
(1) delegate.

1996-1999 U.S. House of Representatives
Each state is awarded one (1) additional delegate at large if, at any 
time between 1996-1999 inclusive, Republicans represented at least one-
half (\1/2\) of the state's U.S. House of Representatives delegation. 
However, no state may receive more than one (1) such delegate.

1996-1999 State Legislatures
Each state obtaining a Republican majority in any chamber of its state 
legislature, between 1996 and 1999, inclusive, or if the membership in 
the Republican Party of any chamber of a state legislature increases by 
twenty-five percent (25%) or more during that time (so long as 25% 
equals at least two members) received one (1) additional delegate at 
large, not to exceed one (1) delegate. In addition, if a state obtains 
a Republican majority in all chambers of a state legislature between 
1996 and 1999, inclusive, such state receives one (1) additional 
delegate at large, not to exceed one (1) delegate.

Date of Primary/Caucus
Any state party, including for these purposes American Samoa, the 
District of Columbia, Guam, Puerto Rico, and the Virgin Islands, which 
holds a presidential primary, caucus, convention, or meeting 
(hereinafter, ``event'') for the purpose of voting for a presidential 
candidate and/or selecting national convention delegates during the 
following time periods in the year 2000, receives additional delegates 
as follows:
Any state party which holds its first presidential candidate voting 
event or national convention delegate selection event from March 15 to 
April 14, inclusive, receives additional delegates in an amount equal 
to five percent (5%) of that state's above-calculated delegate total.
Any state party which holds its first presidential candidate voting 
event or national convention delegate selection event from April 15 to 
May 14, inclusive, receives additional delegates in an amount equal to 
seven and one half percent (7.5%) of that state's above-calculated 
delegate total.
Any state party which holds its first presidential candidate voting 
event or national convention delegate selection event from May 15 to 
June 20, inclusive, receives additional delegates in an amount equal to 
ten percent (10%) of that state's above-calculated delegate total.
The sum of the date bonus delegates is rounded to the nearest whole 
number. Date bonus delegates were awarded based on materials submitted 
by the state Republican parties by the July 1, 1999 deadline provided 
for in Rule 32. Note. If a state party moved its event date into the 
prescribed date bonus period after the July 1, 1999 deadline, it did 
not qualify for date bonus delegates. Also, if a state party moved its 
event date within the prescribed date bonus period after the July 1, 
1999 deadline, it did not qualify for additional date bonus delegates.
This information is intended to serve only as a summary of the delegate 
allocation system for the 2000 Republican National Convention. The 
Rules of the Republican Party and the Call for the 2000 Republican 
National Convention are the official and binding authority on delegate 
allocation.

----------------------------------------------------------------------------------------------------------------
                                                                           Delegates
                                                             Delegates     from each     Number of
                           State                              at large   congressional   districts      Total
                                                                            district
----------------------------------------------------------------------------------------------------------------
Alabama...................................................           23             3           (7)           44
----------------------------------------------------------------------------------------------------------------
Alaska....................................................           20             3           (1)           23
----------------------------------------------------------------------------------------------------------------
Arizona...................................................           12             3           (6)           30
----------------------------------------------------------------------------------------------------------------
Arkansas..................................................           12             3           (4)           24
----------------------------------------------------------------------------------------------------------------
American Samoa............................................            4             3           (0)            4
----------------------------------------------------------------------------------------------------------------
California................................................            6             3          (52)          162
----------------------------------------------------------------------------------------------------------------
Colorado..................................................           22             3           (6)           40
----------------------------------------------------------------------------------------------------------------
Connecticut...............................................            7             3           (6)           25
----------------------------------------------------------------------------------------------------------------
Delaware..................................................            9             3           (1)           12
----------------------------------------------------------------------------------------------------------------
District of Columbia......................................           15             3           (0)           15
----------------------------------------------------------------------------------------------------------------
Florida...................................................           11             3          (23)           80
----------------------------------------------------------------------------------------------------------------
Georgia...................................................           21             3          (11)           54
----------------------------------------------------------------------------------------------------------------
Guam......................................................            4             3           (0)            4
----------------------------------------------------------------------------------------------------------------
Hawaii....................................................            8             3           (2)           14
----------------------------------------------------------------------------------------------------------------
Idaho.....................................................           22             3           (2)           28
----------------------------------------------------------------------------------------------------------------
Illinois..................................................           14             3          (20)           74
----------------------------------------------------------------------------------------------------------------
Indiana...................................................           25             3          (10)           55
----------------------------------------------------------------------------------------------------------------
Iowa......................................................           10             3           (5)           25
----------------------------------------------------------------------------------------------------------------
Kansas....................................................           23             3           (4)           35
----------------------------------------------------------------------------------------------------------------
Kentucky..................................................           13             3           (6)           31
----------------------------------------------------------------------------------------------------------------
Louisiana.................................................            8             3           (7)           29
----------------------------------------------------------------------------------------------------------------
Maine.....................................................            8             3           (2)           14
----------------------------------------------------------------------------------------------------------------
Maryland..................................................            7             3           (8)           31
----------------------------------------------------------------------------------------------------------------
Massachusetts.............................................            7             3          (10)           37
----------------------------------------------------------------------------------------------------------------
Michigan..................................................           10             3          (16)           58
----------------------------------------------------------------------------------------------------------------
Minnesota.................................................           10             3           (8)           34
----------------------------------------------------------------------------------------------------------------
Mississippi...............................................           18             3           (5)           33
----------------------------------------------------------------------------------------------------------------
Missouri..................................................            8             3           (9)           35
----------------------------------------------------------------------------------------------------------------
Montana...................................................           20             3           (1)           23
----------------------------------------------------------------------------------------------------------------
Nebraska..................................................           21             3           (3)           30
----------------------------------------------------------------------------------------------------------------
Nevada....................................................           11             3           (2)           17
----------------------------------------------------------------------------------------------------------------
New Hampshire.............................................           11             3           (2)           17
----------------------------------------------------------------------------------------------------------------
New Jersey................................................           15             3          (13)           54
----------------------------------------------------------------------------------------------------------------
New Mexico................................................           12             3           (3)           21
----------------------------------------------------------------------------------------------------------------
New York..................................................            8             3          (31)          101
----------------------------------------------------------------------------------------------------------------
North Carolina............................................           26             3          (12)           62
----------------------------------------------------------------------------------------------------------------
North Dakota..............................................           16             3           (1)           19
----------------------------------------------------------------------------------------------------------------
Ohio......................................................           12             3          (19)           69
----------------------------------------------------------------------------------------------------------------
Oklahoma..................................................           20             3           (6)           38
----------------------------------------------------------------------------------------------------------------
Oregon....................................................            9             3           (5)           24
----------------------------------------------------------------------------------------------------------------
Pennsylvania..............................................           15             3          (21)           78
----------------------------------------------------------------------------------------------------------------
Puerto Rico...............................................           14             3           (0)           14
----------------------------------------------------------------------------------------------------------------
Rhode Island..............................................            8             3           (2)           14
----------------------------------------------------------------------------------------------------------------
South Carolina............................................           19             3           (6)           37
----------------------------------------------------------------------------------------------------------------
South Dakota..............................................           19             3           (1)           22
----------------------------------------------------------------------------------------------------------------
Tennessee.................................................           10             3           (9)           37
----------------------------------------------------------------------------------------------------------------
Texas.....................................................           34             3          (30)          124
----------------------------------------------------------------------------------------------------------------
Utah......................................................           20             3           (3)           29
----------------------------------------------------------------------------------------------------------------
Vermont...................................................            9             3           (1)           12
----------------------------------------------------------------------------------------------------------------
Virginia..................................................           23             3          (11)           56
----------------------------------------------------------------------------------------------------------------
Virgin Islands............................................            4             3           (0)            4
----------------------------------------------------------------------------------------------------------------
Washington................................................           10             3           (9)           37
----------------------------------------------------------------------------------------------------------------
West Virginia.............................................            9             3           (3)           18
----------------------------------------------------------------------------------------------------------------
Wisconsin.................................................           10             3           (9)           37
----------------------------------------------------------------------------------------------------------------
Wyoming...................................................           19             3           (1)           22
----------------------------------------------------------------------------------------------------------------
      Total number of delegates...........................  ...........  .............  ...........         2066
----------------------------------------------------------------------------------------------------------------

PART III. SURVEY OF STATE LAWS, PARTY RULES, REGULATING THE SELECTION 
OF DELEGATES TO THE NATIONAL NOMINATING CONVENTIONS

A. Delegate Selection for the States

ALABAMA
Delegates to National Conventions:
Democratic: 63
Republican: 44

a. manner of selection
Political parties may provide for the selection of delegates to 
national conventions by the holding of a presidential preference 
primary or by popular election of the delegates or otherwise. In the 
event a presidential preference primary is called by the governing body 
of any party, notice of such action shall be given to the Secretary of 
State as part of the notice required by Sec. 17-16A-6 of the Code of 
Alabama. Said notice shall prescribe the procedure for the listing of 
the names of presidential candidates on the primary ballot and for the 
selection of delegates pledged under party rules to vote for the 
respective presidential candidates. A presidential preference primary, 
when called, will appear in the first or top position on the primary 
ballot. When no presidential preference primary is to be utilized, 
delegates may be elected in the primary election in the same manner as 
other party officers; except that, subject to such rules and procedures 
as the respective political parties may adopt, any delegate candidate 
may be permitted to list opposite his or her name on the primary ballot 
the surname of the presidential candidate to whom he or she is pledged 
or the word ``uncommitted.'' When delegates are to be so elected, the 
candidates for such position or positions shall appear in the first or 
top position on the primary ballot (Sec. 17-16-7, Code of Alabama).
When it shall be desired by the governing body of any political party 
to enter the primary election ordered to be held under the provisions 
of this chapter, said governing body for the State shall give public 
notice thereof by filing a copy of the resolution of such governing 
body with the Secretary of State of Alabama. Such notice may be given 
to the Secretary of State by the chairman of the county executive 
committee where the primary election affects only one county, and a 
copy of such notice shall be filed with the probate judge of such 
county (Sec. 17-16-13).

b. presidential preference primary
A presidential preference primary shall be held on the first Tuesday in 
June, i.e., June 6, 2000 (Code of Alabama, Sec. 17-16-A1, 17-16-6). The 
Alabama presidential primary is an open type of primary.
A petition or petitions in support of a presidential candidacy must be 
filed with the State party chairman of the appropriate political party. 
The petition or petitions must be signed by a total of not less than 
500 electors or by not less than 50 qualified electors in each 
congressional district in which there shall be a separate petition to 
be signed (Sec. 17-16A-3). The candidate filing is required after March 
1, and before March 15 of the year in which the presidential preference 
primary is held. Sec. 17-16A-3.
Each candidate upon filing his qualifying petition shall pay a filing 
fee that is prescribed by his political party (Sec. 17-16A-4). Whenever 
the chairman shall receive petitions, timely filed, which appear to 
qualify the name of a candidate for President to be placed on the 
ballot, he shall forthwith notify the prospective candidate by the most 
expeditious means of communication and shall advise such prospective 
candidate that unless he withdraws his name from the ballot within ten 
days after receipt of such notice, his name will appear on the ballot 
of his party at such presidential preference primary. If a candidate 
signifies his desire to withdraw his name within the above time limit, 
his name shall not be printed on the ballot (Sec. Sec. 17-16A-5, 17-
16A-6).

c. statutory instructions
None. (Party resolutions and rules provide appropriate instructions to 
the delegates.)

ALASKA
Delegates to National Conventions:
Democratic: 19
Republican: 23

a. manner of selection
Delegates to the national conventions of the respective political 
parties are selected at the state conventions of the parties according 
to party rules.

b. presidential preference primary
The State of Alaska repealed its presidential preference primary 
statute in 1984.

c. statutory instructions
None.

ARIZONA
Delegates to National Conventions:
Democratic: 55
Republican: 30

a. manner of selection
The selection of delegates to the political party national conventions 
shall be as provided in the bylaws of each state party. Arizona Revised 
Statutes Sec. 16-243(A).

b. presidential preference primary
A presidential preference primary will be held on the fourth Tuesday in 
February in the year in which a President is to be elected (February 
22, 2000), unless the Governor issues a proclamation that the 
presidential preference election is to be held earlier. Such 
proclamation for an earlier date must be issued no later than 150 days 
before the date of the earlier preference election. Arizona Revised 
Statutes, Sec. 16-241(A),(B).
To be eligible to participate in the presidential preference election, 
a political party must be entitled to continued representation on the 
state ballot pursuant to Sec. 16-804 of the Arizona Revised Statutes, 
that is, a party whose candidate for presidential electors received in 
the last election not less than 5% of the votes cast. Sec. 16-
244(A)(1), 16-804. Additionally, the Secretary of State may determine 
that a party is eligible for continued recognition, notwithstanding its 
showing in the previous election, if on October 1 of the year 
immediately preceding the presidential preference primary, the party 
has registered voters equal to at least two-thirds of one percent of 
the total number of registered voters in the state. Sec. 16-244(B). A 
new political party may participate when it becomes eligible for 
recognition under Arizona Revised Statutes Sec. 16-801 (by filing a 
petition signed qualified electors equal to not less than one and one-
third per cent of the total votes cast for presidential electors at the 
last preceding general election). Sec. 16-244(A)(2). Such petition must 
be filed with the Secretary of State no later than 115 days prior to 
the presidential preference election.
A candidate for nomination as a party's candidate for the office of 
President must file nomination papers not less than 40 days or more 
than 70 days before the presidential preference election. Sec. 16-
242(A)(B). Such candidate must also file a document indicating that he 
has qualified with the Federal Election Commission for ``matching 
funds'' as a candidate for President. A person not qualified for 
matching funds is not eligible to be a candidate in the presidential 
preference primary. Sec. 16-242(C).

c. statutory instructions
Delegates at the party's convention shall use their ``best efforts'' 
for the party's presidential nominee candidate who received the largest 
number of votes in the state preference primary until a candidate is 
nominated, the candidate releases the delegate from obligation, the 
candidate withdraws from the race, or at least one ballot has been 
taken at the convention. Sec. 16-243(B).

ARKANSAS
Delegates to National Conventions:
Democratic: 48
Republican: 24

a. manner of selection
Each political party in the state desiring to select delegates to 
attend a quadrennial national nominating convention of the party to 
select a nominee for the Office of President of the United States shall 
hold a preferential primary election in the state, and the delegates to 
the national party convention shall be apportioned to the Presidential 
candidate whose names were on the ballot at the preferential 
Presidential primary or to ``uncommitted'' in the proportion that the 
votes cast for each candidate or uncommitted bear to the total votes 
cast at the election, rounded to the closest whole number. Arkansas 
Statutes Annotated, Sec. 7-8-201. The State of Arkansas will hold a 
preferential primary election in the State on the Tuesday three weeks 
prior to the general primary election. (May 23, 2000) Sec. 7-7-203(b).
Each party holding a preferential primary election shall adopt 
appropriate rules for the selection of delegates and alternates. 
Sec. 7-8-204.

b. presidential preference primary
Each political party desiring to select delegates to a convention to 
select a nominee for President shall hold a preferential primary 
election to select delegates to a national nominating convention, the 
Tuesday three weeks prior to the general primary. (May 23, 2000) 
Sec. 7-8-201, 7-7-203(b). The presidential primary is an open type of 
primary. The delegates to the national conventions shall be apportioned 
to the votes cast for the presidential candidates (Sec. 7-8-201).

c. statutory instructions
Delegates are apportioned to the votes cast for the presidential 
candidate. Sec. 7-8-201.

CALIFORNIA
Delegates to National Conventions:
Democratic: 434
Republican: 162

a. manner of selection
Delegates to national conventions of the political parties are selected 
at the Presidential primary. The Chair of the State party committee 
notifies the Secretary of State as to the number of delegates to 
represent the state in the convention. The Democratic, Republican, 
American Independent, and Peace and Freedom Parties have procedures and 
rules as to delegate selection codified in detail in the California 
Election Code, Division 6, Sec. Sec. 6000-6849. The Secretary of State 
places the name of a candidate on the presidential primary ballot when 
he determines the candidate is generally advocated or recognized 
throughout the United States or California as actively seeking the 
nomination of the party. After notification, the Secretary of State may 
add names to the ballot, but may not take off names uless the candidate 
signs a timely affidavit of non-candidacy. An unselected candidate may 
be nominated by petition by a certain percentage of the registered 
voters of that party. Newly qualified political parties shall conduct 
their primary elections in accordance with procedures of any other 
political party that has a detailed statutory provision. (Sec. 5006 
supp.)
A new political party will be qualified to participate in a primary 
election when (1) it received at least 2 percent of the vote for any of 
its candidates statewide in the preceding gubernatorial election; (2) 
when it appears to the Secretary of State that the party's registration 
equals at least 1 percent of the entire vote of the State in the last 
gubernatorial election, or (3) by petition by at least 10 percent of 
the entire vote of the State in the last gubernatorial election. (Cal. 
Election Code, Sec. 5100, Supp.)

b. presidential preference primary
A presidential preference primary will be held on the first Tuesday in 
March in any year evenly divisible by the number four. (March 7, 2000) 
(California Elections Code, Sec. 1202, Supp.)

c. statutory instructions

Republicans:
Each delegate to the Republican National Convention shall use his best 
efforts at the convention for the party's presidential nominee 
candidate from California to whom the delegate has pledged support 
until such person is nominated for President, receives less than 10 
percent of the votes for nomination, releases the delegate from his 
obligation, or until two convention nominating ballots have been taken. 
Thereafter, each delegate shall be free to vote as he chooses, and no 
rule may be adopted by a delegation requiring the delegation to vote as 
a body or causing the vote of any delegate to go uncounted or 
unreported (California Elections Code, Sec. 6461(c).

COLORADO
Delegates to National Conventions:
Democratic: 61
Republican: 40

a. manner of selection
To the extent permitted by state and national political party rules, 
each party shall use the presidential primary election results to 
allocate delegate votes to presidential candidates for the presidential 
nominating convention of that party, Colorado Revised Statutes, 1-4-
1204. Minor parties must set out in their constitution or bylaws a 
method for nominating candidates and selecting delegates to 
conventions. (Colorado Revised Statutes, Sec. 1-4-1301, as added by 
1998 Session Laws, ch. 95).

b. presidential preference primary
Colorado will hold a presidential primary election on the first Friday 
following the first Tuesday in March, (March 10, 2000), to ensure that 
Colorado joins with other western states in conducting a coordinated 
western presidential primary, (Colorado Revised Statutes, Sec. 1-4-
1202, as amended by Session Laws of Colorado, ch. 240, 1999).
Each major political party which is represented by a candidate entitled 
to participate in the Colorado presidential primary election pursuant 
to section 1-4-1203 is entitled to participate in the primary election 
and shall have a separate party ballot. At such presidential primary 
election, an elector may only vote for a candidate who represents the 
political party to which the elector had declared an affiliation. An 
unaffiliated registered elector may declare an affiliation to the 
election judges of the presidential primary election as provided in 
section 1-7-201. The presidential primary election of all political 
parties shall be held at the same time and at the same polling places 
and shall be conducted by the same election officials (Sec. 1-4-
1202(2)).
Except as otherwise provided, all presidential primary elections shall 
be conducted in the same manner as other primary elections, and the 
election officers for primary elections shall have the same powers and 
shall perform the same duties as those provided by law for general 
elections (Sec. 1-4-1202(3)).
All expenses incurred in the preparation or conduct of the presidential 
primary election shall be paid out of the treasury of the county or 
state, as the case may be, in the same manner as for general elections 
(Sec. 1-4-1202(4)).
The secretary of state shall certify the names and party affiliations 
of the candidates to be placed on the presidential primary election 
ballots fifty days before such election is to be held. The only 
candidates whose names shall be placed on ballots for such elections 
shall be those candidates who:
(a) Are eligible to receive payments pursuant to the federal 
``Presidential Primary Matching Payment Account Act'', 26 U.S.C. 9031 
et seq., at the time candidates' names are to be certified by the 
secretary of state; and
(b) Are seeking the nomination for president of a political party whose 
nominee for president of the United States received at least twenty 
percent of the votes cast by qualified electors in Colorado at the last 
presidential election and (c) have submitted a candidate's statement 
and filing fee (Sec. 1-4-1203(1)).
The names of candidates appearing on any presidential primary ballot 
shall be in alphabetical order (Sec. 1-4-1203(2)).
The secretary of state shall tabulate the number of votes received by 
each candidate named on the presidential primary election ballot and 
shall calculate the percentage of votes received by each candidate as 
compared to the number of votes received by all candidates of the same 
political party (Sec. 1-4-1204(1)).
The secretary of state shall certify the results and percentages 
calculated pursuant to subsection (1) of this section to the state 
party chairman and national committee of each political party which had 
at least one candidate on the presidential primary election ballot. To 
the extent permitted by state and national political party rules, each 
such party shall use the election results to allocate delegate votes to 
presidential candidates for the presidential nominating convention of 
that party. Political parties need not allocate delegate votes to 
candidates who receive less than fifteen percent of the votes cast in 
the presidential primary election for that party unless required to do 
so pursuant to state or national party rules (Sec. 1-4-1204).
Minor political parties may nominate candidates by petition signed by 
at least ten thousand registered electors, submitted no later than May 
1 of the election year for which the minor political party seeks to 
qualify. (Sec. 1-4-1302, as added by Session Laws of Colorado, ch. 95, 
1998).

c. statutory instructions
Delegates shall be pledged or bound to vote for the candidate to which 
they have been allocated only to the extent allowed by the state and 
national party rules of that political party (Sec. 1-4-1204(2)).

CONNECTICUT
Delegates to National Conventions:
Democratic: 67
Republican: 25

a. manner of selection
National convention delegates and alternates are selected in accordance 
with party rules. Political parties may hold caucuses for the selection 
of delegates prior to the day of the presidential primary (Connecticut 
General Statutes annotated, Sec. 9-486). Not later than the 14th day 
before the day of the primary, the chairman of each party shall certify 
in writing to the  Secretary the number of delegates to which such 
party is entitled pursuant to its rules. If such rules provide that 
such delegates are to be chosen from districts, the chairman shall also 
certify the number of delegates allocated to each district and the 
number to be selected at large, if any. If such rules prescribe a 
formula for the allocation of delegates to candidates based upon the 
percentages of the total votes cast for such candidates at the primary, 
the chairman shall also certify such formula and all information 
necessary for the application of such formula to the results of the 
primary. The chairman shall furnish to the Secretary, upon request, a 
written interpretation or explanation of any application of such 
formula (Sec. 9-473).

Allocation of Delegates:
If a party's chairman has certified a formula in accordance with the 
provisions of section 9-473, the Secretary shall calculate the number 
of delegates allocated to each of such party's candidates, pursuant to 
such formula, except as provided in section 9-484 (Sec. 9-483).
If a party's chairman did not certify a formula pursuant to section 9-
473, or if the application of the formula so certified requires all 
delegates to be allocated to the candidate receiving the greatest 
number of votes notwithstanding such candidate's percentage of the 
total votes cast for all candidates, the Secretary shall determine the 
number of delegates to be so allocated to each candidate of each such 
party in accordance with the provisions of this section (Sec. 9-
484(a)).
Such determination shall be made separately for delegates to be 
selected at large and delegates to be selected from each district. Any 
percentage required to be determined, in accordance with the provisions 
of this section, shall be rounded off to the nearest one-tenth of one 
percent. As used in this section, ``minimum percentage'' means the 
ratio, expressed as a percentage, that the number one bears to the 
total number of delegates to be selected, but in no event shall such 
percentage exceed twenty-five percent. (Sec. 9-484(b)).
The Secretary shall calculate the minimum percentage, as defined in 
subsection (b) of this section, using the number of delegates to be 
selected at large and, if applicable, the number of delegates to be 
selected from each district respectively. Except as provided in this 
subsection, a candidate's percentage of the total votes cast for all 
candidates in the State or in a district must equal or exceed such 
minimum percentage in order for such candidate to be allocated any at 
large delegates or any delegates from such district, as the case may 
be. The Secretary shall determine each candidate's percentage of the 
total votes cast for all candidates in the State and in each district. 
In the event two or more candidates have received a percentage of such 
total votes cast equal to or greater than the minimum percentage, the 
Secretary shall calculate an adjusted percentage, which shall be each 
such candidate's percentage of the total votes cast for all such 
candidates, excluding the votes cast for all other candidates. The 
Secretary shall then calculate the product of each such candidate's 
adjusted percentage and the total number of delegates to be selected, 
rounding off such product to the nearest integer. Such product shall be 
the number of delegates allocated to each such candidate except as 
hereinafter provided. (1) If the rounding off of such products to the 
nearest integers causes the sum of all delegates so allocated to be 
greater than the total number of delegates to be selected at large or 
from the district, then one delegate shall be subtracted from the 
number allocated to the candidate who received the greatest 
mathematical gain from such rounding off, and if necessary one delegate 
shall also be substracted from the number allocated to the candidate 
who received the next greatest gain, and so on until the sum of all 
delegates allocated to candidates equals the total number of delegates 
to be so selected. (2) If the rounding off of such products to the 
nearest integers causes the sum of all delegates so allocated to be 
fewer than the total number of delegates to be selected at large or 
from the district, then one delegate shall be added to the number 
allocated to the candidate who suffered the greatest mathematical loss 
from such rounding off, and if necessary one delegate shall also be 
added to the number allocated to the candidate who suffered the next 
greatest such loss, and so on until the sum of all delegates allocated 
to candidates equals the total number of delegates to be so selected 
(Sec. 9-484(c)).
In the event one or no candidate has received a percentage of the total 
number of votes cast for all candidates equal to or greater than the 
minimum percentage, the Secretary shall calculate an adjusted 
percentage for each of the candidates receiving the greatest and second 
greatest number of votes cast for all candidates. The adjusted 
percentage shall be such candidate's percentage of the total number of 
votes cast for both such candidates, excluding the total number of 
votes cast for all other candidates. The Secretary shall determine the 
number of delegates allocated to each candidate by using the same 
procedure as prescribed in subsection (c) of this section (Sec. 9-
484(d)).

Certification of Delegates; Release of Delegates:
Forthwith upon completion of the procedures prescribed by section 9-483 
or 9-484, as the case may be, the Secretary shall certify to the 
chairman, each candidate and the national committee of the party, the 
number of such party's at large and district delegates allocated to 
each candidate in accordance with the provisions of said sections. Each 
party shall select a number of delegates, both at large and from each 
district, pursuant to its rules and in accordance with such 
certification, provided it shall select a number of delegates committed 
to support each candidate which is not less than the number so 
allocated to such candidate. If, prior to a party's selection of 
delegates, a candidate to whom one or more of such party's delegates 
are allocated files with the  Secretary a written statement, by him 
signed, to the effect that he has released all Connecticut delegates 
allocated to him, delegates committed to such candidate shall not be 
selected by such party. Forthwith upon the selection of delegates, the 
chairman shall certify to the Secretary the name and address of each 
delegate, the district from which he was selected or that he was 
selected at large, and the name of the candidate to whom he is 
committed or that he is uncommitted, as the case may be. If, as a 
consequence of any such candidate's release of delegates, the number of 
delegates differs from the number so allocated in accordance with the 
Secretary's certification, the chairman shall include in his 
certification a statement to such effect and an accounting of the 
differences (Sec. 9-485(a)).
The Secretary shall forward a copy of such certification to the 
national committee of the party and to each candidate to whom at least 
one delegate is committed. If such certification indicates that the 
party has not complied with the provisions of this section in its 
selection of delegates, the Secretary shall so inform the chairman, 
each such candidate and the national committee of the party. If any 
such candidate files with the Secretary a written objection to any 
delegate committed to him according to the chairman's certification, 
the Secretary shall inform the chairman and the national committee of 
the party of such objection. Any dispute over the selection of 
delegates by a party shall be resolved in such manner as its rules may 
prescribe (Sec. 9-485(b)).

b. presidential preference primary
A presidential preference primary is to be held on the first Tuesday in 
March (March 7, 2000) (Sec. 9-464). The presidential primary is a 
closed type of primary. The name of a candidate shall be placed on the 
ballot at a primary of a party either: (a) by direction of the 
Secretary of State when he determines within the time specified that 
the candidacy of such person for such party's nomination for president 
is generally and seriously advocated or recognized according to reports 
in the national or state news media, unless such candidate files a 
request to omit his name; or (b) by petition to the Secretary of State 
(Sec. 9-465).

1. Candidate List:
The secretary shall, at ten o'clock a.m. on the seventy-fourth day 
preceding the day of the primary, publicly announce a list of 
candidates whose names are to be placed on the ballot of each party at 
such primary pursuant to subsection (a) of section 9-465. Forthwith 
upon announcing such list, said secretary shall notify each such 
candidate, by registered mail with return receipt requested, that his 
name will be included on the ballot unless he files with the Secretary, 
not later than four o'clock p.m. of the thirty-sixth day before the 
primary, a written request, signed by the candidate, to the following 
effect: ``I request that my name be omitted from the ballot at 
Connecticut's forthcoming . . . (name of party) presidential preference 
primary''. The name of any candidate who files a request as provided by 
this section, within the time specified, shall be omitted from the 
ballot, but no such withdrawal shall be honored if it is received later 
than the time specified by his section (Sec. 9-466)

2. Issuance of Petition:
On or after twelve o'clock noon of the seventy-fourth day preceding the 
day of the primary, any person seeking the nomination of a party for 
president, whose name is not included in the list of candidates 
announced by the Secretary pursuant to section 9-466, or any person 
advocating the nomination of such person, by such party, may obtain 
petition pages from the Secretary in the manner provided by this 
section. Such pages shall be in a form prescribed by the Secretary and 
shall conform, as nearly as may be, to the requirements for primary 
petition forms provided in section 9-410. Any person requesting the 
petition pages shall give to the Secretary, in writing, his name and 
address, the name and address of the candidate for whom the petition is 
to be circulated and the party holding the primary, and shall also 
file, or cause to be filed, with said Secretary a written statement, 
signed by such candidate, to the effect that he consents to the 
inclusion of his name on the primary ballot of such party. Upon 
completion of these requirements, the Secretary shall give to the 
person so requesting such petition pages a number of pages sufficient 
to contain at least two times the number of signatures required in 
accordance with the provisions of section 9-468. The Secretary shall 
also fill in on each petition page the name and address of the 
candidate, the words ``nomination for president of the United States'' 
as the designation of the office sought, and the name of the party 
conducting the primary (Sec. 9-467).

3. Candidate Petition for Ballot Inclusion:
Such petitions shall be circulated, filed with the registrars of 
voters, and verified by said registrars, as nearly as may be, in 
accordance with the provisions of sections 9-410 and 9-412. Each page 
of such a petition shall be filed with the registrar of voters of the 
party holding the primary in the town of voting residence of the 
signers thereof, not later than four o'clock p.m. of the forty-sixth 
day preceding the day of the primary; and such registrar shall verify 
the signatures on each such page and forward it to the secretary not 
later than four o'clock p.m. of the forty-second day preceding the day 
of the primary. If, prior to such last day for filing such pages with 
the registrar, such a petition was issued under section 9-467, the 
office or office facilities of each registrar of such party in each 
town shall open not later than one o'clock p.m. and remain open until 
at least four o'clock p.m., and each such registrar or his deputy 
assistant registrar shall be present therein (Sec. 9-468). The 
Secretary shall complete tabulation of the signatures on each petition 
not later than the thirty-sixth day preceding the day of the primary. 
The secretary shall place on the ballot of each party at the primary 
the name of each candidate whose petition has been signed by a number 
of enrolled members of such party equal to at least one per cent of the 
total number of enrolled members of such party in the state, according 
to the most recent enrollment records on file in the office of the 
Secretary. No candidate who has filed a statement of consent pursuant 
to the provisions of section 9-467 and whose name is placed on the 
ballot pursuant to the provisions of this section shall be permitted to 
withdraw his name from such ballot (Sec. 9-469).

4. Order of Names on Ballot:
The Secretary shall determine by lot, in a public ceremony held on the 
thirty-fifth day preceding the day of the primary, the order in which 
the names of the candidates will appear on the ballot of each party at 
such primary; provided that the category ``uncommitted'' shall appear 
last on such ballots. Notwithstanding any provision of the general 
statutes to the contrary, no candidate shall be designated on the 
ballot as the party-endorsed candidate. The names of such candidates 
shall appear, in the order so determined by the Secretary, in the first 
vertical column of the voting machine. Such column shall be designated 
``Nomination for President of the United States''; provided if the 
number of candidates is such that there is an insufficient number of 
places in such column, the Secretary shall determine whether the names 
of the candidates shall also extend, in the order so determined, to the 
second and succeeding columns as may be necessary, or shall appear on 
the first and succeeding horizontal rows as may be necessary. Such 
columns or rows shall be designated as hereinabove provided. Except as 
otherwise provided in this chapter, the form of the ballot shall be 
prescribed by the Secretary and shall conform, as nearly as may be, to 
the provisions of section 9-437 (Sec. 9-470).

c. statutory instructions
The Secretary shall certify to the chairman, each candidate and the 
national committee of the party, the number of such party's at large 
and district delegates allocated to each candidate in accordance with 
the provisions of said sections. Each party shall select a number of 
delegates, both at large and from each district, pursuant to its rules 
and in accordance with such certification, provided it shall select a 
number of delegates committed to support each candidate which is not 
less than the number so allocated to such candidate. If, prior to a 
party's selection of delegates, a candidate to whom one or more of such 
party's delegates are allocated files with the Secretary a written 
statement, by him signed, to the effect that he has released all 
Connecticut delegates allocated to him, delegates committed to such 
candidate shall not be selected by such party. Forthwith upon the 
selection of delegates, the chairman shall certify to the Secretary the 
name and address of each delegate, the district from  which he was 
selected or that he was selected at large, and the name of the 
candidate to whom he is committed or that he is uncommitted, as the 
case may be. If, as a consequence of any such candidate's release of 
delegates, the number of delegates differs from the number so allocated 
in accordance with the Secretary's certification, the chairman shall 
include in his certification a statement to such effect and an 
accounting of the differences.
The Secretary shall forward a copy of such certification to the 
national committee of the party and to each candidate to whom at least 
one delegate is committed. If such certification indicates that the 
party has not complied with the provisions of this section in its 
selection of delegates, the secretary shall so inform the chairman, 
each such candidate and the national committee of the party. If any 
such candidate files with the Secretary a written objection to any 
delegate committed to him according to the chairman's certification, 
the secretary shall inform the chairman and the national committee of 
the party of such objection. Any dispute over the selection of 
delegates by a party shall be resolved in such manner as its rules may 
prescribe.
If, subsequent to the primary, a candidate to whom one or more of such 
party's delegates are allocated either dies or files with the Secretary 
a written statement, by him signed, to the effect that he has released 
all Connecticut delegates committed to him, the commitment of any such 
delegate to the candidate shall be deemed to have been released 
(Sec. 9-485).

DELAWARE
Delegates to National Conventions:
Democratic: 22
Republican: 12

a. manner of selection
Delegates and alternate delegates to a national convention of a 
political party shall be apportioned, selected and/or elected in such a 
manner as the rules of the party may provide. The chair of any 
political party shall certify and forward to the State Election 
Commissioner a copy of the party rules at least 30 days prior to the 
last day on which candidates for the President must provide 
notification of their candidacy. (Title 15, Sec. 3185).

b. presidential primary election

Political Party Candidates
A presidential primary election will be held for all political parties 
on the Saturday next following the day on which the state of New 
Hampshire elects to conduct a presidential primary election. (Delaware 
Code Annotated, title 15, Sec. 3181(a)). A political party may choose 
not to participate in a presidential primary if the party notifies the 
State Election Commission in writing prior to the close of business on 
August 1 of the year preceding any year in which the President is to be 
elected. (Title 15, Sec. 3181(b)).
A candidate is eligible for the primary election if the candidate is 
affiliated with a party appearing on the ballot of the previous general 
election, and has become eligible to receive federal ``matching 
payments,'' or has filed a petition with the State Election Commission 
with at least 500 signatures of registered voters of that party. (Title 
15, Sec. 3184). Candidates must file a notification of candidacy on the 
date set by the State Election Commission. (Title 15, Sec. 3183(a)). 15 
days after the deadline set by the State Election Commission above, the 
chairperson of each political party participating in the primary shall 
provide a list of all persons affiliated with the party not already on 
the ballot, who have come eligible to receive federal ``matching 
payments,'' and who have not announced the withdrawal of their 
candidacy or suspension of their campaign. (Title 15, Sec. 3183(b)).

c. statutory instructions
None.

DISTRICT OF COLUMBIA
Delegates to National Conventions:
Democratic: 33
Republican: 15

a. manner of selection
No candidate for delegate or alternate may be listed on the primary 
ballot unless such candidate was properly selected according to the 
rules of his political party. (District of Columbia Code, Sec. 1-
1306(b)(3)(B)).
Candidates for delegate and alternates where permitted by political 
party rules to a particular political party national convention 
convened to nominate that party's candidate for President shall be 
listed on the ballot of the presidential preference primary held as:
(1) Full slates of candidates for delegates supporting a candidate for 
nomination for President if there shall have been filed with the Board, 
no later than 60 days before the date of such presidential primary, a 
petition on behalf of such slate's candidacy signed by the candidates 
on the slate, and by at least 1,000, or 1 percent, whichever is less, 
of the qualified electors of the District of Columbia who are 
registered under Sec. 1-1311 and are of the same polical party as the 
candidates on such slate;
(2) Full slates of candidates for delegates not committed to support 
any named candidate for nomination for President if there shall have 
been filed with the Board, no later than 60 days before the date of 
such presidential primary, a petition on behalf of such slate's 
candidacy signed by the candidates on the slate and by at least 1,000, 
or 1 percent, whichever is less, of the qualified electors of the 
District of Columbia who have registered under Sec. 1-1311 and are of 
the same political party as the candidates on such slate;
(3) An individual candidate for delegate supporting a candidate for 
nomination for President if there shall have been filed with the Board, 
no later than 60 days before the date of such presidential primary, a 
petition on behalf of such candidate, signed by the candidate and by at 
least 1,000, or 1 percent, whichever is less, of the qualified electors 
of the District of Columbia who have registered under Sec. 1-1311 and 
are of the same political party as the candidate; or
(4) An individual not committed to support any named candidate for 
nomination for President if there shall have been filed with the Board, 
no later than 60 days before the date of such presidential primary, a 
petition on behalf of such candidate, signed by the candidate and by at 
least 1,000, or 1 percent, whichever is less, of the qualified electors 
of the District of Columbia who have registered under Sec. 1-1311 and 
are of the same political party as the candidate (Sec. 1-
1306(b)(3)(A)).

b. presidential preference primary
The District of Columbia Board of Elections shall, on the first Tuesday 
in May, (May 2, 2000) of each presidential election year, conduct a 
presidential preference primary in which the registered qualified 
voters therein may express their preference for candidates of each 
political party of the District of Columbia for nomination for 
President. (Sec. 1-1306(b)(1)).
No person shall be listed on the ballot as a candidate for nomination 
for President in such primary unless there shall have been filed with 
the Board no later than 60 days before the date of such presidential 
primary election a petition on behalf of his or her candidacy signed by 
at least 1,000, or 1 percent, whichever is less, of the qualified 
electors of the District of Columbia who are registered under Sec. 1-
1311, and of the same political party as the nominee (Sec. 1-
1306(b)(2)).

c. statutory instructions
The delegates and alternates, of each political party in the District 
of Columbia to the national convention of that party convened for the 
nomination of that party for President, elected at the presidential 
preference primary, shall only be obliged to vote for the candidate 
whom they have selected to represent in accordance with properly 
promulgated rules of the political party, on the first ballot cast at 
the convention for nominees for President, or until such time as such 
candidate to whom the delegates are committed withdrawn his candidacy, 
whichever first occurs (Sec. 1-1306(b)(5)).

FLORIDA
Delegates to National Conventions:
Democratic: 185
Republican: 80

a. manner of selection
The State of Florida shall hold a presidential preference primary for 
the selection of delegates on the second Tuesday in March, March 14, 
2000 (Florida Statutes Annotated, Sec. 103.101).

b. presidential preference primary
Each political party other than a minor political party shall, on the 
second Tuesday in March in each year the number of which is a multiple 
of 4 (March 14, 2000), elect one person to be the candidate for 
nomination of such party for President of the United States or select 
delegates to the national nominating convention, as provided by party 
rule (Sec. 103.101(1)). The Florida presidential primary is a closed 
type of primary. By December 31 of the year preceding the Florida 
presidential preference primary, each political party shall submit to 
the Secretary of State a list of its presidential candidates to be 
placed on the presidential preference primary ballot or candidates 
entitled to have delegates appear on the presidential preference 
primary ballot. The Secretary of State shall prepare and publish a list 
of the names of the presidential candidates submitted. The Secretary of 
State shall submit such list of names of presidential candidates to the 
selection committee on the first Tuesday after the first Monday 
in  January each year a presidential preference primary election is 
held. Each person designated as a presidential candidate shall have his 
name appear, or have his delegates' names appear, on the presidential 
preference primary ballot unless all committee members of the same 
political party as the candidate agree to delete such candidate's name 
from the ballot. The presidential candidate selection committee shall 
meet in Tallahassee on the first Tuesday after the first Monday in 
January each year a presidential preference primary is held. The 
selection committee shall publicly announce and submit to the 
Department of State no later than 5 p.m. on the following day the names 
of presidential candidates who shall have their names appear, or who 
are entitled to have their delegates' names appear, on the presidential 
preference primary ballot. The Department of State shall immediately 
notify each presidential candidate designated by the committee. Such 
notification shall be in writing, by registered mail, with return 
receipt requested. Any presidential candidate whose name does not 
appear on the list submitted to the Secretary of State may request that 
the selection committee place his name on the ballot. Such request 
shall be made no later than the second Tuesday after the first Monday 
in January (Sec. 103.101(2)).
A candidate's name shall be printed on the presidential preference 
primary ballot unless he submits to the Department of State, prior to 
the second Tuesday after the first Monday in January, an affidavit 
stating that he is not now, and does not presently intend to become, a 
candidate for President at the upcoming nominating convention. If a 
candidate withdraws pursuant to this subsection, the Department of 
State shall notify the State executive committee that the candidate's 
name will not be placed on the ballot. The Department of State shall, 
no later than the third Tuesday after the first Monday in January, 
certify to each supervisor of elections the name of each candidate for 
political party nomination to be printed on the ballot 
(Sec. 103.101(3)).
The names of candidates for political party nominations for President 
of the United States shall be printed on official ballots for the 
presidential preference primary election and shall be marked, counted, 
canvassed, returned, and proclaimed in the same manner and under the 
same conditions, so far as they are applicable, as in the other State 
elections. If party rule requires the delegates' names to be printed on 
the official presidential preference primary ballot, the name of the 
president candidates for that political party may not be printed 
separately, but the ballot may reflect the presidential candidate to 
whom the delegate is pledged. If, however, a political party has only 
one presidential candidate, neither the name of the candidate nor the 
names of the candidate's delegates shall be printed on the ballot 
(Sec. 103.101(4)).
The state executive committee of each party, by rule adopted at least 
120 days prior to the presidential preference primary election, shall 
determine the number, and establish procedures to be followed in the 
selection, of delegates and delegate alternates from among each 
candidate's supporters. A copy of any rule adopted by the executive 
committee shall be filed with the Department of State within 7 days 
after its adoption and shall become a public record. The Department of 
State shall review the procedures and shall notify the State executive 
committee of each political party of any ballot limitations. The 
Department of State may promulgate rules for the orderly conduct of the 
presidential preference primary ballot. Delegates must qualify no later 
than the second Friday in January in the manner provided by party rule. 
All delegates shall be allocated as provided by party rule 
(Sec. 103.101 (5), (6), (7)).

c. statutory instructions
None.

GEORGIA
Delegates to National Conventions:
Democratic: 92
Republican: 54

a. manner of selection
There is no specific statutory provision regulating the election or 
selection of delegates to national conventions. The law does state, 
``each political party shall establish and maintain a State executive 
committee exercising statewide jurisdiction and control over party 
affairs, and a county executive committee in each county in which it 
holds a primary, exercising county-wide jurisdiction and control over 
party affairs. A party may establish and maintain such other committees 
as it may from time to time deem advisable. The membership of such 
committees shall be selected in the manner determined by the State 
executive committee. Each committee shall be presided over by a 
chairman and shall have a secretary and each other officers as deemed 
advisable. Georgia will have a presidential primary on March 7, 2000.
The State executive committee of each political party or body shall 
determine the method and procedures by which delegates and delegate 
alternates to the national nominating conventions are selected, as well 
as adopt any other rule not inconsistent with this article. (Code of 
Georgia, Sec. 21-2-195).

b. presidential preference primary
A presidential preference primary shall be held in 1992 and every four 
years thereafter for each political party or body which has cast for 
its candidates for President and Vice President in the last 
presidential election more than 20 percent of the total vote cast for 
President and Vice President in the state, so that the electors may 
express their preference for one person to be the candidate for 
nomination by his party or body for the office of President of the 
United States; provided, however, that no elector shall vote in the 
primary of more than one political party or body in the same 
presidential preference primary. Such primary was held on April 3, 
1992, and shall be held on the first Tuesday in March every four years 
thereafter (March 7, 2000). A State political party or body may by rule 
choose to elect any portion of its delegates to that party's or body's 
presidential nominating convention in the primary; and, if a State 
political party or body chooses to elect any portion of its delegates, 
such state political party or body shall establish the qualifying 
period for those candidates for delegate and delegate alternate 
positions which are to be elected in the primary and for any party 
officials to be elected in the primary and shall also establish the 
date on which State and county party executive committees shall certify 
to the Secretary of State or the superintendent, as the case may be, 
the names of any such candidates who are to be elected in the primary; 
provided, however, that such dates shall not be later than December 31, 
in the year preceding the year in which the presidential preference 
primary is to be held. (Sec. 21-2-191).
Not later than December 31 in the year preceding the year in which a 
presidential preference primary is to be held, the state executive 
committee of each party which is to conduct a presidential preference 
primary shall submit to the Secretary of State a list of the names of 
the candidates of such party to appear on the presidential preference 
primary ballot. Such lists shall be published by the Secretary of State 
in a newspaper of general circulation in the state during the first 
week of January in the year in which the presidential preference 
primary is to be held. (Sec. 21-2-193).

c. statutory instructions
Any person selected as a delegate or delegate alternate to such 
national convention shall file a qualification oath with the Secretary 
of State pledging support at the convention to the candidate of their 
political party or body for the office of President of the United 
States for whom they are selected to support. The oath shall state that 
the delegate or delegate alternate affirms to support such candidate 
until the candidate is either nominated by such convention, or receives 
less than thirty-five percent of the votes for nomination by such 
convention during any balloting, or until the candidate releases the 
delegates from such pledge. No delegate shall be required to vote for 
such candidate after two convention nominating ballots have been 
completed (Sec. 21-2-196).

HAWAII
Delegates to National Conventions:
Democratic: 33
Republican: 14

a. manner of selection
The delegates to the national conventions from Hawaii are elected at 
state conventions held by the political parties.

b. presidential preference primary
None.

c. statutory instructions
None.

IDAHO
Delegates to National Conventions:
Democratic: 23
Republican: 28

a. manner of selection
The Idaho election laws provide that each State convention shall write 
and adopt rules and regulations governing the conduct of their 
respective convention.
At their convention each political party may in the year of 
presidential elections elect delegates to the national convention in 
the manner prescribed by national party rules (Idaho Code, Sec. 34-
707).
Delegates are also elected at a presidential preference primary held on 
the fourth Tuesday in May of each presidential year, i.e., May 23, 2000 
(Sec. 34-731). No later than ten (10) days prior to the presidential 
primary election, each candidate for nomination by a party for 
president, or a designated representative of such candidate, shall file 
with the Secretary of State a list of names and addresses of persons 
proposed by that candidate to be delegates to the national convention 
of the party of that candidate. The number of names set forth on such 
list of proposed delegates shall be equal to the number of delegates 
and alternates to the national party convention as are allotted to 
Idaho for that year by the national committee of that party. No 
person's name shall be placed on such a list of proposed delegates 
unless that person has attained the age of eighteen (18) years at the 
time said delegates' list is filed, is a citizen of the United States, 
is a qualified elector of the State of Idaho, and has resided in the 
State of Idaho for at least one (1) year next preceding filing of said 
list. The qualifications of each person, whose name appears on such 
list of proposed delegates, shall be verified by an affidavit of the 
candidate, or a representative of the candidate, and said affidavit 
shall be attached to said list so filed. The form of said affidavit 
shall be determined by the Secretary of State (Sec. 34-735).
Upon completion of the State canvass of the results of the presidential 
primary, the Secretary of State shall certify to the State chairman of 
each political party participating in the presidential primary the 
number of votes received by each candidate of that party and the number 
of votes for an uncommitted delegation received by that party (Sec. 34-
736(1)). Each political party shall then select as many delegates and 
alternates to the national party convention as are allotted to it by 
the national committee of that party, according to the provisions of 
the following subsections of this section (Sec. 34-736(2)).
Eighty percent of such delegates and eighty percent of such alternates 
to a national party convention shall be selected by a party at its 
state convention, or as the party rules otherwise provide, from among:
(a) the persons named on the lists of proposed delegates to the 
national conventions filed with the secretary of state by that party's 
respective candidates for nomination by the party for President of the 
United States; and
(b) the persons selected by that party at its state convention, or as 
the party rules otherwise provide, to comprise any uncommitted 
delegation (Sec. 34-736(3)).
The number of delegates and the number of alternatives selected by a 
party from a candidate's list of proposed delegates, or selected by 
that party to comprise any uncommitted delegation, shall bear the same 
proportion to eighty percent (80 percent) of the total number of 
delegates and alternates allotted to such party as the total vote 
received by each candidate or uncommitted delegation bears to the total 
combined vote cast in said primary election for all candidates and 
uncommitted delegation, if any, receiving more than five percent (5 
percent) of the votes cast for that party. Upon determination of the 
number of delegates and alternates that shall be selected from each 
candidate's list of proposed delegates and that shall be selected to 
comprise an uncommitted delegation, if any, the party shall then select 
delegates and alternates to that party's national convention in that 
respective number from each such list and to comprise the uncommitted 
delegation, if any. The delegates and alternates comprising any such 
uncommitted delegation shall be selected as the party rules determine 
(Sec. 34-736(4)).
Twenty percent of the delegates and twenty percent of the alternates to 
a national party convention as are allotted to a party by the national 
committee of that party shall be selected as delegates and alternates 
to the national convention of that party as the party rules may 
determine (Sec. 34-736(5)).
In the event a candidate in the presidential preference primary fails 
to file with the Secretary of State a list of proposed delegates to his 
party's national convention, or to the extent that such a list of 
proposed delegates provided by such candidate fails to name a 
sufficient number of persons qualified for the office of delegate, such 
number of delegates and alternates, as would be selected from said 
candidate's list of proposed delegates according to the election 
results, shall be selected by the party as delegates and alternates to 
that party's national convention, as the party rules may determine 
(Sec. 34-736(6)).
In calculating the apportionment of delegate votes in conjunction with 
the selection of delegates and alternates, as provided for in this 
section, such proportions of delegate votes shall be expressed as 
decimal-fractional votes or the nearest whole number of delegate votes 
as the rules of the particular national party or convention may provide 
(Sec. 34-736(8)).
There shall be no unit rule applied to or by the delegation of any 
party to that party's national convention. No party or delegation shall 
commit or instruct delegates and alternates selected from that party's 
candidates' lists of proposed delegates or selected as uncommitted 
delegates and alternates. Other delegates and alternates may be 
committed and/or instructed as the party rules may provide (Sec. 34-
736(9)).

b. presidential preference primary
A presidential preference primary shall be held on the fourth Tuesday 
in May of each presidential year (May 23, 2000).
Each qualified elector shall have the opportunity to vote on the 
official presidential preference primary for one person to be the 
candidate for nomination by a party for president of the United States. 
The name of any candidate for a political party nomination for 
President of the United States shall be printed on the ballots only:
(a) if the Secretary of State shall have determined, in his sole 
discretion, that the person's candidacy is generally advocated or 
recognized in national news media throughout the United States. For the 
purpose of promoting the aspect of a regional primary in this regard, 
the Secretary of State may consult with the chief election officers of 
neighboring states which conduct a presidential primary election on the 
fourth Tuesday in May. The Secretary of State shall publish the names 
of such persons determined by him to be such candidates, together with 
their party affiliation, not less than sixty (60) days prior to the 
date of the presidential preference primary;
(b) if a petition for nomination meeting the requirements of subsection 
3 of this section is filed with the Secretary of State by members of a 
political party to which the candidate belongs;
(c) the petition referred to in subsection (b) hereof shall:
(1) have attached thereto a sheet or sheets containing the signatures 
of at least a number of qualified electors equal to one percent of the 
number of votes cast in this State for presidential electors at the 
previous general election at which a President of the United States was 
elected;
(2) be filed with the Secretary of State not later than thirty (30) 
days prior to the date of the presidential preference primary;
(3) the format of the signature petition sheets shall be prescribed by 
the Secretary of State and shall be patterned after, but not limited 
to, such sheets as used for State initiative and referendum measures;
(4) the petitions and signatures so submitted shall be verified in the 
manner prescribed in section 34-1807, Idaho Code (Sec. 34-732).
The Secretary of State shall forthwith notify each person whom he has 
nominated and each such person nominated by petition in writing by 
registered mail that such person's name will be printed as a candidate 
on the Idaho presidential preference primary ballot. In the event the 
Secretary of State is informed of a candidate's death or incapacity, 
the Secretary of State may, in his sole discretion, remove the name of 
such nominated candidate from the ballot, but not later than thirty 
(30) days prior to said election. No declaration of candidacy or 
affidavit of candidacy shall be required of any candidate as a 
condition for printing the name of that candidate on the official 
ballot used in the presidential preference primary (Sec. 34-733). At a 
presidential preference primary, qualified electors may vote for 
candidates for nomination for President of the United States from among 
the candidates of one political party only. The elector shall be able 
to cast his ballot for one of the presidential candidates of his party, 
or for ``none of the names shown.'' A vote of the latter kind shall 
express the preference for an uncommitted delegation from Idaho to the 
national convention of that elector's party (Sec. 34-734).

c. statutory instructions
There shall be no unit rule applied to or by the delegation of any 
party to the party's national convention. No party or delegation shall 
commit or instruct delegates and alternates selected from that party's 
candidates' lists of proposed delegates or selected as uncommitted 
delegates and alternates. Other delegates shall be committed and/or 
instructed as the party rules may provide (Sec. 34-736(9)).

ILLINOIS
Delegates to National Conventions:
Democratic: 189
Republican: 74

a. manner of selection
Not less than 61 days before the date of the primary the State Board of 
Elections shall meet and shall examine all petitions filed under 
Article 7, in the office of the State Board of Elections. The State 
Board of Elections shall then certify to the county clerk of each 
county, the names of all candidates whose nomination papers or 
certificates of nomination have been filed with the board and direct 
the County Clerk to place upon the official ballot for the general 
primary election the names of such candidates in the same manner and in 
the same order as shown upon the certification.

Selection of delegates and alternate delegates.
Delegates and alternate delegates to national nominating conventions 
shall be chosen according to one of the following alternative methods 
of allocating delegates for election. The State central committee of 
each political party established pursuant to this Article 7 shall 
certify to the State Board of Elections, not less than 30 days prior to 
the first date for filing of petitions for election as delegate or 
alternate delegate to a national nominating convention, which of the 
following alternatives it wishes to be utilized in allocating the 
delegates and alternate delegates to which Illinois will be entitled at 
its national nominating convention. The State Board of Elections shall 
meet promptly and, not less than 20 days prior to the first date for 
filing of such petitions, shall publish and certify to the county clerk 
in each county the number of delegates or alternate delegates to be 
elected from each congressional district or from the State at large or 
State convention of a political party, as the case may be, according to 
the method chosen by each State central committee. If a State central 
committee fails to certify to the State Board of Elections its choice 
of one of the following methods prior to the aforementioned meeting of 
the State Board of Elections, the State Board of Elections shall 
certify delegates for that political party pursuant to whichever of the 
alternates below was used by that political party in the most recent 
year in which delegates were selected, subject to any subsequent 
amendments.
Prior to the aforementioned meeting of the State Board of Elections at 
which the Board shall publish and certify to the county clerk the 
number of delegates or alternate delegates to be elected from each 
congressional district or the State at large or State convention, the 
Secretary of State shall ascertain from the call of the national 
convention of each political party the number of delegates and 
alternate delegates to which Illinois will be entitled at the 
respective national nominating conventions. The Secretary of State 
shall report the number of delegates and alternate delegates to which 
Illinois will be entitled at the respective national nominating 
conventions to the State Board of Elections convened as aforesaid to be 
utilized by the State Board of Elections in calculating the number of 
delegates and alternates to be elected from each congressional district 
in the State at large or State convention, as the case may be (Sec. 5/
7-14.1).
Alternative A: The State Board of Elections shall allocate the number 
of delegates and alternate delegates to which the State is entitled 
among the congressional districts in the State.
(1) Of the number of delegates to which the State is entitled, 10, plus 
those remaining unallocated under paragraph 2, shall be delegates at 
large. The State central committee of the appropriate political party 
shall determine whether the delegates at large shall be elected in the 
primary from the State at large, selected by the State convention, or 
chosen by a combination of these two methods. If the State central 
committee determines that all or a specified number of the delegates at 
large shall be elected in the primary, the committee shall file with 
the Board a report of such determination at the same time it certifies 
the alternative it wishes to use in allocating its delegates.
(2) All delegates other than the delegates at large shall be elected 
from the congressional districts. Two delegates shall be allocated from 
this number to each district. After reserving 10 delegates to be 
delegates at large and allocating 2 delegates to each district, the 
Board shall allocate the remaining delegates to the congressional 
districts pursuant to the following formula:
(a) for each district, the number of remaining delegates shall be 
multiplied by a fraction, the numerator of which is the vote cast in 
the congressional district for the party's nominee in the last 
presidential election, and the denominator of which is the vote cast in 
the State for the party's nominee in the last presidential election;
(b) the Board shall first allocate to each district a number of 
delegates equal to the whole number in the product resulting from the 
multiplication procedure in subparagraph (a);
(c) the Board shall then allocate any remaining delegates, one to each 
district, in the order of largest fractional remainder in the product 
resulting from the multiplication procedure in subparagraph (1), 
omitting those districts for which the product is less than 1.875;
(d) the Board shall then allocate any remaining delegates, one to each 
district, in the order of the largest fractional remainder in the 
product resulting from the multiplication procedure in subparagraph 
(1), among those districts for which that product is at least one but 
less than 1.875.
(e) any delegates remaining unallocated shall be delegates at large and 
shall be selected as determined by the State central committee under 
paragraph (a) of this Alternative A.
(3) The alternative delegates at large shall be allocated in the same 
manner as the delegates at large. The alternative delegates other than 
the alternate delegates at large shall be allocated in the same manner 
as the delegates other than the delegates at large (Sec. 7-14.1)
Alternative B: The chairman of the State central committee shall file 
with the State Board of Elections a statement of the number of 
delegates and alternate delegates to which the State is entitled and 
the number of such delegates and alternate delegates to be elected from 
congressional districts. The State Board of Elections shall allocate 
such number of delegates and alternate delegates, as the case may be, 
among the congressional districts in the State for election from the 
congressional districts (Sec. 5/7-14.1). (See the formulae for 
determin  ing the selection of delegates from each congressional 
district in section 15/7-14.1)

Statements to be filed by delegates and alternate delegates:
(A) Except as otherwise provided in paragraph (C), a candidate for 
delegate or alternate delegate to a national nominating convention 
shall file with the State Board of Elections at the time of filing the 
statement of candidacy described in Section 7-10, a statement declaring 
the name of his preference for President of the United States or that 
he is uncommitted.
(B) The following procedure shall apply to candidates for delegate or 
alternate delegate to a national nominating convention of a political 
party whose State Central Committee uses Alternative B of Section 7-
14.1. If more candidates for delegate or alternate delegate in a 
congressional district than have been allocated to that district file 
statements designating the same presidential candidate as their 
preference for President of the United States, the presidential 
candidate so designated or his authorized representative may, within 10 
days after the last day for filing such statements, file an affidavit 
designating which of such candidates he wants to be listed on the 
ballot as being committed to the presidential candidate. Candidates for 
delegate or alternate delegate not designated on an affidavit by the 
presidential candidate shall be listed on the ballot as uncommitted. In 
no event may the designated person's filing of the affidavit leave 
fewer candidates listed on the ballot as being committed to him than 
the number of delegates or alternate delegates allocated to the 
district.
(C) The State central committee of a political party may choose to file 
a statement with the State Board of Elections not less than 30 days 
prior to the first day for filing the statement of candidacy described 
in Section 7-10, specifying that a candidate for delegate or alternate 
delegate shall not be required to file an official declaration 
statement pursuant to this Section.
If the State central committee of a political party specifies that any 
such official declaration statement is not required to be filed by the 
candidates for delegates and alternate delegates to the national 
nominating convention of any such political party, then no such 
declaration statement shall be required to be made (Sec. 5/7-10.3).

b. presidential preference primary
Illinois will hold a presidential preference primary on March 21, 2000. 
The presidential primary is an open type of primary. Any candidate for 
President of the United States may have his name printed upon the 
primary ballot of his political party by filing in the office of the 
State Board of Elections not more than 99 and not less than 92 days 
prior to the date of the March primary, in any year in which a 
presidential election is to be held, a petition signed by not less than 
3,000 or more than 5,000 primary electors, members of and affiliated 
with the party of which he is a candidate, and no candidate for 
President of the United States who fails to comply with the provisions 
of this Article shall have his name printed upon a primary ballot 
(Sec. 5/7-11).

c. statutory instructions
Unless the rules or policies of a national political party otherwise 
provide, the vote for presidential candidate is advisory only, and 
shall be for the sole purpose of securing an expression of the 
sentiment and will of the party voters with respect to candidates for 
nomination for said office, and the vote of the State at large shall be 
taken and considered as advisory to the delegates and alternates at 
large to the national conventions of respective political parties; and 
the vote of the respective congressional districts shall be taken and 
considered as advisory to the delegates and alternates of said 
congressional districts to the national conventions of the respective 
political parties (Sec. 7-11).

INDIANA
Delegates to National Conventions:
Democratic: 89
Republican: 55

a. manner of selection
Delegates and alternate delegates are elected at the State conventions 
of political parties which received at least 2 percent of the vote cast 
for Secretary of State at the last election (Indiana Statutes 
Annotated, Sec. Sec. 3-8-4-1 and 3-8-4-13).

(b) Delegates to a state convention shall be chosen at the primary 
election conducted by the political party on the first Tuesday after 
the first Monday in May, 1998, and every two (2) years thereafter. If 
provided in the rules of the state committee of the political party, 
delegates may be elected from delegate districts in each county.
(c) Not later than noon, November 30, of the year preceding the year in 
which the state convention is to be conducted, the state chairman of a 
political party shall certify the following to the election division 
and to each county committee of the party:
(1) The number of delegates to be elected in each county.
(2) Whether the delegates are to be elected from districts or at large 
in each county.
(3) If a county is to elect delegates from districts, how many 
districts must be established in each county.
(d) The county committee shall establish any delegate districts 
required to be established under subsection (c) and file descriptions 
setting forth the district boundaries with the county election board 
not later than noon December 31 of the year preceding the year the 
state convention is to be conducted. If the county committee does not 
timely file district descriptions under this subsection, the county 
election board shall establish districts not later than the first day 
that a declaration of candidacy may be filed under IC 3-8-2-4, and 
apportion the delegates to be elected from each district in accordance 
with subsection (c). (Sec. 3-8-4-3).
Each major political party shall elect delegates from each county to 
the party's State convention at the primary election (Sec. 3-101-4).

b. presidential preference primary
The presidential primary is on May 2, 2000. A candidate for nomination 
for the office of President of the United States shall, no later than 
noon seventy four (74) days, and no earlier than one hundred four (104) 
days before the primary election held in the year in which a President 
is to be elected, file with the Election Division a request that the 
candidate's name be placed upon the ballot under the label of the 
political party whose nomination the candidate is seeking (Sec. Sec. 3-
8-3-1, 3-10-1-3). A request must be accompanied by a petition signed by 
at least five thousand (5,000) voters of the State, including at least 
five hundred (500) voters from each congressional district. Each 
petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence mailing address of each petitioner (Sec. 3-8-3-2).
Such a petition must request that the candidate's name be placed on the 
ballot at the primary election. In order for the Secretary of State to 
consider a petition valid, the circuit court clerk or board of 
registration in the county where the petitioner is registered must 
certify each petitioner is a voter of the county. The certification 
must accompany and be part of the petition. If a county is part of more 
than one (1) congressional district, the certificate must indicate the 
number of petitioners from that county who reside in each congressional 
district (Sec. 3-8-3-3). Such a petition must be submitted to the 
circuit court clerk or board of registration during the period 
beginning January 1 of the year in which the primary election will be 
held and ending at noon ten days before the final date for filing a 
declaration of candidacy under IC 3-8-2-4 for the primary election 
(Sec. 3-8-3-4). Such a request or petition is not valid unless received 
in the office of the Election Division by noon Indianapolis time on the 
final day for filing a declaration of candidacy under IC 3-8-2-4 before 
a primary election (Sec. 3-8-3-5). Immediately after the deadline for 
filing, the Election Division shall certify and release to the public a 
list of the candidates for each political party. The Election Division 
shall also release to the public a list of all requests whose validity 
is questioned (Sec. 3-8-3-6).

c. statutory instructions
A delegate or alternate delegate selected from a congressional district 
to the national convention of a political party shall, on the first 
ballot at the national convention, support the candidate for President 
of the United States who received the highest number of votes in the 
congressional district at the primary election if the person is in fact 
a candidate at the convention. A delegate-at-large or alternate 
delegate-at-large to the national convention is not required to support 
a specific candidate for President on any ballot at the convention 
(Sec. 3-8-3-11).

IOWA
Delegates to National Conventions:
Democratic: 56
Republican: 25

a. manner of selection
Delegates to the national conventions of the respective political 
parties are selected by custom by State and congressional district 
conventions comprised of delegates selected at county conventions, as 
set forth in the party rules.
Delegates to county conventions of political parties and party 
committee members shall be elected at precinct caucuses held not later 
than the fourth Monday in February of each even-numbered year. The date 
shall be at least eight days earlier than the scheduled date for any 
meeting, caucus or primary which constitutes the first determining 
stage of the presidential nominating process in any other State, 
territory or any other group which has the authority to select 
delegates in the presidential nomination. The State central committees 
of the political parties shall set the date for their caucuses. The 
county chairperson of each political party shall issue the call for the 
caucuses. The county chairperson shall file with the commissioner the 
meetingplace of each precinct caucus at least seven days prior to the 
date of holding the caucus.
There shall be selected among those present at a precinct caucus a 
chairperson and a secretary who shall within seven days certify to the 
county central committee the names of those elected as party committee 
members and delegates to the county convention.
The central committee of each political party shall notify the 
delegates and committee members so elected and certified of  their 
election and of the time and place of holding the county convention. 
Such conventions shall be held either preceding or following the 
primary election but no later than ten days following the primary 
election and shall be held on the same day throughout the State (Iowa 
Code Annotated, Sec. 43.4).
Delegates shall be persons who are or will by the date of the next 
general election become eligible electors and who are residents of the 
precinct. The number of delegates from each voting precinct shall be 
determined by a ratio adopted by the respective party county central 
committees, and a statement designating the number from each voting 
precinct in the county shall be filed by such committee not later than 
the time the list of precinct caucus meetings is required to be filed 
in the office of the commissioner. If the required statement is not 
filed, the commissioner shall fix the number of delegates from each 
voting district (Sec. 43.90). The State convention is held either 
preceding or following the primary election at a time and place 
designated by the State central committee (Sec. 43.107). There is no 
specific statute governing selection of national convention delegates. 
It is stated that ``the State central committee . . . may organize at 
pleasure for political work as is usual and customary with such 
committees'' (Sec. 43.111).

c. statutory instructions
None.

KANSAS
Delegates to National Conventions:
Democratic: 42
Republican: 35

a. manner of election
Delegates and alternates to a national party convention shall be 
selected by a party at its State convention, or as the party rules 
otherwise provide, from among: (a) the persons named on the lists of 
proposed delegates and alternates to the national conventions file with 
the Secretary of State by that party's respective candidate for 
nomination by the party for President of the United States; and (b) the 
persons selected by that party at its State convention, or as the party 
rules otherwise provide, to compromise any uncommitted delegation. 
(Kansas Statutes Annotated, Sec. 25-4507).

b. presidential preference primary
Kansas will hold a presidential preference primary on the first Tuesday 
in April of the year 2000, and every fourth year thereafter. (April 4, 
2000) (Sec. 25-4501). The presidential primary is an open type of 
primary. The name of any candidate for a political party nomination for 
president of the United States shall be printed on the ballots only if, 
not later than twelve o'clock noon, February 12 prior to the 
presidential preference primary or, if such date falls on Saturday, 
Sunday or a holiday, not later than twelve o'clock noon the following 
day that is not a Saturday, Sunday or holiday:
(1) The candidate files with the secretary of state a declaration of 
intent to become a candidate accompanied by a fee of one hundred 
dollars ($100); or
(2) There is filed in the office of secretary of state a petition in 
the form prescribed by K.S.A. 25-205, signed by not less than one 
thousand (1,000) registered electors, who are affiliated with the 
political party of such candidate as shown by the party affiliation 
list. The secretary of state shall determine the sufficiency of each 
such petition, and such determination shall be final. (Sec. 25-
4502(b)).
Certification of election results to political party; selection of 
delegates and alternates to national party, convention; binding of 
delegates and alternates; adoption and filing of party rules.
(a) Upon completion of the state canvas of the results of the 
presidential preference primary, the secretary of state shall certify 
to the state chairperson of each political party participating in the 
presidential preference primary the number of votes received by each 
candidate of that party and the number of votes for an uncommitted 
delegation received by that party.
(b) Each political party shall then select as many delegates and 
alternates to the national party convention as are allotted to it by 
the national committee of that party, according to K.S.A. 25-4506 and 
this section, and amendments thereto.
(c) No later than 60 days following the presidential preference 
primary, delegates and alternates to a national party convention shall 
be selected by a party at its state convention, or as otherwise 
provided by party rules adopted by the committees of the political 
parties. The number of delegates and the number of alternates to a 
national party convention shall be determined according to party rules. 
Delegates and alternates to a national party convention shall be 
selected in the manner prescribed by party rules. The binding of 
delegates and alternates to a national party convention shall be 
determined by party rules. All such rules shall be filed with the 
secretary of state no later than January 2, 1992, and no later than 
January 2 every fourth year thereafter. (Sec. 25-4507).

c. statutory instructions
None.

KENTUCKY
Delegates to National Conventions:
Democratic: 58
Republican: 31

a. manner of selection
No statutory provisions.

b. presidential preference primary
On the first Tuesday after the fourth Monday in May, in each 
presidential election year, the Commonwealth of Kentucky shall conduct 
presidential preference primary elections within each political party 
(Kentucky Revised Statutes Annotated, Sec. 118.561. (May 23, 2000). 
Kentucky presidential primary is a closed primary. (Sec. 118.571).
The State board of elections shall convene in Frankfort on the second 
Tuesday in January preceding a presidential preference primary. At the 
meeting required by this section, the board shall nominate as 
presidential preference primary candidates all those generally 
advocated and nationally recognized as candidates of the political 
parties for the office of President of the United States. Immediately 
upon completion of this requirement, the board shall transmit a list of 
all such nominees selected to the Secretary of State and shall also 
release the list to the news media. (Sec. 118.581.).
Before any candidate's name is placed upon the official ballot by the 
Secretary of State for a presidential preference primary in the 
Commonwealth, the candidate shall remit to the Secretary of State the 
sum of one thousand dollars ($1,000), which shall be nonrefundable 
unless no presidential primary is held. (Sec. 118.611.).

c. statutory instructions
A declaration that the results of the presidential preference primary, 
in accordance with the division of votes reflected by the official 
canvass, shall be the official vote cast by each political party at its 
national convention, on the first ballot only, and shall be designated 
by KRS 118.551 to 118.651 as an automatic vote, expressing the will of 
the people of the Commonwealth of Kentucky. After the vote on the first 
ballot by the political party at its national convention, as required 
by this section, all responsibility under KRS 118.551 to 118.651 shall 
terminate and further balloting shall be the prerogative of the 
political parties as might be prescribed by the rules of such political 
parties. (Sec. 118.631.).

LOUISIANA
Delegates to National Conventions:
Democratic: 74
Republican: 28

a. manner of selection
At least 90 days before a presidential preference primary election, the 
State governing body of each eligible political party shall establish 
procedures to be followed in the selection of individual delegates and 
alternates to the convention of that party, including procedures for 
the selection of committed and uncommitted delegates (Louisiana Revised 
Statutes, title 18, Sec. 1280.27(A), Supp. A recognized political party 
shall be controlled and directed by one State central committee and a 
parish executive committee for each parish (Sec. 442). Delegates shall 
be allocated among the presidential candidates according to the results 
of the presidential primary and according to the guidelines of the 
political parties (Sec. 1280.27(B), Supp.). Louisiana will have a 
presidential preference primary on the second Tuesday in March 
(Sec. 1280.21, Supp.) (March 14, 2000).

b. presidential preference primary
A statewide presidential preference primary election shall be held on 
the second Tuesday in March in 2000 (March 4, 2000) for the purpose of 
allowing the electors of each political party in the State which has 
forty thousand or more registered members to express their preference 
for a person to be the nominee of the party for President of the United 
States. Each elector voting in such election may vote only for a 
candidate who is affiliated with the same party as the elector. 
Notwithstanding any provisions of this Code to the contrary, in any 
statewide presidential preference primary election, at any precinct 
where the presidential preference issue or election of political 
party  officials or both are the only matters on the ballot, the number 
of election commissioners required in such precinct shall be one 
commissioner-in-charge and two commissioners (Sec. 1280.21, Supp.).
Candidates for presidential nominee shall qualify in accordance with 
procedures established by the party. Prior to qualification as a 
candidate of a political party for presidential nominee, a person shall 
pay a qualifying fee of $750 or shall have obtained a nominating 
petition, bearing the signatures of no less than one thousand 
registered voters affiliated with the party from each of the 
congressional districts into which the state is divided. The qualifying 
period for presidential candidates shall open on the last Wednesday in 
January and shall close at 5:00 p.m. on the following Friday. During 
the qualifying period, presidential candidates shall file notices of 
candidacy with the Secretary of State. Each sheet of a nominating 
petition shall set forth the name of the presidential candidate, as it 
shall appear on the election ballot, the address of the candidate, the 
political party with which he is affiliated, and the date of the 
presidential primary.
Each voter who signs a nominating petition shall include his name and 
residence address. All persons who obtained signatures shall certify 
that to the best of their knowledge, information, and belief all of the 
signatures on the nominating petition are genuine, and all of the 
statements contained in the petition are true and correct. A nominating 
petition shall be submitted to the registrars of voters in the parishes 
where the signers reside not less than thirty days before the end of 
the qualifying period. The registrar for each parish shall endorse upon 
the nominating petitions, whether original or supplemental, the date 
and time of submission and shall promptly certify the nominating 
petitions, in the order received, by determining and certifying on each 
nominating petition which of the signers are registered to vote in the 
parish. A registrar may stop certifying the signatures on a nominating 
petition when the total number of the signers he has certified as 
having signed the petition timely and as being registered to vote 
equals 15% more than the number of registered voters required from the 
congressional district. A registrar's certification shall be conclusive 
as to number of qualified voters who timely signed a nominating 
petition, and evidence to the contrary shall not be admitted in an 
action objecting to the candidacy of a presidential candidate filing 
the nominating petition. (Sec. 1280.22, Supp.).
At least ninety days prior to a presidential preference primary 
election, the State governing body of each eligible political party 
shall establish procedures to be followed in the selection of 
individual delegates and alternatives to the convention of that party, 
including procedures for the selection of committed and uncommitted 
delegates. Delegates shall be allocated among the presidential 
candidates according to the results of the presidential primary and 
according to guidelines established by the governing bodies of the 
respective parties (Sec. 1280.27, Supp.).

c. statutory instruction
None.

MAINE
Delegates to National Conventions:
Democratic: 32
Republican: 14

a. manner of selection
Delegates must be selected by state parties meeting in convention 
pursuant to subchapter I, article III, at any time after the 
presidential preference primary election. (Maine Revised Statutes 
Annotated, Title 21-A, Sec. 415.1, Supp.).

b. presidential preference primary
When the state committee of a political party certifies that there is a 
contest among candidates for nomination as the presidential candidate 
of the party and has notified the State of its intent to participate in 
a presidential election, the State shall hold a presidential primary 
election.
The presidential preference primary election must be held on the first 
Tuesday in March of the presidential election year (March 7, 2000). 
(Sec. 411, Supp.).
The ballot must include the name of any person who is a member of a 
political party that has qualified to participate in a primary election 
under subchapter I and who has filed a petition with or paid a filing 
fee to the Secretary of State pursuant to the requirements of section 
412, subject to challenge and appeal under section 337. (Sec. 414, 
Supp.).
A candidate for the office of president must either file a petition or 
pay a filing fee to the Secretary of State for that candidate's name to 
be placed on the ballot.
A candidate for the office of president who does not pay a filing fee 
to the Secretary of State pursuant to subsection 2 must file with the 
Secretary of State a petition with at least 2,000 and not more than 
3,000 voters' signatures. By July 1st of the year preceding each 
presidential election year, the Secretary of State shall prepare and 
make available petitions for circulation by persons desiring to be 
contestants in the state presidential preference primary of any party. 
The petitions must meet the requirements of sections 335 and 336, 
excluding section 335, subsections 6 and 8, and must be filed by 
December 1st in the year next prior to the year of the presidential 
preference primary election.
A candidate for the office of president who does not file a petition 
with the Secretary of State pursuant to subsection 1 must pay a $2,500 
filing fee to the Secretary of State. A candidate must pay the filing 
fee at the time that candidate files the required written statement of 
intent and no later than December 1st in the year next prior to the 
year of the presidential preference primary (Sec. 412, Supp.).

c. statutory instructions
Delegates to the national convention must be allocated proportionally 
among the candidate votes and the uncommitted votes cast in the 
presidential preference primary election of the party.
A delegate elected as an uncommitted delegate may support any 
presidential candidate at any time and may change support for this 
candidate in the delegate's sole discretion.
A delegate elected for a particular presidential candidate according to 
the proportional allocation specified by this section shall vote for 
that candidate on the first ballot at the national nominating 
convention, unless the candidate for whom a particular delegate is 
elected specifically withdraws, as verified by the chair of the 
national party, from consideration for the presidential nomination at 
any time before the first ballot at the national nominating convention. 
In the event of such a withdrawal, delegates elected for that 
particular candidate become uncommitted delegates. (Sec. 415, Supp.).

MARYLAND
Delegates to National Conventions:
Democratic: 92
Republican: 31

a. manner of selection
The total number of delegates and alternate delegates to represent the 
political parties at their national conventions shall be ascertained 
and determined by the governing body of each party and certified to the 
State Administrative Board of Election Laws not later than the first 
day of January in each year in which national conventions for the 
nomination of President and Vice President are held (Annotated Code of 
Maryland, Art. 33, Sec. 12-1a).

b. presidential preference primary
Maryland will have a presidential preference primary on the first 
Tuesday in March (March 7, 2000) (Sec. 5-2). The presidential primary 
is a closed primary.
(1) By direction of the Secretary of State who shall place the name of 
the candidate for the Democratic party nomination on the ballot on the 
first regular business day in the year in which the President is 
elected and the name of a candidate for nomination by any other party 
on the ballot no sooner than 90 days nor later than 70 days preceding 
the date set by law for the primary election. The Secretary shall place 
the name of a presidential candidate on the ballot when the Secretary's 
sole discretion that the candidate's candidacy is generally advocated 
or recognized in the news media throughout the United States or in 
Maryland, in accordance with the national party rules, unless the 
candidate executes and files with the Secretary of State an affidavit 
stating without qualification that he is not and does not intend to 
become a candidate for the office in the Maryland primary election; or 
(2) By making the payment required and by filing with the State 
Administrative Board of Election Laws a petition in the form prescribed 
by the State Administrative Board of Election Laws which shall contain 
the signatures of not less than 400 of the registered voters within 
each congressional district. For candidates for the nomination of the 
Democratic party, the payment and filing must be made not later than 9 
p.m. on the day which is one week later than the first regular business 
day of the year in which the President of the United States is elected. 
For candidates for the nomination of any other party, the payment and 
filing must be made at least 70 days preceding the date set by law for 
the primary election. Nothing in this section shall require compliance 
with Sec. 7-1 of this article (Sec. 12-6.).

c. statutory instructions

Democrats:
Delegates to reflect sentiments of those who elected them: Delegates 
elected to the Democratic National Convention, either uncommitted or 
pledged to a presidential candidate, shall in all good conscience 
reflect the sentiments of those who elected them.
Notwithstanding any provisions of law to the contrary, delegates 
elected to the Democratic National Convention shall vote in accordance 
with party rules (Sec. Sec. 12-2, 12-3).

Republicans:
The Republican State Central Committee shall certify to the State 
Administrative Board of Election Laws the number of delegates to be 
elected from each congressional district and the number of delegates to 
be elected at large, respectively, as provided in the rules of the 
Republican national convention, not later than the first day of January 
in each year in which national conventions for the nomination of 
President and Vice-President are held (Sec. 12-4).

MASSACHUSETTS
Delegates to National Conventions:
Democratic: 118
Republican: 37

a. manner of selection
In any year in which candidates for presidential electors are to be 
elected, the selection of delegates and alternate delegates to national 
conventions of political parties shall be by that system adopted by the 
State committee, provided such system shall not include the placing of 
the names of delegates on the presidential primary ballot; and 
provided, further, that the distribution of delegates under any such 
system shall reflect the preference expressed by the voters on the 
presidential preference portion of the ballot at the presidential 
primary. The system adopted by the State committee shall be set forth 
in written rules and procedures covering all aspects of the delegate 
selection process and a copy of such rules and procedures shall be 
filed with the Secretary of State on or before October first of the 
year preceding the year in which presidential electors are to be 
elected. The number of district delegates and alternate district 
delegates, not less than two from each congressional district, and the 
number of delegates and alternate delegates at-large shall be fixed by 
the State committee, who shall give notice thereof to the Secretary of 
State on or before the first Tuesday in January (Massachusetts General 
Laws Annotated, ch. 53, Sec. 70B). A presidential preference primary 
shall be held on the first Tuesday in March (March 7, 2000) (Sec. 28, 
Supp.). The presidential primary is an open primary.

b. presidential preference primary
The primary shall be held on the first Tuesday in March in any year in 
which presidential electors are to be elected (ch. 53, Sec. 28, Supp.). 
The presidential primary date is set by statute for March 7, 2000.
The Secretary of State shall cause to be placed on the official ballot 
for use at presidential primaries, under separate headings, and in the 
following order: the names of those candidates or potential candidates 
for the office of President of the United States whom he shall have 
determined to be generally advocated or recognized in national news 
media throughout the United States; the names of any other candi- 
dates or potential candidates for nomination for President whose names 
are proposed therefor by nomination papers prepared and furnished by 
the Secretary of State, signed in the aggregate by at least twenty-five 
hundred voters; and the names of those candidates or potential 
candidates for nomination for President whose names appear on written 
lists signed by the chairman of the State committees of the political 
parties, arranged in such order as may be determined by lot under the 
direction of the Secretary of State, a blank space in which the voter 
may, if he does not vote for any of the candidates for President whose 
names are printed on the ballot, insert the name of any person of his 
choice as a candidate for President, and a blank space in which a voter 
may vote no preference. A vote for no preference and for a candidate 
whose name has been inserted by the voter shall be counted as a vote 
for that candidate. The chairman of the State committee of a political 
party and the Secretary of State shall submit lists or prepare lists of 
candidates for President, as aforesaid, no later than the first Friday 
in January, and shall notify each such candidate forthwith, by 
registered mail, of the presence of his name on said lists. No name 
shall be removed from said lists, nor from the ballot, unless such 
candidate shall file with the Secretary of State an affidavit stating 
that he does not desire his name printed upon said ballot at the 
forthcoming presidential primary. Such affidavit shall be filed with 
the Secretary of State no later than five o'clock p.m. on the second 
Friday in January (Sec. 70E). There shall also be printed on the ballot 
appropriate instructions to aid the voter with respect to expressing 
his preference for a candidate for nomination as President (ibid.).

c. statutory instructions
If there is a roll call vote as the national convention of a political 
party, all delegates and alternate delegates whose selection is subject 
by party rule to the approval of a presidential candidate shall vote on 
the first such roll call for that presidential candidate unless 
released by such candidate (Sec. 70 I).

MICHIGAN
Delegates to National Conventions:
Democratic: 157
Republican: 58

a. manner of selection
The allotment of delegates to all precincts in the State shall be made 
to ensure, as near as is practicable, equal apportionment based upon 
the total vote cast for the candidate of each political party for 
either President of the United States or Secretary of State; however, 
each precinct is to have at least one delegate (Michigan Compiled Laws 
Annotated, Sec. 168.623a(3)(4)).
The allocation of all delegates and alternates to a national convention 
shall be made by the State central committee of each party and shall be 
certified to the Secretary of State. A minimum of two-thirds of the 
State's delegates shall be allocated to congressional districts and at 
least two delegates shall be allocated to each district. All delegates 
shall be registered electors of the State. Delegates elected from 
congressional districts shall be registered electors of those 
districts. All national convention delegates shall be chosen according 
to procedures and any other qualifications, as may be established by 
the State central committee of that political party. Such procedures 
and qualifications may include, but are not necessarily limited to, 
guarantees that discrimination on the basis of race, creed, color, sex, 
age, national origin or economic status does not occur (Sec. 168.618, 
Supp.).
National convention delegates elected pursuant to law shall be elected 
on a basis that ensures that the proportion of the total national 
convention delegation that is uncommitted or is committed to each 
presidential candidate equals, as near as is practicable the proportion 
of the popular vote that was case as uncommitted or for each respective 
presidential candidate of the particular political party's total 
popular vote. The determination of these proportions shall only include 
the votes cast as uncommitted, or for a particular presidential 
candidate, if the total vote cast as uncommitted, or for that 
particular presidential candidate, equals at least the percentage 
determined by state political party rule of the total vote cast for all 
presidential candidates or as uncommitted for that political party.
All the national convention delegates shall be bound to vote for the 
presidential candidate for whom they designated commitment, if any, 
when they were elected as national delegates, until the end of the 
second ballot at the national convention, until released from that 
commitment by the withdrawal of that presidential candidate from 
contention for the party's nomination or by written release of that 
presidential candidate to the chairman of the national convention, 
whichever is earliest.
If a vacancy occurs in the elected delegation, it shall be filled by an 
alternate selected by the caucus for the candidate to whom the original 
delegate was committed, and the alternate shall be required to meet the 
same qualifications of the delegate being replaced.
A person who is a delegate to a State or county convention of his or 
her political party only by virtue of being a member of the state 
legislature in such capacity shall not participate in the selecting of 
delegates to his or her political party's national convention. Neither 
this provision nor any other provision of law shall be understood to 
restrict the opportunity of any registered elector in the State, 
including all public officials, to be elected as a delegate to any 
county, district, state, or national convention of the elector's 
political party (Sec. 168.619, Supp.).

b. presidential preference primary
(1) A statewide presidential primary election shall be conducted under 
this act on the third Tuesday in March in each presidential election 
year (March 21, 2000). A political party that received 5% or less of 
the total vote cast nationwide for the office of president in the last 
presidential election shall not participate in the presidential primary 
election (Sec. 168.613a, Supp.). The presidential primary is a closed 
primary.
Not later than 4 p.m. of the second Friday in December of the year 
before the presidential election, the secretary of state shall issue a 
list of the individuals generally advocated by the national news media 
to be potential presidential candidates for each party's nomination by 
the political parties for which a presidential primary election will be 
held. Not later than 4 p.m. of the Tuesday following the second Friday 
in December of the year before the presidential election, the state 
chairperson of each political party for which a presidential primary 
election will be held under section 613a shall file with the secretary 
of state a list of individuals whom they consider to be potential 
presidential candidates for that political party. After the issuance of 
the list under subsection (1) and after receipt of names from the state 
chairperson of each political party under subsection (2), the secretary 
of state shall notify each potential presidential candidate on the 
lists of the provisions of this act relating to the presidential 
primary election (Sec. 168.613a, Supp.).
Not later than 4 p.m. of the second Friday in December of the year 
before the presidential election, the secretary of state shall issue a 
list of the individuals generally advocated by the national news media 
to be potential presidential candidates for each party's nomination by 
the political parties for which a presidential primary election will be 
held under section 613a. Not later than 4 p.m. of the Tuesday following 
the second Friday in December of the year before the presidential 
election, the state chairperson of each political party for which a 
presidential primary election will be held under section 613a shall 
file with the secretary of state a list of individuals whom they 
consider to be potential presidential candidates for that political 
party. After the issuance of the list under subsection (1) and after 
receipt of names from the state chairperson for each political party 
under subsection (2), the secretary of state shall notify each 
potential presidential candidate on the lists of the provisions of this 
act relating to the presidential primary election (168.614a, Supp.).
Except as provided in this section, the secretary of state shall cause 
to be printed on the ballots for the presidential primary under the 
appropriate political party heading the name of a presidential 
candidate notified by the secretary of state under section 614a who has 
filed with the secretary of state an affidavit indicating his or her 
party preference and willingness to have his or her name printed on 
that party's ballot. The affidavit shall be filed with the secretary of 
state no later than 4 p.m. on the second Friday in January in a 
presidential election year. The name of an individual who is not listed 
as a potential presidential candidate under section 614a shall be 
printed on the ballot for the presidential primary for the appropriate 
political party if he or she files an affidavit as required in 
subsection (1) and files a nominating petition with the secretary of 
state no later than 4 p.m. on the second Friday in January in a 
presidential election year. The nominating petition shall contain valid 
signatures of registered and qualified electors equal to not less than 
\1/2\ of 1 percent of the total votes cast in the state at the previous 
presidential election for the presidential candidate of the political 
party for which the individual is seeking this nomination. However, the 
total number of signatures required on a nominating petition under this 
subsection shall not exceed 1,000 times the total number of 
Congressional districts in this state. A signature on a nominating 
petition is not valid if obtained before November 1 of the year before 
the presidential election year in which the individual seeks 
nomination. The nominating petitions shall conform to the requirements 
of this act regarding nominating petitions which requirements are not 
inconsistent with this subsection. The names of the presidential 
candidates shall be rotated on the ballot. The ballot shall contain a 
space for an elector to vote uncommitted (168.615a, Supp.).

c. statutory instructions
All of the national convention delegates shall be bound to vote for the 
presidential candidate for whom they designated commitment, if any, 
when they were elected as national delegates, until the end of the 
first ballot at the national convention, or until released from that 
commitment by the withdrawal of that presidential candidate from 
contention for that party's nomination, or by written release of that 
presidential candidate to the chairperson of the national convention, 
whichever is earliest (Sec. 168.619(2), Supp.).

MINNESOTA
Delegates to National Conventions:
Democratic: 91
Republican: 34

a. manner of selection
The final authority over the affairs of each political party is vested 
in the party's State convention to be held at least once every general 
election year at the call of the State central committee. Subject to 
the control of the State convention, the general management of the 
affairs of the State party is vested in the party's State central 
committee (Minnesota Statutes Annotated, Sec. 202A.12).
The rules of each political party shall provide that for each 
congressional district and each county or legislative district a 
convention shall be held at least once every general election year. 
Each major political party shall also provide for each congressional 
district and each county or legislative district an executive committee 
consisting of a chair and such other officers as may be necessary. The 
party rules may provide for only one executive committee and one 
convention where any county and congressional district have the same 
territorial limits (Sec. 202A.13).
At 7:00 p.m. on the first Tuesday in March in every general election 
year a party caucus is to be held for every election precinct 
(Sec. 202A.14, Supp.).

b. presidential preference primary
None.

c. statutory instructions.
None.

MISSISSIPPI
Delegates to National Conventions:
Democratic: 46
Republican: 33

a. manner of selection
The State executive committee of each political party shall determine 
the method and procedures by which delegates and delegate alternates to 
the national nominating conventions are to be selected as well as adopt 
any other rule not inconsistent with this chapter. The State executive 
committee of the political party shall establish, at least ninety (90) 
days prior to the second Tuesday in March in years in which a 
presidential election is held, procedures to be followed in the 
nomination of candidates for delegates and delegate alternates to the 
nominating convention of the political party. (Mississippi Code 
Annotated, Sec. 23-15-1055.)

b. presidential preference primary
The State of Mississippi will have a presidential preference primary on 
March 14, 2000. Each political party which has cast for its candidates 
for President and Vice President in the previous presidential election 
more than twenty percent (20%) of the total vote cast for President and 
Vice President in the State, may conduct a presidential preference 
primary. No elector shall vote in the primary of more than one (1) 
political party in the same presidential preference primary (Sec. 23-
15-1081). The presidential primary is an open primary.
The Secretary of State shall place the name of a candidate upon the 
presidential preference primary ballot when the Secretary of State 
shall have determined that such a candidate is generally recognized 
throughout the United States or Mississippi as a candidate for the 
nomination of President of the United States.
On or before December 15 immediately preceding a presidential 
preference primary election, the Secretary of State shall publicly 
announce and distribute to the news media for publication a list of the 
candidates he intends to place on the ballot at the following 
presidential preference primary election. Following this announcement 
he may add candidates to his selection, but he may not delete any 
candidate whose name appears on the announced list, unless the 
candidate dies or has withdrawn as a candidate (Sec. 23-15-1089).
Any person desiring to have his name placed on the presidential 
preference primary ballot shall file a petition or petitions in support 
of his candidacy with the State executive committee of the appropriate 
political party after January 1 of the year in which the presidential 
preference primary is to be held and before January 15 of that same 
year. To comply with this section, a candidate may file a petition or 
petitions signed by a total of not less than five hundred (500) 
qualified electors of the State, or petitions signed by not less than 
one hundred (100) qualified electors of each congressional district of 
the State, in which case there shall be a separate petition for each 
congressional district. The petitions shall be in such form as the 
State executive committee may prescribe; provided, that there shall be 
a space for the county of residence of each signer next to the space 
provided for the signature. No signature may be counted as valid unless 
the county of residence of the signer is provided. Each petition shall 
contain an affirmation under the penalties of perjury that each signer 
is a qualified elector in his congressional district or in the state, 
as appropriate (Sec. 23-15-1093).

c. statutory instructions
None.

MISSOURI
Delegates to National Conventions:
Democratic: 92
Republican: 35

a. manner of selection
The State of Missouri will be holding its presidential preference 
primary on March 7, 2000. The state party organization which is the 
state organization recognized by the national organization of that 
established political party shall, after the primary and before the 
national convention, conduct a series of caucuses culminating in 
congressional and state conventions. Delegates to the national 
conventions shall be chosen at the congressional district and state 
conventions pursuant to rules established by the political parties 
(Vernon's Annotated Missouri Statutes, Sec. 115.776).

b. presidential preference primary
A statewide presidential preference primary shall be held on the first 
Tuesday after the first Monday in March of each presidential election 
year (Sec. 115.755) (March 7, 2000). On or before the tenth Tuesday 
prior to the date of the primary, the Secretary of State shall announce 
the official list of presidential candidates for each established 
political party (Sec. 115.758). This official list shall include the 
names of all qualified candidates who file with the Secretary of State, 
on or after 8:00 a.m. on the fifteenth Tuesday prior to the 
presidential primary, and on or before 5:00 p.m., on the eleventh 
Tuesday prior to the primary, a written request to be included on the 
primary ballot along with either a receipt from the candidate's 
political party for the payment of a $1000.00 filing fee or a sworn 
statement of inability to pay the fee and a qualifying petition signed 
by five thousand registered voters (Sec. 115.761). The names of the 
candidates shall appear on the primary ballot in the order in which 
their request to be included on the ballot was received in the office 
of the Secretary of State, except that, in the case of candidates who 
file a request to be included on the ballot before 5:00 p.m. on the 
first day for filing, the Secretary of State shall determine by random 
drawing the order in which such candidates' names shall appear on the 
ballot (Sec. 115.765). In a presidential preference primary, each voter 
shall be entitled to receive the ballot of one and only one established 
political party, designated by the voter before receiving such voter's 
ballot (Sec. 115.770). Each election authority shall cause the names of 
candidates certified by the Secretary of State to appear on the 
presidential preference primary ballot of each party, followed by a 
listing for an uncommitted vote (Sec. 115.767). After the count and 
canvass of the votes cast, the Secretary of State shall notify the 
state chair of each established political party for whom a candidate 
was listed, of the number of votes recorded in that party's primary for 
each candidate and uncommitted listing.

c. statutory instructions
Each national convention delegate and alternate shall be bound to vote 
for the candidate for whom he designated commitment, if any, when he 
was selected as a delegate or alternate until that or another candidate 
received the party's nomination, two ballots have been taken or that 
candidate withdraws, suspends his campaign, releases his delegates, or 
receives less than fifteen percent of the votes cast on the first 
ballot, whichever first occurs. Each delegate and alternate, within ten 
days after accepting selection as a delegate or alternate, shall file 
with the Secretary of State his sworn pledge that he will abide by the 
provisions of sections 115.750 to 115.785. If the rules of the national 
committee of an established political party prohibit any delegate from 
being bound to cast his or her vote for a candidate, then the 
provisions of the national committee rules shall govern (Vernon's 
Annotated Missouri Statutes Sec. 115.780).

MONTANA
Delegates to National Conventions:
Democratic: 24
Republican: 23

a. manner of selection
Each political party has power to make its own rules, provide for and 
select its own officers, call conventions and provide for the number 
and qualifications of delegates, adopt platforms, provide for selection 
of delegates to national conventions, provide for the nomination of 
presidential electors, provide for the selection of national 
committeemen and  women, make nominations to fill vacancies occurring 
among its candidates nominated for offices to be filled by the State at 
large or by any district consisting of more than one county where such 
vacancies are caused by death, resignation or removal from the 
electoral district, and perform all other functions inherent in such an 
organization (Montana Code Annotated Sec. 13-38-101). Each political 
party shall elect at each primary election one man and one woman who 
shall serve as committeemen for each election precinct (Sec. 13-38-
201)). The committeemen in each precinct shall constitute the county 
central committee of the respective political parties (Sec. 13-38-
202(2)).

b. presidential preference primary
In the years in which a President of the United States is to be 
elected, a presidential preference primary election will be held on the 
first Tuesday after the first Monday in (Sec. Sec.  13-10-107(1), 13-
10-401) June (June 6, 2000). The presidential primary is an open 
primary. The primary results are advisory only (Sec. 13-10-407). The 
regular party primary ballots shall be used for the presidential 
preference primary election. The presidential section of the ballot 
shall be placed before any other section, national, state, or local 
(Sec. 13-10-402). The presidential preference ballot shall list all 
candidates nominated in accordance with the provisions of this part and 
shall, in addition, include a presidential ballot position which shall 
be designated as ``no preference'' and a blank write-in space (Sec. 13-
10-403).
Before a presidential candidate may qualify for placement on the 
ballot, he must either be nominated on petitions with the verified 
signatures of at least 500 qualified electors, for which the Secretary 
of State is empowered to prescribe the form and content, or have 
submitted a declaration for nomination to the Secretary of State 
pursuant to Sec. 13-10-201, where the Secretary of State has 
determined, by the time that declarations for nomination are to be 
filed, that the candidate is eligible to receive payments pursuant to 
the federal Presidential Primary Matching Payment Account Act, 26 
U.S.C. 9031, et seq., or done both (Sec. 13-10-404). Declarations for 
nomination must be filed 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 date of the primary election (Sec. 13-10-201(6)). 
The filing period opens at 8:00 a.m., January 24, 2000 and closes at 
5:00 p.m., March 23, 2000. Petitions of nomination for the presidential 
preference primary election must be presented to the election 
administrator of the county in which the signatures are gathered. The 
election administrator must verify the signatures and must forward the 
petitions to the Secretary of State. The petitions must be submitted to 
the election administrator at least before the filing deadline. No 
filing fee is required (Sec. 13-10-405). The method of selection of 
delegates to national presidential nominating conventions is to be set 
by party rules. The use of the results of the presidential preference 
primary election by the political parties in their delegation selection 
systems is discretionary and is to be determined by party rules 
(Sec. 13-10-407).

c. statutory instructions
None.

NEBRASKA
Delegates to National Conventions:
Democratic: 32
Republican: 30

a. manner of selection
In each presidential election year, the total number of delegates 
representing the State at each convention shall be determined by the 
rules of the national political party holding the convention (Revised 
Statutes of Nebraska, Sec. 32-542).
Nominating papers of candidates for national convention delegate or 
alternate positions must be filed with the Secretary of State at least 
60 days prior to the primary (Sec. Sec. 32-512, 32-514).
The petition for nomination of a candidate for election as a delegate 
shall (1) contain a statement of the candidate's preference for the 
candidacy for the office of President or that he is uncommitted, which 
preference or the fact that the candidate is uncommitted shall be shown 
on the ballot in parenthesis and indented five spaces immediately below 
the name of the candidate, and (2) include a pledge that the candidate, 
if elected, will use his best efforts at the convention for the 
candidate of his party indicated as his preference for the office of 
President until the such candidate receives less than 35 percent of the 
votes for nomination by such convention or releases the delegate from 
such pledge, or until two convention nominating ballots have been 
taken. No such nominating petition shall be accepted unless signed by 
the candidate (Sec. 32-504.01).
A statement setting forth the procedure for selection of delegates and 
alternates and certifying its adoption shall be filed in the office of 
the Secretary of State by the State chairman of the party, not later 
than February 15 of each presidential election year. The names of those 
selected  as alternate delegates shall be certified to the Secretary of 
State by the State chairman immediately following their selection 
(Sec. 32-542.02).
Ballots for delegates to national political conventions shall be 
printed in separate ballots of different color than ballots for the 
primary election and in form as determined by the Secretary of State 
(Sec. 32-420.02).

b. presidential preference primary
In each presidential election year, the primary shall be held on the 
first Tuesday after the second Monday in May, at which time a 
preference vote for President shall be had (May 9, 2000) (Sec. 32-506).
A party voter may express his choice for one candidate for nomination 
for President either:
(a) by writing the name of the person of his choice for President in 
the blank space to be left upon the ballot for such purpose and making 
a cross or mark in the square opposite the written name; or
(b) by making a cross or mark opposite the printed name, of the person 
of his choice, as in the case of the other nominations (Sec. 32-509).
The names of persons to be voted upon for President shall be printed on 
the primary ballot on the petition of their political supporters in 
Nebraska, such petition to contain the names of not less than 100 
electors of each congressional district. The candidates themselves 
shall not sign the petition or acceptance (Sec. 32-510).
However, the candidate in order to have his name placed upon the 
primary ballot must file written consent with the Secretary of State 
not less than 60 days before the primary election (Sec. 32-510).
In addition, the names of persons in the political party who shall have 
been determined by the Secretary of State, in his sole discretion, to 
be generally advocated or recognized as candidates in national news 
media throughout the United States shall be printed on the party 
primary ballot (Sec. 32-511).
If a person does not want his name on the Nebraska primary ballot, he 
must execute and file an affidavit with the Secretary of State stating 
without qualification that he is not now and does not intend to become 
a candidate for office of President at the forthcoming presidential 
election (Sec. 32-511).
The ballots in the presidential preference primary shall be marked, the 
votes shall be counted, canvassed, and returned, and the sufficiency of 
the petitions shall be determined by the laws of Nebraska governing 
party nominations for the office of Governor as far as the same are 
applicable (Sec. 32-511).

c. statutory instructions
A candidate for delegate to the national convention in the petition for 
nomination pledges that, if elected, he will use his best efforts at 
the convention of his party for the candidate of his party indicated as 
his preference for the office of President until such candidate 
receives less than 35 percent of the votes for nomination by such 
convention or releases the delegate for such pledge, or until two 
convention nominating ballots have been taken (Sec. 32-504.01).

NEVADA
Delegates to National Conventions:
Democratic: 30
Republican: 17

a. manner of selection
Delegates and alternates to national conventions of the political 
parties are selected by the State conventions of the respective 
political parties. The State convention shall also, if consistent with 
the rules and regulations of the party, select the national 
committeeman and committeewoman of the party. In presidential election 
years, on the call of a national party convention, but one set of party 
conventions and but one state convention shall be held on such 
respective dates and places as the State central committee of the party 
shall designate; or if an earlier date is not designated, then 30 days 
prior to the date set for the national convention (Nevada Revised 
Statutes, Sec. 293.163).
At a time and date set by the respective State central committees in 
each year in which a general election is to be held, the delegates so 
elected to each party county convention shall convene as the county 
central committee shall designate, and there organize, elect the 
delegates to which the registered voters of the party residing in the 
county are entitled in the state convention of the party, and also 
elect the members of the county central committee of their party for 
the ensuing term (Sec. 293.140).
The number of delegates to the State convention of each party which 
shall be chosen at each county convention of such party shall be one 
delegate for each 150 registered voters of that party, or major 
fraction of such number residing  in such county; but each county shall 
be entitled to at least one such delegate (Sec. 293.145).
Delegates to county conventions are elected by ballot at mass meetings 
in each voting precinct. The county central committees of the political 
parties call for mass precinct meetings to be held on or before the 
fifth day preceding the dates set by the respective State central 
committees for the holding of county conventions (Sec. Sec. 293.130, 
293.133, 293.135, 293.140, 293.163).

b. presidential preference primary
None.

c. statutory instructions
None.

NEW HAMPSHIRE
Delegates to National Conventions:
Democratic: 29
Republican: 17

a. manner of selection
At every presidential primary election, the voters of the State shall 
vote their preference for party candidates for President and, thereby 
choose the delegates to each presidential nominating convention to 
which the State is entitled (New Hampshire Revised Statutes Annotated, 
Sec. 653:5) (Primary date, February 1, 2000).
Each presidential candidate who has filed pursuant to Revised Statutes 
Annotated, Sec. 655:47 shall file with the Secretary of State between 
the first Monday in December and the first Monday after the first 
Wednesday in January before the presidential preference primary the 
names, addresses in alphabetical order of the delegates and their 
alternates who shall represent him as his delegation to the national 
convention (Sec. 655:50). Declarations of candidacy by presidential 
candidates are to be filed with the Secretary of State between the 
first Monday and the third Friday in the November before the 
presidential primary (Sec. 655:47).
All delegates and their alternates selected by each candidate in the 
presidential primary shall file with the Secretary of State the 
following certification:
I, ----------, certify that my domicile is in ward ------ in the city 
(or town) of --------, county of --------, State of New Hampshire, and 
am a qualified voter therein; that I am a registered member of the ----
---- Party; that, if selected, I shall serve as delegate or alternate 
to the national convention of the ---------- Party next to be held for 
the nomination of candidates of said party for President and Vice 
President of the United States. I further certify that, if selected as 
delegate or alternate delegate, I will attend such convention unless I 
shall be prevented by sickness or other occurrence over which I have no 
control. I pledge myself, if selected as delegate or alternate delegate 
to said convention, whenever I shall vote, to vote for the nomination 
of (inserting the name of any person) as the candidate for said party 
for President so long as he shall be a candidate before said convention

(Sec. 655:51).

b. presidential preference primary
The presidential primary election shall be held on the second Tuesday 
in March or on a Tuesday selected by the Secretary of State which is 7 
days or more immediately preceding the date on which any other State 
shall hold a similar election, whichever is earlier, of each year when 
a President of the United States is to be elected. The primary shall be 
held in connection with the regular March town meeting or election or, 
if held on any other day, at a special election called by the Secretary 
of State for that purpose (Sec. 653:9). The date set for the 
presidential primary in 1992 is February 1, 2000. The presidential 
primary is an open primary in which independent voters may participate 
if party rules permit (Sec. 659:14).
A declaration of candidacy must be filed by presidential candidates 
desiring to enter the primary with the Secretary of  State between the 
first Monday and the third Friday in the November preceding the 
presidential primary (Sec. 655:47). A filing fee of $1,000 is also 
required, but may be waived upon proof of indigence and the filing of 
10 primary petitions from each county signed by registered party voters 
and of the candidate's written assent to candidacy: (Sec. 655:48).

c. statutory instructions
All delegates and their alternates selected by each candidate in the 
presidential primary must certify and pledge that they will vote for 
the nomination of such candidate for said party for President so long 
as he shall be a candidate before the national convention 
(Sec. 655:51).

NEW JERSEY
Delegates to National Conventions:
Democratic: 124
Republican: 54

a. manner of selection
Delegates and alternates to the national convention of the political 
parties are elected at the primary election to be held on the Tuesday 
next after the first Monday in June (June 6, 2000) (New Jersey Statutes 
Annotated, Sec. 19:2-1).
The chairman of the State committee of each political party shall 
notify the Secretary of State on or before March 1 of the number of 
delegates at-large and the number of alternate delegates at-large to be 
elected to the next national convention of such party by the voters of 
the party throughout the State and also of the number of delegates and 
alternates to be chosen in the respective congressional districts or 
other territorial subdivisions of the State as mentioned in such 
notification (Sec. 19:24-1).
Candidates for election as delegates or alternates to the national 
conventions of political parties shall be nominated by petition in the 
manner provided for the nomination of candidates to be voted for at the 
primary election for the general election (Sec. 19:24-3). Not less than 
100 members of each political party may file with the Secretary of 
State at least 54 days prior to the primary election for the general 
election in any year of a national convention a petition requesting 
that the name of a person therein endorsed shall be printed on the 
primary ticket of such political party as candidate for the position of 
delegate-at-large or alternate-at-large to be chosen by the party 
voters throughout the State to the national convention of that party or 
as a delegate or alternate to be chosen to that convention by the 
voters of any congressional district (Sec. 19:24-4).
Candidates for the position of delegate or alternate may be grouped 
together, if they so request in their petitions, and may also have the 
name of the candidate for President whom they favor placed opposite 
their individual names or opposite such groups, if they so request in 
their petitions and if the written consent of such candidate for 
President is endorsed upon their petitions, under the caption ``Choice 
for President'' (Sec. 19:24-5). A vote for the group shall be tallied 
as a separate vote for each of the candidates for delegate and 
alternate listed in the group (Sec. 19:24-6).
Notwithstanding any provision of the title, national and State party 
rules shall govern the selection of delegates and alternates to 
national party conventions, provided the State chairman of the 
political party notifies the Secretary of State prior to March 1 of the 
year in which delegates and alternates are elected of the applicable 
party rules governing the delegate selection process. The Secretary of 
State shall notify the county clerks prior to April 1 of the year in 
which delegates and alternates are elected of the applicable party 
rules, if any, which apply to matters within their jurisdiction. 
Pursuant to this section, the Secretary of State shall issue to the 
county clerks uniform regulations governing the delegate selection 
process (Sec. 19:24-2).

b. presidential preference primary
A presidential preference primary will be held on June 6, 2000, in 
which there will be a direct election of delegates. There is also an 
open, non-binding, advisory presidential primary for the presidential 
candidates. Not less than 100 voters of any political party may file a 
petition with the Secretary of State on or before the 54th day before a 
primary election in any year of a national convention requesting that 
the name of the person endorsed therein as a candidate of such party 
for the office of President of the United States shall be printed upon 
the official primary ballot of that party for the then ensuing election 
for delegates and alternates to the national convention of such party. 
(Sec. Sec. 19:2-1, 19:24-4)
Not less than one thousand voters of any political party may file a 
petition with the Secretary of State on or before the 54th day before a 
primary election in any year in which a President of the United States 
is to be chosen, requesting that the name of the person indorsed 
therein as a candidate  of such party for the office of President of 
the United States shall be printed upon the official primary ballot of 
that party for the then ensuing election for delegates and alternatives 
to the national convention of such party (Sec. 19:25-3). The petition 
shall be prepared and filed in the form and manner herein required for 
the endorsement of presidential candidates to be voted for at the 
primary election for the general election, except that the candidate 
shall not be permitted to have a designation or slogan following his 
name, and that it shall not be necessary to have the consent of such 
candidate for President endorsed on the petition (Sec. 19:25-3).
The Secretary of State shall certify the names so endorsed to the 
county clerk of each county on or before the 48th day before such 
primary election (Sec. 19:25-4).
The positions of the groups of delegates on the primary ballot are 
determined by the various county clerks at a public drawing by lot 
(Sec. 19:23-24). No designation or slogan shall be printed on any 
ballot to be used at the primary in connection with any candidate or 
group of candidates for office, which designation or slogan includes or 
refers to the name of any other person unless the written consent of 
such other person has been filed with the petition of nomination of 
such candidate or group of candidates (Sec. 19:23-25.1). The signers to 
petitions nominating delegates or naming a choice for President may 
designate a committee of three persons named in the petition to fill a 
vacancy caused by the death, resignation or otherwise of the candidate 
endorsed (Sec. 19:23-12).

c. statutory instructions
None.

NEW MEXICO
Delegates to National Conventions:
Democratic: 35
Republican: 21

a. manner of selection
Upon the completion of the State canvass of the results of the 
presidential primary, the Secretary of State shall certify to the State 
chairman of each political party participating in the primary and to 
the credentials committee of the national convention of each such 
political party, the names of all candidates and uncommitted category 
and the total vote and the percentage of the total vote of such 
candidates or uncommitted category received. Each political party shall 
select as many delegates and alternates to the national party 
convention as are allotted to it by the national committee of that 
party (New Mexico Statutes Ann., Sec. 1-8-60).

b. presidential preference primary
In the year in which the President and Vice President of the United 
States are to be elected, the registered voters of the State shall be 
given an opportunity to express their preference for the person to be 
the presidential candidate of their party. The presidential primary 
election shall be held on the first Tuesday in June, the same date as 
the primary election is held in the State (June 6, 2000) (Sec. 1-8-11, 
Sec. 1-8-54). The presidential primary is a closed primary (Sec. 1-12-
7). There shall be convened in Santa Fe a committee consisting of the 
Chief Justice of the Supreme Court, as chairman, the Speaker of the 
House of Representatives and the Minority Floor Leader of the House of 
Representatives, the President pro tempore of the Senate and the 
Minority Floor Leader of the Senate and the state chairmen of those 
major political parties participating in the presidential primary. This 
committee shall nominate as presidential primary candidates and certify 
to the Secretary of State not later than February 15 before the 
presidential primary election the names of all those generally 
advocated and nationally recognized or supported by any major political 
party in the state as candidates of the major political parties 
participating in the presidential primaries for the office of President 
(Sec. 1-8-56).
No later than 5:00 p.m. on the thirtieth day following the nominations 
by committee, any person seeking the endorsement by the national 
political party for the office of President or any group organized in 
the State on behalf of and with the consent of such person may submit 
to the Secretary of State a petition on a form prescribed and furnished 
by the Secretary of State to have such candidate's name printed on the 
presidential primary ballot. The petition shall be signed by a number 
of registered voters in each of the congressional districts equal to 
not less than two percent of the total number of votes for President 
cast in each district at the last preceding presidential election 
(Sec. 1-8-57).
The secretary of state shall contact each person who has been nominated 
by the committee or by petition and notify him in writing by certified 
mail, with return receipt requested, that his name will be printed as a 
candidate on the New Mexico presidential primary ballot unless he 
requests in  writing otherwise at least fifty days prior to the 
election (Sec. 1-8-58).

c. statutory instructions
The vote of the delegates or their alternates to the national 
convention from each such political party from New Mexico shall be cast 
on the first presidential nomination ballot of the national convention 
by the chairman of the delegation. The manner of casting the vote of 
each party delegation shall be as follows:
(1) each candidate and the uncommitted category shall be entitled to a 
share of the total vote allotted to the delegation that is equal to the 
proportion that the vote he received in the presidential primary bears 
to the total combined vote received by all qualified candidates; 
provided that no candidate shall be excluded who has received at least 
fifteen percent of the total vote cast for candidates for President of 
that party, and no candidate shall be excluded in violation of any 
political party rule; and
(2) the method used to compute the total votes allowed to a candidate 
or the uncommitted category shall be determined by the party rules on 
file in the office of the Secretary of State.
The provisions of this section with regard to the manner of voting by 
the New Mexico delegations at the national party conventions apply only 
to the first nominating ballot cast at such conventions. Such 
delegations may be released prior to the first ballot from voting in 
the manner provided by this section upon death of the candidate or upon 
his written unconditional release of such votes allotted to him. Any 
votes so released shall be cast in the manner of votes allotted to the 
uncommitted category (Sec. 1-8-60).
No person selected as a delegate or alternate shall qualify to attend 
the national convention of his political party unless he files with the 
State chairman of his political party at least fifteen days prior to 
the convening of the applicable national party convention a written 
declaration of acceptance, signed by himself, in the form herein 
prescribed and the State chairman deposits this declaration of 
acceptance in the office of the Secretary of State no later than ten 
days before convening of the applicable national convention.
The declaration of acceptance shall be in the form of an affidavit and 
shall contain the following information:
(1) the name, residence, and post office address of the delegate or 
alternate delegate;
(2) a statement that he is a registered voter in New Mexico affiliated 
with the political party for which he is a delegate or alternate, and 
that he was a registered voter and affiliated with such party forty-two 
days prior to the presidential primary election held in the year in 
which he is a delegate to the national convention;
(3) a statement that he accepts his election as a delegate or alternate 
to the national convention; and
(4) if delegates are pledged to specific candidates for the office of 
President, a pledge in the following form:
``As a delegate to the 19-- national convention of ---------- party, I 
pledge myself to vote on the first ballot for the nomination of 
President by the -------- party as required by Section 1-8-60 NMSA 
1978.''
Any delegate representing the uncommitted category may vote for any 
candidate at the national convention or remain uncommitted (Sec. 1-8-
61).

NEW YORK
Delegates to National Conventions:
Democratic: 294
Republican: 101

a. manner of selection
Notwithstanding any inconsistent provisions of the election law, a rule 
or resolution of a state committee providing for the selection of 
delegates and alternate delegates to a national party convention in the 
year 2000 shall select a plan under either section 2-2(a) or section 3 
of chapter 137 of the Laws of 1999 in order to conform to the rules of 
a national committee. A certified copy of such rule or resolution shall 
be filed with the state board of elections no later than the first day 
of November, 1999. Under a section 2-2(a) plan, delegates and alternate 
delegates to a national party convention shall be elected from 
congressional districts, or partly from the state at-large and partly 
from such districts, as the rules of the state committee may provide. 
Delegates and alternate delegates from the state at-large shall be 
elected by the state committee of a party. The chairman or secretary of 
the state committee shall, not later than the third Tuesday in June, 
file with the state board of elections a certificate setting forth the 
names and addresses of those persons so elected. District delegates and 
alternate district delegates to a national convention at which a person 
is to be nominated for the office of President of the United States 
shall be elected at the spring primary held in the year of any such 
convention. All such candidates for election as delegate and alternate 
delegate to a national party convention of any party shall be enrolled 
members of such party and all such candidates for election as district 
delegates and alternate district delegates must reside in the 
congressional district in which they are candidates. Under a section 3 
plan, the rules of the state committee of a party may provide that the 
delegates and alternate delegates to a national convention or national 
party conference be elected by a combination of all of the following 
methods: (a) by votes cast at a primary election for candidates for the 
office of President of the United States in which the names of 
candidates for such office appear on the ballot; (b) by votes cast at a 
primary election for candidates for the positions of delegate and 
alternate delegate to a national convention in districts no larger than 
congressional districts; and (c) by the state committee or a committee 
of the state committee at a meeting or convention called for such 
purpose as the rules of the party may provide (McKinney's Consolidated 
Laws of New York Annotated: Election Law Sec. 2-122, note, and ch. 137 
of the Laws of 1999).
Notwithstanding other inconsistent State election laws, for the year 
2000 elections selecting delegates to national conventions, designating 
petitions for a candidate for district delegate or alternate district 
delegate shall be signed by at least 1,000 registered voters of the 
party residing in the district, or by at least 0.5% of such voters in 
such district, whichever is less. Each candidate for President shall 
file a petition signed by at least 5,000 of the registered voters of 
the party in the State; however, such candidate shall not appear on the 
ballot. A designating petition for a delegate or alternate which sets 
forth the name of the presidential candidate supported by the delegate 
candidate shall be invalid if the presidential candidate to whom the 
delegate candidate is pledged either fails to file a valid petition or 
files a timely declination to such petition (Sec. Sec. 2-122-A, 6-137).
Petitions and certificates shall be filed in the office of the Board of 
Elections of the county, except as follows: for an office or position 
to be voted for wholly within the city of New York, in the office of 
the Board of Elections of that city; for an office or position to be 
voted for in a district greater than one county, or portions of two or 
more counties, in the office of the State Board of Elections (Sec. 6-
144).
A designating petition may designate candidates for nomination for one 
or more public offices or for nomination for election to one or more 
party positions, or both, but designations or nominations for which the 
petitions are required to be filed in different offices may not be 
combined in the same petition (Sec. 6-134(1)).

b. presidential preference primary
A presidential preference primary will be held on March 7, 2000 
(Sec. 8-100). The New York presidential primary is a closed primary 
(Sec. 8-302(4)). Delegates and alternates to a national convention of a 
party shall be elected from congressional districts, or partly from the 
State at large and partly from congressional districts, as the rules of 
the State committee may provide. Such delegates and alternates from the 
State at large shall be elected by the state committee or by a State 
convention of the party, as the rules of the State committee shall 
prescribe. If the rules of a national party provide for equal 
representation of the sexes among delegates elected from districts, 
such district delegates shall be elected separately by sex. District 
delegates and alternates to national party conventions and delegates, 
and alternates, if any, to such a state convention shall be elected at 
a primary. All delegates and alternates to a national party convention 
shall be enrolled members of such party. When any such rule provides 
for equal representation of the sexes, the designating petitions and 
primary ballots shall list candidates for such party positions 
separately by sex (Sec. 2-122).

c. statutory instructions
None.

NORTH CAROLINA
Delegates to National Conventions:
Democratic: 103
Republican: 62

a. manner of selection
On the Tuesday after the first Monday in May (May 2, 2000) the voters 
of this State shall be given an opportunity to express their preference 
for the person to be the presidential candidate of their political 
party.
Any person otherwise qualified who will become qualified by age to vote 
in the general election held in the same year of the presidential 
preference primary shall be entitled to register and vote in the 
presidential preference primary. Such persons may register not earlier 
than 60 days nor later than the 25th day prior to the said primary 
(General Statutes of North Carolina, Sec. 163-213.2).
The presidential preference primary actually determines the allocation 
of delegates to the presidential candidates. Both the Democratic and 
Republican Parties actually elect delegates in a separate caucus 
process.

b. presidential preference primary
On May 2, 2000, North Carolina will hold a closed presidential 
preference primary which will be restricted to registered voters of the 
parties (Sec. Sec. 163-119, 163-213.2, 163-213.7). The State Board of 
Elections shall convene in Raleigh on the first Tuesday in February 
preceding the presidential preference primary election. At the meeting 
required by this section, the State Board of Elections shall nominate 
as presidential primary candidates all candidates affiliated with a 
political party, recognized pursuant to the provisions of Article 9 of 
Chapter 163 of the General Statutes, who have become eligible to 
receive payments from the Presidential Primary Matching Payment 
Account, as provided in section 9033 of the U.S. Internal Revenue Code 
of 1954, as amended. Immediately upon completion of these requirements, 
the Board shall release to the news media all such nominees selected; 
provided, however, nothing shall prohibit the partial selection of 
nominees prior to the meeting required by this section, if all 
provisions herein have been complied with (Sec. 163-213.4).
Any person seeking the endorsement by the national political party for 
the office of President of the United States or any group organized in 
this State on behalf of and with the consent of such person may file 
with the State Board of Elections petitions signed by 10,000 persons 
who at the time they signed are registered and qualified voters in this 
State and are affiliated, by such registration, with the same political 
party as the candidate for whom the petitions are filed. Such petitions 
must be certified by the chairman of the county board of elections 
where the signatures were obtained and then shall be filed with the 
State Board of Elections by 5 p.m. on the date that the State Board of 
Elections is required to meet (Sec. 163-213.5).

c. statutory instructions
Upon completion and certification of the primary results by the State 
Board of Elections, the Secretary of State shall certify the results to 
the State chairman of each political party.
Each political party shall allocate delegate positions in a manner 
which reflects the division of votes of the party primary consistent 
with the national party rules of that political party (Sec. 163-213.8).

NORTH DAKOTA
Delegates to National Conventions:
Democratic: 22
Republican: 19

a. manner of selection
State party conventions are to be held in each presidential election 
year at a place and time designated by the State party committees 
(North Dakota Century Code Ann., Sec. 16.1-03-14). The State party 
convention is required to elect the requisite number of delegates and 
alternates to the national party convention (Sec. 16.1-03-14).
The candidate or candidates for endorsement or election shall be 
declared endorsed or elected pursuant to the rules of the party 
involved, and the chairman and secretary of the convention shall issue 
certificates of endorsement or election. If any delegate to the 
national convention is unable to attend that convention, he shall 
designate, in writing, one of the alternates to attend and represent 
and act for him. The names of the candidates nominated for presidential 
electors shall be certified by the chairman and secretary of the 
convention to the Secretary of State to be placed upon the general 
election ballot as provided by law (Sec. 16.1-03-14).

b. presidential preference primary
There are statutory provisions for a statewide presidential preference 
primary to be conducted concurrently with the statewide primary on the 
second Tuesday in June of every general election year (June 9, 1992) 
(Sec. 16.1-11-01). Presidential candidates, representing parties 
qualified to conduct a presidential preference primary, desiring to be 
on the presidential preference primary ballot shall file an affidavit, 
and either a certificate of endorsement signed by the chairman of the 
party's State committee, or a petition in the same form and with the 
same number of signatures as a candidate for State office. The 
certificate and affidavit, or petition and affidavit, must be filed 
with the Secretary of the State within the same time limits as State 
office candidates, and for the purposes of the presidential preference 
primary only, political parties may file certificates for more than one 
presidential candidate. The Secretary of State shall certify the names 
to the county auditors for ballot preparation (Sec. 16.1-11-07).

c. statutory instructions
The presidential preference primary shall be in addition to all other 
elections held on the date of the primary. Unless specifically 
forbidden by national party rules, the delegates selected by political 
parties shall be bound to cast their first ballots at the party 
national convention in such a manner that each candidate at the party's 
presidential preference primary receives a proportion of the total 
votes cast by the delegates equal to the proportion received by that 
candidate of the total votes cast for all candidates for President of 
that party at the primary. In computing the number of delegates a 
candidate may be entitled to on the first ballot, if party rules do not 
allow apportionment of a delegate and such an apportionment appears 
necessary because no candidate received more than five-tenths of a 
delegate, then that delegate must be assigned to the candidate 
receiving the highest number of votes in the primary election. If a 
candidate withdraws before the first ballot voting begins, delegates 
obligated to vote for that candidate on the first ballot would be 
released from that obligation (Sec. 16.1-11-04).

OHIO
Delegates to National Conventions:
Democratic: 170
Republican: 69

a. manner of selection
Delegates and alternates to a national party convention are elected at 
primaries held on the third Tuesday in March (Ohio Rev. Code, 
Sec. Sec. 3513.12). Candidates for delegate and alternate shall be 
qualified and the election shall be conducted in the manner prescribed 
in this chapter for the nomination of candidates for State and district 
offices, except as provided in Sec. 3513.151 of the Revised Code and 
except that whenever any group of candidates for delegate at large or 
alternate at large, or any group of candidates for delegates or 
alternates from districts, file with the Secretary of State statements 
as provided by this section, designating the same persons as their 
first and second choices for President of the United States, such a 
group of candidates may submit a group petition containing a 
declaration of candidacy for each of such candidates. The group 
petition need be signed only by the number of electors required for the 
petition of a single candidate. No group petition shall be submitted 
except by a group of candidates equal in number to the whole number of 
delegates at large or alternates at large to be elected or equal in 
number to the whole number of delegates or alternates from a district 
to be elected (Sec. 3513.12).
Political parties shall be eligible to elect delegates and alternates 
to national conventions or conferences of their respective political 
parties, other than conventions provided for in Sec. 3513.12 of the 
Revised Code, if they notify the Secretary of State that they will 
elect such delegates. Such notification must be made prior to the 
ninetieth day before the day of the primary election which occurs in 
any year at which national convention or conference delegates and 
alternates are elected. Petitions of candidacy for such delegates shall 
be filed in the form and manner provided by the Secretary of State. Any 
political party electing delegates to a national convention or 
conference under this section in an odd-numbered year in which a 
statewide primary election is not otherwise required shall pay all 
expenses of that election (Sec. 3513.122).

b. presidential preference primary
The primary is held on the third Tuesday in March in years in which a 
President is to be elected (Sec. 3513.01). The presidential primary is 
an open primary. Candidates for delegate and alternate shall be 
qualified and the election shall be conducted in the manner prescribed 
in this chapter for the nomination of candidates for state and district 
offices, except as provided in section 3513.151 [3513.15.1] of the 
Revised Code and except that whenever any group of candidates for 
delegate at large or alternate at large, or any group of candidates for 
delegates or alternates from districts, file with the secretary of 
state statements as provided by this section, designating the same 
persons as their first and second choices for President of the United 
States, such a group of candidates may submit a group petition 
containing a declaration of candidacy for each of such candidates. The 
group petition need be signed only by the number of electors required 
for the petition of a single candidate (Sec. 3513.12).

c. statutory instructions
Each person seeking to be elected as delegate or alternate to the 
national convention of his political party shall file with his 
declaration of candidacy and certificate a statement in writing signed 
by him in which he shall state his first and second choices for 
nomination as the candidate of his party for the presidency of the 
United States. The Secretary of State shall not permit any declaration 
of candidacy and certificate of a candidate for election as such 
delegate or alternate to be filed unless accompanied by such statement 
in writing. The name of a candidate for the presidency shall not be so 
used without his written consent.
A person who is a first choice for President of candidates seeking 
election as delegates and alternates shall file with the Secretary of 
State, prior to the day of the election, a list indicating the order in 
which certificates of election are to be issued to delegate or 
alternate candidates to whose candidacy he had consented, if fewer than 
all of such candidates are entitled under party rules to be certified 
as elected. Each candidate for election as such delegate or alternate 
may also file along with his declaration of candidacy and certificate a 
statement (Sec. 3513.12).

OKLAHOMA
Delegates to National Conventions:
Democratic: 52
Republican: 38

a. manner of selection
The delegates are to be chosen after the presidential preference 
primary on March 14, 2000 and are to be proportionately allotted to 
presidential candidates based on the presidential primary vote 
(Oklahoma Statutes Annotated, Sec. 20-104).

b. presidential preference primary
A presidential preferential primary for recognized political parties 
shall be held on the second Tuesday in March 2000 (March 14, 2000), and 
on the same weekday in each of the years thereafter in which the 
President and Vice President of the United States are to be elected 
(Sec. 20-101). The presidential primary is a closed primary. Candidates 
for the nomination for President of the United States shall file with 
the Secretary of the State Election Board. Said candidates shall be 
members of political parties recognized under the laws of the State of 
Oklahoma and shall have filed a statement of candidacy with the Federal 
Election Commission and shall have raised and expended not less than 
five thousand dollars ($5,000.00) for said office. The candidates shall 
be required to swear an oath or affirm that they meet the 
aforementioned qualifications, and their signatures shall be witnessed 
by a notary public. Said filing beginning at 8:00 a.m. on the second 
Monday in January and ending at 5:00 p.m. on the next succeeding 
Wednesday, or at a time prescribed by the State Election Board for a 
presidential preferential primary to be held on a date other than the 
second Tuesday in March. A statement of candidacy must be accompanied 
by a petition supporting a candidate's filing signed by one percent 
(1%) of the registered voters in each congressional district eligible 
to vote for a candidate or one thousand (1,000) registered voters in 
each congressional district eligible to vote for a candidate, whichever 
is less, as reflected by the latest January 15 registration  report; or 
by a cashier's check or certified check in the amount of two thousand 
five hundred dollars ($2,500.00). Said check shall be forfeited unless 
a candidate receives more than fifteen percent (15 percent) of the 
votes cast. The State Election Board shall cause the names of all 
candidates who have filed within the proper time to be printed on the 
official ballots. The ballots shall be prepared as provided for by law. 
Voters shall be restricted to one vote for the candidate of his choice 
of the political party in which the voter is registered (Sec. 20-102).
Upon the completion of the State canvass of the results of the 
presidential preferential primary, the Secretary of the State Election 
Board shall certify to the State chairman of each political party which 
has candidates participating in the primary:
1. the names of the party's candidates and the votes each received, by 
congressional district as well as statewide; and
2. the total of the votes cast in the political party, by congressional 
district as well as statewide. Each candidate shall be awarded 
delegates by congressional districts proportionately, by the ratio of 
votes they received to the total vote cast in said congressional 
district; provided however, no delegates shall be awarded to any 
candidate receiving less than fifteen percent (15 percent) of the vote, 
and such votes shall be allocated among the other candidates in 
proportion to their total vote. If no candidate receives fifteen 
percent (15 percent) or more of the vote, then the candidate receiving 
the highest number of votes in that district shall be awarded all the 
delegates from that district. The candidate receiving the largest 
number of votes statewide shall be awarded all delegate votes 
authorized by the national committee of the political party which are 
selected as the at-large delegates at the State convention of said 
party. If the political parties involved in the primary elections will 
not accept the minimum threshold, or have a different method of 
allocating the votes of all candidates falling below such threshold, 
either as to the congressional districts or statewide vote, then these 
matters may be governed by the respective political parties involved. 
Votes shall be allocated on a basis of not less than one-half (\1/2\) 
delegate vote or the minimum allowed by the national party rules. Each 
political party shall then select, by a method to be determined by the 
party, as many delegates to the national party convention as are 
allotted it by the national committee of that party. No later than 5:00 
p.m. on the tenth day of January, the Attorney General shall submit to 
the Secretary of the State Election Board notice of the manner in which 
results of the next following presidential preferential primary are to 
be certified and to whom said results are to be certified. The State 
Election Board shall certify results according to the manner prescribed 
in the notice. The Attorney General shall be required to provide said 
notice in such a way as to be consistent with the methods required by 
the recognized political parties relative to selection of delegates to 
their national conventions. (Sec. 20-104).

c. statutory instructions
Each delegate or alternate delegate to the national convention of his 
political party shall cast their vote on all ballots for the candidate 
who received this State's vote. If that candidate is for any reason no 
longer a candidate, the votes of the Oklahoma delegation shall be cast 
for any candidate of their choice (Sec. 20-104(G)). No person selected 
as a delegate or alternate delegate shall qualify to attend the 
national convention of his political party unless he files with the 
State central committee of his party a signed affidavit of acceptance 
stating his name, address, that he is a registered voter of the 
political party and, pursuant to effectuating the purpose and the 
result of the presidential preferential primary in this State, that he 
pledges himself to vote for the winning candidate. Any vote cast by a 
delegate which is not in accordance with his delegate pledge shall be 
void (Sec. 20-105).

OREGON
Delegates to National Conventions:
Democratic: 58
Republican: 24

a. manner of selection
After a presidential preference primary election, each major political 
party by convention shall select delegates to the national convention 
of that party (Oregon Revised Statutes, Sec. 248.315(1), Supp.). 
Delegates to the national convention of a party shall be selected in 
the manner provided by party rules, which shall provide all electors 
registered as members of the party equal opportunity to participate in 
the selection of delegates (Sec. 248.315(2), Supp.)
Delegates to the national convention of the party shall be selected so 
that the number of delegates who favor a certain candidate shall 
represent the proportion of votes received by the candidate in relation 
to the other candidates of that party at the presidential preference 
primary election. Each person selected as a delegate shall sign a 
pledge that the person will continue to support at the national 
convention the candidate for President of the United States the person 
is selected as favoring until:
(a) the candidate is nominated at the convention;
(b) the candidate receives less than 35 percent of the votes for 
nomination at the convention;
(c) the candidate releases the delegate from the pledge; or
(d) two convention nominating ballots have been taken (Sec. 248.315(3), 
Supp.).

b. presidential preference primary
A presidential preference primary is scheduled for March 14, 2000 
(Sec. 254.056(3), Supp.). The name of a candidate for a major political 
party nomination for President of the United States shall be printed on 
the ballot or ballot label only: By direction of the Secretary of State 
who in the secretary's sole discretion has determined that the 
candidate's candidacy is generally advocated or is recognized in 
national news media; or by nominating petition described in this 
section and filed with the Secretary of State.
A petition nominating a candidate under this section shall contain from 
each congressional district the signatures of at least 1,000 electors 
who are registered in the district and who are members of the major 
political party of the candidate. The electors in each congressional 
district shall include electors registered in at least one-tenth of the 
precincts in each of at least one-fourth of the counties in the 
congressional district. The petition shall contain the printed name, 
residence address and name or number of the precinct, if known, of each 
elector whose signature appears on the petition. The signatures shall 
be certified for genuineness by the county clerks under ORS 249.008. 
Before circulating the petition, the chief sponsor 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 Secretary of State 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 (Sec. 249.078, Supp.).

c. statutory instructions
Delegates to the national convention of the party shall be selected so 
that the number of delegates who favor a certain candidate shall 
represent the proportion of votes received by the candidate in relation 
to the other candidates of that party at the presidential preference 
primary election. Each person selected as a delegate shall sign a 
pledge that the person will continue to support at the national 
convention the candidate for President of the United States the person 
is selected as favoring until:
(a) The candidate is nominated at the convention;
(b) The candidate receives less than 35 percent of the votes for 
nomination at the convention;
(c) The candidate releases the delegate from the pledge; or
(d) Two convention nominating ballots have been taken (Sec. 248.315, 
Supp.).

PENNSYLVANIA
Delegates to National Conventions:
Democratic: 191
Republican: 80

a. manner of selection
A primary for the expression of presidential preferences is to be held 
on the fourth Tuesday in April of the presidential election years, 
i.e., April 25, 2000 (Pennsylvania Statutes, Annotated, title 25, 
Sec. 2753). Delegates and alternates to national conventions shall be 
apportioned, selected or elected in accordance with party rules which 
must be certified by the party secretary and filed with the Secretary 
of the Commonwealth at least thirty days prior to the first day on 
which nomination petitions may be circulated (Sec. 2838.1). Where 
delegates are elected through the primary, candidates must file 
nomination petitions signed by registered and enrolled party members 
and the presidential candidate the delegate seeks to represent 
(Sec. 2867). The presidential candidate must notify the Secretary of 
the Commonwealth that he authorizes the delegates and alternate 
delegates to pledge their support to him. Such notice must be on a form 
prescribed by the Secretary and must be received by the Secretary at 
least fifteen days prior to the first day on which the nomination 
petitions may be circulated (Sec. 2839.1) Petitions may not be 
circulated prior to the thirteenth Tuesday before the primary 
(Sec. 2868) and must be filed with the Secretary of the Commonwealth on 
or before 5:00 p.m. on the tenth Tuesday before the primary 
(Sec. 2873). Candidates must also file with their petitions affidavits 
showing residence, election district, that he or she is a registered 
party member, to whom he  or she is committed, if committed or 
``uncommitted'' and certain other information (Sec. 2870, Supp.). The 
petition may also include a statement of delegate commitment to a 
presidential candidate (Sec. 2871).

b. presidential preference primary
A primary for the expression of presidential preferences and the 
election of delegates and alternates to the national convention, if so 
provided in party rules, will be held on the fourth Tuesday of April 
(April 25, 2000) in presidential election years (Sec. Sec. 2862, 2753). 
The presidential primary is a closed primary.
The names of candidates for nomination as President of the United 
States, and the names of all other candidates for party nominations, 
and for election as delegates, alternate delegates, members of the 
committees and other party officers, shall be printed upon the official 
primary ballot labels of a designated party, upon the filing of 
separate nomination petitions in their behalf, in form prescribed by 
the Secretary of the Commonwealth, signed by duly registered and 
enrolled members of such party who are qualified electors of the State, 
or of the political district, as the case may be, within which the 
nomination is to be made or election is to be held. Nomination 
petitions of delegates and alternate delegates to National conventions 
committed to support a particular presidential candidate must be signed 
by the particular presidential candidate to whom support is pledged 
before it can be certified by the Secretary of the Commonwealth. The 
name of no candidate shall be placed upon the official ballots or 
ballot labels of a political party to be used at any primary, unless 
such petition shall have been filed in his behalf. In no event shall 
any person's name be printed upon the official ballots or ballot labels 
of any party for the office of delegate, alternate delegate, member of 
committee or other party officer, unless he is a duly registered and 
enrolled member of said party. (Sec. 2867).
Candidates for nomination as President of the United States are to 
present a nominating petition containing signatures of 2,000 registered 
and enrolled party members. (Sec. 2872.1). A filing fee of $200 is also 
required (Sec. 2873). All nomination petitions are to be filed on or 
before the tenth Tuesday prior to the primary (Sec. 2873(d)). A 
political party may have a ``no preference'' column added on the 
primary election ballot (Sec. 2962(d)).

c. statutory instructions
Delegate candidates in the primary may sign a general pledge to support 
a candidate for nomination (Sec. 2871). Whenever the rules of a party 
provide that a candidate for delegate or alternate delegate to a 
national convention of a political party and may pledge his support to 
a presidential candidate, he shall be committed to support and vote for 
the nomination of that candidate as President as party rules provide, 
the notation of which shall be printed upon the ballot. No candidate 
for delegate or alternate delegate shall make a commitment unless he 
has obtained prior authorization to do so from the presidential 
candidate to whom he is pledging support. No candidate for delegate or 
alternate delegate shall be allowed to commit himself to any 
presidential candidate nor shall the Secretary of the Commonwealth 
cause any notation of commitment to be printed on any ballot unless the 
presidential candidate forwards notice to the Secretary of the 
Commonwealth, upon a form prescribed by the Secretary, that he is a 
candidate for the nomination of President of the United States and that 
he authorizes delegates and alternate delegates to pledge their support 
and commit themselves to him. This notice must be received by the 
Secretary at least fifteen days prior to the first day on which 
nomination petitions may be circulated for the offices which are to be 
filled at the spring primaries in the years in which candidates for the 
President of the United States are to be nominated. Nomination 
petitions for delegates committed to particular presidential candidates 
shall be obtained only from the presidential candidate or his duly 
authorized representative who is certified by the Secretary of the 
Commonwealth as being authorized by the candidate to distribute 
nomination petitions bearing his name. (Sec. 2839.1)

RHODE ISLAND
Delegates to National Conventions:
Democratic: 32
Republican: 14

a. manner of selection
Delegates to national conventions are selected in a primary election to 
be held on the first Tuesday in March (March 7, 1992) (General Laws of 
Rhode Island, Sec. 17-12.1-1). At the presidential preference primary 
there shall be elected such number of delegates and alternates from 
congressional districts as determined by party rules certified to the 
Secretary of State by the chairman of the State committee on or before 
the first Tuesday in January preceding the primary (Sec. 17-12.1-2). 
Candidates for delegate must sign and file a declaration of candidacy 
on forms provided by the Secretary of State during the period between 
January 2 and January 12 (Sec. 17-12.1-3). The Secretary of State is to 
provide declared candidates with nomination papers to be signed by at 
least 150 party voters (Sec. 17-12.1-6) and submitted to the local 
board of the city or town, where the signers appear as voters, for 
verification on or before 4 p.m. of the 35th day prior to the primary 
(Sec. 17-12.1-7). The local board files the papers with the Secretary 
of State (Sec. 17-12.1-7). Delegate candidates may also submit to the 
Secretary of State documentation of approval from presidential 
candidates on or before 4 p.m. on the 30th day prior to the primary 
(Sec. 17-12.1-7).
The ballot is to be prepared to clearly show the presidential 
preference or uncommitted status of delegate candidates (Sec. 17-12.1-
11). The number of delegates and the designation of winning delegates 
shall be determined pursuant to the rules of such political party filed 
with the Secretary of State as provided by this chapter (Sec. 17-12.1-
9).

b. presidential preference primary
Delegates and alternates to the national convention are elected in a 
primary held on March 7, 2000. The Rhode Island primary is an open 
primary. The Secretary of State shall announce ten days prior to the 
first day for filing of declaration of candidacy by delegates, the 
names of those bona fide national candidates for presidential nominee 
known to him and on or before said date of announcement, shall by 
registered mail duly notify such candidates of his intent to place 
their names on the ballot.
Any person seeking the endorsement of a national political party for 
which a primary is being held shall, between November 15 and November 
30, by 4 p.m. in the year prior to the year in which the presidential 
preference primary is being held provide written notification to the 
Secretary of State of his or her intention to run in the primary. The 
candidate must submit petition papers signed by at least 1,000 eligible 
voters on or before 4 p.m. of the 74th day before the primary to the 
local board of the city or town where the signers appear to be voters.
If any candidate whose name has been announced as a presidential 
nominee does not thereafter wish his name to appear on the ballot, he 
shall at least thirty days prior to the date for the primary, file an 
affidavit with the Secretary of State stating his name may not be 
placed on the ballot. Names of delegates committed to such withdrawn 
candidate, who are otherwise qualified, shall appear on the ballot as 
uncommitted (Sec. 17-12.1-4).

c. statutory instructions
None.

SOUTH CAROLINA
Delegates to National Conventions:
Democratic: 52
Republican: 7

a. manner of selection
No statutory provisions.

b. presidential preference primary
No statutory provisions.

c. statutory instructions
None.

SOUTH DAKOTA
Delegates to National Conventions:
Democratic: 22
Republican: 22

a. manner of selection
In the years when a President of the United States is to be elected, 
the political parties shall elect delegates and alternates to the 
national convention of each political party in accordance with the 
provisions of Sec. Sec. 12-5-3.6 to 12-5-3.15, inclusive. If delegates 
and alternates are not elected at large from the entire State, the 
constitution or bylaws shall set forth the area boundaries for 
representation coincident with some geographical division of the State 
otherwise authorized or provided by law (South Dakota Compiled Laws, 
Sec. 12-5-2, Supp.).
In the event the political party does not choose by its constitution, 
bylaws or its State convention the method of selecting its delegates 
and alternates to the national convention, it shall, at its State party 
convention, meeting in the even nonpresidential years, choose the 
method of selection from the alternatives as follows:
(a) the slate of delegates and alternates receiving the highest number 
of votes shall be declared elected;
(b) the total number of delegates and an equal number of alternates to 
the national convention shall be allocated between the two leading 
slates of the political party, and the same proportion of the total 
vote each slate received bears to the total combined votes of both 
slates. The appropriate number of delegates and alternates from each 
slate shall be deemed elected in the order in which the names appeared 
on the ballot; or
(c) an allocation may be made among two or more slates which grants 
representation proportionately to various slates receiving a number of 
votes stated in the constitution or bylaws of the political party to be 
significant for purposes of representation of either, area of the State 
or support for candidates, or both, which shall be stated in the 
constitution or bylaws. A certificate of election shall be issued by 
the State party chairman to each delegate and each alternate entitled 
thereto by allocation (Sec. 12-5-3.10).
In the event a political party has no prescribed method of selection of 
slates of delegates and alternates to its national convention, the 
slates of delegates and alternates to the national convention shall be 
elected by the primary. Names of candidates for delegates and 
alternates to the national convention, in number equal to the entire 
number of such delegates and alternates to be selected, shall be 
grouped in a slate under the respective designations upon a single 
nominating petition, which will contain a statement indicating their 
collective preference choice for President of the United States, if 
any, or that they have no preference or are uncommitted (Sec. 12-5-
3.11).

b. presidential preference primary
In a year when a President of the United States is to be elected, the 
primary for selection of delegates and alternates to the national 
convention shall be held on the first Tuesday in June of every even-
numbered year (Sec. 12-2-1, Supp.) (June 6, 2000). The presidential 
primary is a closed primary. If a political party chooses to have a 
primary for selection of its delegates and alternates to the national 
convention, it shall certify the slates to the Secretary of State by 
the first Tuesday in April preceding the primary by five o'clock p.m. 
The slates certified shall be placed on the ballot by the Secretary of 
State and the position of the slates on the primary ballot shall be 
chosen by lot by the Secretary of State. The certification shall be 
deemed to be filed if mailed by registered mail by five o'clock p.m. on 
the first Tuesday in April (Sec. 12-5-3.8, Supp.) Any candidate, 
committee or group supporting a candidate in any of the presidential 
primaries, shall, by the first Tuesday in April prior to the 
presidential primary election, notify the Secretary of State that they 
intend to have the name of the candidate placed on the presidential 
primary election ballot or submit a slate of candidates or both 
(Sec. 12-5-3.14, Supp.).
Both major political parties will select their delegates in a separate 
caucus process. The national convention delegates will be 
proportionally allotted to the presidential candidates based on the 
presidential preference primary results.

c. statutory instructions
None.

TENNESSEE
Delegates to National Conventions:
Democratic: 81
Republican: 37

a. manner of selection
On the second Tuesday in March (March 14, 2000) a presidential primary 
election will be held to elect delegates to the national conventions of 
all statewide political parties (Tennessee Code Ann., Sec. 2-13-302). 
On the second Thursday in January next preceding the election, the 
chairpersons of each statewide political party will certify to the 
Secretary of State and the coordinator of elections the number of 
delegates and alternates to the national convention allocated by the 
national party to be elected by the State party.
The chairperson will further certify to the Secretary of State and the 
coordinator of elections:
(1) The number of delegates allocated to the State party by the 
national party to various congressional districts within Tennessee; and
(2) The number of delegates-at-large allocated by the national party to 
the State party.
Delegates-at-large and alternates shall be elected in accord with the 
rules of the respective parties. If the party executive committee 
decides to elect the at-large delegates and alternates, it shall meet 
to do so after the second Tuesday in March and before the first Tuesday 
in April, such election to be by open ballot of the committee members 
and no secret balloting shall be permitted. Alternate delegates shall 
be elected proportional to the vote for delegates in the party's 
delegate election. All State party allocations must be in accord with 
the charter, rules, and bylaws of the respective national party.
There shall be at least three (3) delegates allocated to each 
congressional district unless such allocation violates the charter, 
bylaws or rules of the respective national political parties. Where a 
political party has allocated three (3) delegates from each 
congressional district by national party rules, at least one-third (\1/
3\) of the at-large delegates shall be elected by popular vote on the 
ballot.
The respective party executive committees shall meet prior to the 
second Thursday in January to determine how the provisions of this 
section with respect to the division of delegates by district and at-
large and the method of selecting at-large delegates, and the 
chairperson of each party shall certify the decisions of the executive 
committee to the Secretary of State and the coordinator of elections.
In no case shall the candidate receiving the greatest number of votes 
in a primary have apportioned to him a lesser number of delegates than 
the candidate with the next greatest number of votes. If one (1) 
candidate with a total number of votes statewide greater than other 
candidates, receives fewer delegates from districts than the other 
candidates, then the at-large delegates shall be so apportioned as to 
reflect the percentage of the vote received by the candidate with the 
greatest number of votes and his competitors (Sec. 2-13-303, Supp.)
Candidates for election as delegates to the national convention of a 
political party shall qualify by filing nominating petitions no later 
than twelve o'clock (12:00) noon prevailing time on the third Thursday 
in January of the presidential election year in the office of the 
Secretary of State in Nashville.
Nominating petitions shall be signed by the candidate and one hundred 
(100) or more registered voters who are eligible to vote to fill the 
position.
Nominating petitions shall bear the name and address of the candidate.
The sufficiency of such petitions, including the requisite quantity and 
authenticity of signatures, shall be verified by the county election 
commission.
If the candidate does not file by the deadline specified in this 
section, his name shall not be printed on the ballot.
Nominating petitions for delegate candidates may be mailed to the 
Secretary of State and if postmarked by twelve o'clock (12:00) noon 
prevailing time on the third Thursday in January, shall be considered 
as being filed in time. (Sec. 2-13-305).
Certified copies of the original nominating petition and declaration of 
delegate candidacy shall be filed by the Secretary of State with the 
coordinator of elections, with the chairperson of the State executive 
committee of the candidate's party, and with the chairperson of the 
State election commission.
The chairperson of the State election commission shall no later than 
four thirty p.m. (4:30 p.m.), prevailing time, on the third Thursday in 
January, certify to the chairperson of the appropriate county election 
commission the names of all delegate-candidates who have qualified to 
have their names printed on the ballot in that county (Sec. 2-13-310).

b. presidential preference primary
A presidential preference primary will be held on the second Tuesday in 
March (March 14, 2000) (Sec. 2-13-205). The presidential primary is an 
open primary.
The names of candidates for President of the United States shall be 
printed on the ballot for the presidential preference primary only if 
they were:
(1) The names of persons who the Secretary of State in his sole 
discretion has determined are generally advocated or recognized as 
candidates in national news media throughout the United States. The 
Secretary of State shall submit the names to the State election 
commission no later than the first Tuesday in January of the year in 
which the election will be held. If a candidate who has been certified 
by the Secretary of State wishes to be a candidate in the presidential 
primary of a party other than that for which the Secretary of State 
certified him, he shall signify his political party preference to the 
State election commission no later than twelve (12:00) noon, prevailing 
time, on the second Tuesday in January and his name shall be certified 
only for the ballot of his chosen party, as the case may be.
(2) The names of persons for whom nominating petitions, signed by at 
least twenty-five hundred (2,500) registered voters of the party whose 
nomination is sought and by the candidate, are filed not later than 
twelve o'clock (12:00) noon, prevailing time, on the first Tuesday in 
January of the year in which the election will be held. The nominating 
petitions shall be filed with the State election commission and 
certified duplicates with the coordinator of elections and with the 
chairperson of the candidate's party's State executive committee. No 
candidate may enter the presidential primary of more than one statewide 
political party.
The Secretary of State shall advise each of the prospective candidates 
by the most expeditious means available that, unless he withdraws his 
name by twelve o'clock (12:00) noon, prevailing time, on the second 
Tuesday in January of the year in which the election will be held, his 
name will appear on the ballot of his party in the presidential 
preference primary. If such a person executes and files with the State 
election commission an affidavit stating without qualification that he 
is not and does not intend to become a candidate for President in the 
forthcoming presidential election, his name shall not be on the ballot.
The Secretary of State shall certify to the county election commission 
on the second Thursday in January the names which this section requires 
to be on the ballot for each political party (Sec. 2-5-205).
On the first Tuesday in January of the year in which the election will 
be held, the Secretary of State shall notify all nationally recognized 
candidates for President that their names are to be placed on the 
Tennessee presidential preference primary ballot. Such notice shall 
also be given at the same time to all of the statewide political 
parties.
Any person, who is notified that his name is to be placed on such 
ballot and who does not desire his name to appear on such ballot, shall 
execute and file with the Secretary of State an affidavit stating 
without qualification that he is not and does not intend to become a 
candidate for President in the forthcoming presidential election. Such 
person shall file such affidavit with the Secretary of State prior to 
twelve o'clock (12:00) noon prevailing time on the second Tuesday in 
January of the year in which the election is to be held.
On the second Thursday in January, after twelve o'clock (12:00) noon 
prevailing time, the Secretary of State shall announce the candidates 
for President who shall appear on the ballot and shall issue a call for 
an election for the purpose of electing delegates to the national 
conventions of all statewide political parties. (Sec. 2-13-304).
In the event that a delegate-candidate is subject to the provisions of 
Sec. 2-13-308(2), he shall provide the Secretary of State with the 
presidential candidate's written consent thereto no later than twelve 
o'clock (12:00) noon prevailing time at the time he files his 
nominating petition. In the event that such consent is not granted in 
writing by the presidential candidate, then the name of the delegate-
candidate shall appear on the ballot as an uncommitted delegate-
candidate. Each presidential candidate must consent for each district 
to at least one more and no more than twice the number of delegate-
candidates being pledged to him than the number of delegates allocated 
to the district (Sec. 2-13-309).
Delegates elected from a congressional district shall be allocated 
among the presidential candidates and the uncommitted designation as 
proportionally as is mathematically possible to the number of votes 
received in the presidential preference selection within such 
congressional district. If the number of votes received by a 
presidential candidate in any congressional district is less than 
fifteen percent of the votes cast in such district, no delegates shall 
be allocated to such candidate and such votes of less than fifteen 
percent shall be considered as votes for the uncommitted designation 
(Sec. 2-13-313). Delegates-at-large and alternates shall be allocated 
among the presidential candidates or as uncommitted designation as 
proportionally as is mathematically possible to the proportion of the 
vote received by that candidate. If the total number of votes received 
by a presidential candidate in the State at large is less than fifteen 
percent of the votes cast, no delegate-at-large or alternates shall be 
allocated to such candidate and such votes of less than fifteen percent 
shall be considered as votes for the uncommitted designation (Sec. 2-
13-314).

c. statutory instructions
The results of the preferential presidential primary shall be binding 
on the delegates to the national conventions as hereinafter provided. 
The delegates to the national conventions shall be bound by the results 
of the preferential presidential primary for the first two ballots and 
shall vote for the candidate whom they are pledged. The delegates shall 
thereafter be bound to support such candidate so long as he, not to 
exceed two ballots, has twenty percent of the total convention vote or 
until such time the candidate of their party releases them from the 
results of the presidential preference primary (Sec. 2-13-317).

TEXAS
Delegates to National Conventions:
Democratic: 231
Republican: 124

a. manner of selection
The State of Texas will have a presidential preference primary on March 
14, 2000. The results of the presidential preference primary will 
determine the allocation of most of the national convention delegates 
who are selected in a caucus process after the primary.
If a political party holding a primary election in a presidential 
election year desires to send delegates to a national presidential 
nominating convention of the party, the party shall select the 
delegates at a State convention convened on any day in June of the 
presidential election year. Before the date of the party's precinct 
conventions held under Chapter 174, the party's State executive 
committee shall choose the date, hour, and place for the State 
convention. The State convention shall consist of delegates selected at 
the party's county and senatorial district conventions held under 
Chapter 174. Before the date of the party's precinct conventions, the 
party's State chairman shall deliver written notice of the date, hour, 
and place for the State convention to:
(1) the Secretary of State;
(2) each county chair of the party; and
(3) the temporary chair of each senatorial district convention of the 
party (Sec. 191.031, Supp.).
If a political party not holding a primary election in a presidential 
election year desires to send delegates to a national presidential 
nominating convention of the party, the party shall select the 
delegates at the State convention at which the party is authorized to 
make nominations for State offices (Vernon's Texas Codes Ann. (Election 
Code) Sec. 191.032, Supp.).

b. presidential preference primary
The presidential preference primary shall be held on the second Tuesday 
in March in each presidential election year (March 14, 2000) 
(Sec. 41.007(c), Supp.). The presidential primary is an open primary. 
To be entitled to have its nominees for President and Vice President of 
the United States placed on the general election ballot in a particular 
presidential election year, a political party must hold a presidential 
primary election in this State if:
(1) in the presidential election year, the party is required by this 
code to nominate its candidates for State and county offices by primary 
election;
(2) a presidential primary election is authorized under national party 
rules; and
(3) before January 1, of the presidential election year, the national 
party has determined that it will hold a national presidential 
nominating convention that year (Sec. 191.001, Supp.).
Candidates qualify to have their names on the presidential primary 
election ballot in the manner provided by party rule. If party rules 
provide for the filing of applications or signature petitions to 
qualify candidates for a place on the ballot, the filing deadline may 
not be later than the regular filing deadline for candidates in the 
general primary election. A signature on a candidate's petition is not 
valid unless it is that of a registered voter and is accompanied by the 
signer's residence address, including county, and voter registration 
number. A person may not sign petitions supporting more than one 
presidential candidate in the same primary, and, if a person does so, 
the person's signature is void as to all petitions he signs 
(Sec. 191.002, Supp.). The State chair of each political party holding 
a presidential primary election shall certify the name of each 
presidential candidate who qualifies for a place on the presidential 
primary election ballot and deliver the certification to the Secretary 
of State not later than the 57th day before presidential primary 
election day (Sec. 191.003, Supp.).

c. statutory instructions
Each political party holding a presidential primary election shall 
adopt a rule for allocating delegates based on the results of the 
presidential primary election. At least 75 percent of the total number 
of delegates who are to represent this State at the party's national 
presidential nominating convention, excluding delegates allocated among 
party and elected officials, shall be allocated in accordance with the 
rule among one or more of the candidates whose names appear on the 
presidential election ballot and, if applicable, the uncommitted status 
(Sec. 191.007, Supp.).

UTAH
Delegates to National Conventions:
Democratic: 29
Republican: 29

a. manner of selection
No statutory provisions.

b. presidential preference primary
A Western States Presidential Primary is held the first Friday after 
the first Monday in March in the year in which a presidential election 
will be held (March 10, 2000). As a condition for using the state's 
election system, each registered political party wishing to participate 
in Utah's Western States Presidential Primary shall: (a) declare their 
intent to participate in Utah's Western States Presidential Primary; 
(b) identify one or more registered political parties whose members may 
vote for the registered political party's candidates and whether or not 
persons identified as unaffiliated with a political party may vote for 
the registered political party's candidates; and (c) certify that 
information to the lieutenant governor no later than 5 p.m. on the June 
30 of the year before the year in which the presidential primary will 
be held. (Utah Code Annotated, Sec. 20A-9-802, Supp.).

c. statutory instructions
None.

VERMONT
Delegates to National Conventions:
Democratic: 22
Republican: 12

a. manner of selection
Delegates and alternates to national conventions of political parties 
are chosen at the respective party State conventions.
The State committee of each party shall call a party convention, under 
regulations prescribed by the committee, to be held during the month of 
May or June in each presidential year. At such convention, delegates 
and alternates to the national convention of such party to the number 
apportioned to their State shall be elected (Vermont Statutes 
Annotated, Title 17, Sec. 2715, Supp.).

b. presidential preference primary
None.

c. statutory instructions
None.

VIRGINIA
Delegates to National Conventions:
Democratic: 99
Republican: 55

a. manner of selection
The duly constituted authorities of the state political party shall 
have the right to determine the method by which the state party will 
select its delegates to the national convention to choose the party's 
nominees for President and Vice President of the United States 
including a presidential primary or another method determined by the 
party. The state chairman shall notify the State Board of the party's 
determination at least ninety days before the primary date. (Code of 
Virginia Annotated, Sec. 24.2-545.A, Supp.).

b. presidential preference primary
Primaries for the nomination of candidates for the office of President 
of the United States to be voted on at the November 2000 general 
election, and the November general election in each presidential 
election year thereafter, shall be held on the last Tuesday in February 
preceding the November general election (February 29, 2000). (Code of 
Virginia Annotated, Sec. 24.2-544.A, Supp.).

c. statutory instructions
The State Board shall certify the results of the presidential primary 
to the state chairman. If the party has determined that its delegates 
and alternates will be selected pursuant to the primary, the state of 
delegates and alternates of the candidate receiving the most votes in 
the primary shall be deemed elected by the state party. If the party 
has determined to use another method for selecting delegates and 
alternates, those delegates and alternates shall be bound to vote on 
the first ballot at the national convention for the candidate receiving 
the most votes in the primary unless that candidate releases those 
delegates and alternates from such vote. (Code of Virginia Annotated, 
Sec. 24.2-545.D, Supp.).

WASHINGTON
Delegates to National Conventions:
Democratic: 94
Republican: 37

a. manner of selection
The State of Washington will hold a presidential preference primary on 
May 23, 2000, which will determine the allocation of national 
convention delegates to presidential candidates (Revised Code of 
Washington Annotated, Sec. Sec. 29.19.020, Supp.). A major political 
party may, under national or state party rules, base the allocation of 
delegates from this state to the national nominating convention of that 
party in whole or in part on the participation in precinct caucuses and 
conventions conducted under the rules of that party. 
(Sec. 29.19.055(1), Supp.).

b. presidential preference primary
On the fourth Tuesday in May of each year when a President of the 
United States is to be nominated and elected, or such other date as may 
be selected by the secretary of state to advance the concept of a 
regional primary, a presidential preference primary shall be held at 
which voters may express their preferences as to who should be the 
nominee of a major political party for the office of president 
(Sec. 29.19.020, Supp.). The name of any candidate for a major 
political party nomination for President of the United States shall be 
printed on the presidential preference primary ballot of a major 
political party only:
(1) By direction of the secretary of state, who in the secretary's sole 
discretion has determined that the candidate's candidacy is generally 
advocated or is recognized in national news media; or
(2) If members of the political party of the candidate have presented a 
petition for nomination of the candidate that has attached to the 
petition a sheet or sheets containing the signatures of at least one 
thousand registered voters who declare themselves in the petition as 
being affiliated with the same political party as the presidential 
candidate. The petition shall be filed with the secretary of state not 
later than the thirty-ninth day before the presidential preference 
primary. The signature sheets shall also contain the residence address 
and name or number of the precinct of each registered voter whose 
signature appears thereon and shall be certified in the manner 
prescribed in RCW 29.79.200 and 29.79.210.
The secretary of state shall place the name of the candidate on the 
ballot unless the candidate, at least thirty-five days before the 
presidential preference primary, executes and files with the secretary 
of state an affidavit stating without qualification that he or she is 
not now and will not become a candidate for the office of President of 
the United States at the forthcoming presidential election. The 
secretary of state shall certify the names of all candidates who will 
appear on the presidential preference primary ballot to the respective 
county auditors on or before the fourth Tuesday in April of each 
presidential election year (Sec. 29.19.030).

c. statutory instructions
None.

WEST VIRGINIA
Delegates to National Conventions:
Democratic: 42
Republican: 18

a. manner of selection
West Virginia will hold a presidential preference primary on May 9, 
2000. The presidential primary is advisory only. Most of the delegates 
to the national nominating conventions are elected at the presidential 
primary in a separate election.
At the primary election, there shall be elected by the voters of each 
political party of the State, in accordance with a plan adopted by the 
State party, persons to be delegates to the  national convention of the 
party to be held next after the date of such primary (West Virginia 
Code, Sec. 3-5-2). The plan adopted by each political party of the 
State shall state the method, subject to compliance with their national 
party rules and not inconsistent with the provisions of this section, 
for the election of persons in each congressional district of the State 
as delegates to the national convention of the party, for the election 
or selection of persons in each congressional district of the State as 
alternate delegates to the national convention of the party and for the 
selection of all remaining delegates and alternate delegates allocated 
to the party in their national convention. Not less than 120 days 
before the primary election to be held in the year one thousand nine 
hundred ninety-two, and in every fourth year thereafter, the governing 
body of each political party of the State shall certify the plan 
adopted by the party under signature of the State party chairman and 
file with the Secretary of State. Any questions regarding whether such 
plan was rightfully adopted by the party shall be resolved by the party 
based upon party rules (Sec. 3-5-2).
(1) The voters of each political party shall elect in each 
congressional district the number of persons as delegates to the 
national convention of the party to which the district is entitled.
(2) If the rules of the national political party do not require the 
apportionment of delegates on the basis of their commitment for 
President, the persons receiving the highest number of votes as 
delegates in any congressional district to the number to which the 
district is entitled, shall be elected delegates. After the election of 
delegates in each congressional district to the number to which the 
district is entitled, the persons receiving the next highest votes in 
each congressional district and having qualified, as may be provided in 
the plan adopted by the party, shall be elected as alternate delegates 
to the number of alternate delegates to which the district is entitled.
(3) If the rules of the national political party require that the 
percentage of votes cast for the various presidential candidates 
determine the apportionment of committed candidates to be elected as 
delegates or alternates, regardless of whether such committed 
candidates received the highest number of votes, then the plan adopted 
by the political party of the state shall prescribe the number of 
delegates and alternates to be elected under such apportionment, the 
method by which the apportionment shall be made, and the method by 
which the secretary of state shall determine which delegates and 
alternates are elected. A committed candidate for delegate to national 
convention is one whose preference for a particular presidential 
candidate appears on the ballot.
(4) In the event the number of persons elected in the primary election 
in a congressional district is less than the number to which the 
district is entitled as delegates and alternate delegates to the 
national convention of the political party, the governing body of the 
political party of the state shall appoint persons from the 
congressional district to serve as delegates or alternate delegates to 
the national convention of the party unless the rules of the party 
otherwise provide.
(5) The number of persons which each of the congressional districts in 
the state are entitled to elect as delegates to the national convention 
of the political party shall be apportioned among the congressional 
districts in the same proportion to the total number of delegates to 
the party's national convention elected in all congressional districts 
in the state as the population of the congressional district bears to 
the total population of the state based upon the census of population 
taken by the bureau of the census of the United States department of 
commerce in the year one thousand nine hundred ninety, and in every 
tenth year thereafter (Sec. 3-5-2).
The official primary ballot at the primary election to be held in the 
year one thousand nine hundred ninety-two, and in every fourth year 
thereafter shall, following the names of all candidates for delegates 
to the national convention of the party, contain the words ``For 
election in accordance with the plan adopted by the party and filed 
with the secretary of state.'' Unless and until a political party of 
the state has adopted and certified a plan for the election of 
delegates to the national convention of the party and filed the plan 
with the secretary of state, there shall be elected by the voters of 
the political party of the state at the primary election to be held in 
the year one thousand nine hundred ninety-two, and in each fourth year 
thereafter, the number of persons to which the party is entitled as 
delegates-at-large, and by the voters of each political party in each 
congressional district in the state the number of delegates to which 
the district is entitled. The persons receiving the highest number of 
votes in the state as delegates-at-large, to the number to which the 
state is entitled, shall be elected delegates. The persons receiving 
the highest number of votes as delegates in any congressional district, 
to the number to which the district is entitled, shall be elected 
delegates. Each delegate so elected shall then appoint an individual to 
serve as alternate delegate, and shall by registered letter notify the 
secretary of state of such appointment within forty days after the 
primary election (Sec. 3-5-2).

b. presidential preference primary
An advisory presidential preference primary is scheduled for May 9, 
2000. In presidential election years, in addition to the candidates 
required to be nominated at the primary election, the qualified voters 
of each political party shall have the opportunity of voting for their 
choice among those aspiring to be the candidates of their respective 
parties for President of the United States. The names of such aspirants 
shall be printed on the official election ballot of their respective 
parties upon the filing with the Secretary of State of the certificate 
of announcement and the filing fee, and the ballot shall be marked and 
the vote shall be counted, canvassed and returned under the same 
conditions as to names, certificates and other matters, as the names 
and certificates of the party aspirants for the party nomination for 
the office of Governor (Sec. 3-5-3). A presidential candidate may have 
his name placed on the ballot by filing a fee equal to one percent of 
the President's annual salary ($4,000) with the Secretary of State 
between the second Monday in January and the first Saturday of February 
next preceding the primary election day (Sec. Sec. 3-5-7, 3-5-8).
For candidates for delegate to a national convention, the certificate 
of announcement must include the name of the presidential candidate to 
be listed on the ballot as the preference of the candidate on the first 
convention ballot or, a statement that the candidate prefers to remain 
``uncommitted'' (Sec. 3-5-7).

c. statutory instructions
None.

WISCONSIN
Delegates to National Conventions:
Democratic: 92
Republican: 37

a. manner of selection
A primary for the expression of presidential preferences will be held 
on the first Tuesday in April (April 4, 2000) (Wisconsin Statutes 
Annotated, Sec. 8.12 and Sec. 5.02(21), Supp.).

b. presidential preference primary
Wisconsin has scheduled a presidential preference primary to be held on 
the first Tuesday in April (April 4, 2000). The presidential primary is 
an open primary. National convention delegates are selected by the 
major political parties after the primary in a caucus process.
There is a separate ballot for each recognized political party listing 
the names of all potential candidates of that party and affording, in 
addition, an opportunity to the voter to nominate another potential 
candidate by write-in vote or to vote for an uninstructed delegation to 
the party convention. The order of such presidential candidates shall 
be determined by lot by or under the supervision of the board. Each 
voter shall be given the ballots of all the parties participating in 
the presidential preference vote, but may vote on one ballot only 
(Sec. 5.60(8), Supp.). This is an open type of primary.
No later than 5 p.m. on the first Tuesday in January, or the next day 
if Tuesday is a holiday, in each year in which electors for President 
and Vice President are to be elected, the State chairperson of each 
recognized political party listed on the official ballot at the last 
gubernatorial election whose candidate for Governor received at least 
10 percent of the total votes cast for that office may certify to the 
board that the party will participate in the presidential preference 
primary. For each party filing such a certification, the voters of this 
State shall at the spring election be given an opportunity to express 
their preference for the person to be the presidential candidate of 
that party (Sec. 8.12(1)(a)).
A candidate may also have his name placed on the ballot by filing a 
petition signed by not less than 1,000 nor more than 1,500 qualified 
electors from each congressional district with the board by the Friday 
following the last Tuesday in January (Sec. 8.12(1)(c)). No petition 
may be filed without the presidential candidate's written consent 
(Sec. 8.12(1)(c)).
A special committee shall place the names of all candidates whose 
candidacy is generally advocated or recognized in the national news 
media throughout the United States on the ballot, and may, in addition, 
place the names of other candidates on the ballot. The committee shall 
have sole discretion to determine that a candidacy is generally 
advocated or  recognized in the national news media throughout the 
United States (Sec. 8.12(b)).
Candidates nominated by the committee are notified by the board and 
must file a disclaimer, stating without qualification that they are not 
now and do not intend to become candidates for the presidential 
nomination, by the second Thursday following the third Tuesday in 
February (Sec. 8.12(1)(d)).

c. statutory instructions
None.

WYOMING
Delegates to National Conventions:
Democratic: 18
Republican: 22

a. manner of selection
Delegates and alternates are elected by the state convention of each 
political party (Wyoming Statutes Annotated, Sec. 22-4-118). Delegates 
and alternates to the State convention are selected at county 
conventions to be held on the first Friday after the first Tuesday of 
March in even-numbered years (March 10, 2000). (Sec. Sec. 22-4-106 to 
22-4-108). Delegates to county conventions are members of the county 
central committee, but the party may provide an alternate method of 
selecting such delegates (Sec. 22-4-107).

b. presidential preference primary
None.

c. statutory instructions
None.

B. Delegate Selection for Citizens Abroad and the
Territories

AMERICAN SAMOA [Democrats only] Manner of Selection
Delegates to Democratic National Convention: 6
A caucus process selects the national convention delegates on March 7, 
2000.
Delegates to the Republican National Convention: 4 at-large delegates

DEMOCRATS ABROAD
Delegates to Democratic National Convention: 9

Democrats:
In 2000, the Democrats Abroad will utilize a caucus system from March 
10-14, 2000 to select 9 delegates from certain sites around the globe.

GUAM
Delegates to National Conventions:
Democratic: 6
Republican: 4

Democrats:
The national convention delegates will be elected by a one-tier caucus/
convention at a mass meeting on May 6, 2000.

Republicans:
The delegates will be elected by caucus-convention on February 26, 
2000.

PUERTO RICO
Delegates to National Conventions:
Democratic: 59
Republican: 14

Democrats:
A primary for the expression of presidential preferences and the 
election of national convention delegates and alternatives will be held 
on the fourth Sunday in March (March 26, 2000).

Republicans:
The Republican Party in Puerto Rico will send 14 at-large delegates to 
the national convention. Fourteen delegates are at stake at the 
presidential primary on February 27, 2000.

VIRGIN ISLANDS
Delegates to National Conventions:
Democratic: 6
Republican: 4

Democrats:
The Democratic Party in the Virgin Islands will select its delegates by 
a caucus-convention process on April 1, 2000.

Republicans:
The Republican Party in the Virgin Islands will select its delegates by 
a caucus-convention process on February 26, 2000.
Nomination and Election
Nomination and Election
-----------------------------------------------------------------------
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PART IV. STATE LAWS RELATING TO THE NOMINATION AND ELECTION OF 
PRESIDENTIAL ELECTORS

A. Table of State Electoral College Votes

Alabama..........................      9      Montana............      3
Alaska...........................      3      Nebraska...........      5
Arizona..........................      8      Nevada.............      4
Arkansas.........................      6      New Hampshire......      4
California.......................     54      New Jersey.........     15
Colorado.........................      8      New Mexico.........      5
Connecticut......................      8      New York...........     33
Delaware.........................      3      North Carolina.....     14
District of Columbia.............      3      North Dakota.......      3
Florida..........................     25      Ohio...............     21
Georgia..........................     13      Oklahoma...........      8
Hawaii...........................      4      Oregon.............      7
Idaho............................      4      Pennsylvania.......     23
Illinois.........................     22      Rhode Island.......      4
Indiana..........................     12      South Carolina.....      8
Iowa.............................      7      South Dakota.......      3
Kansas...........................      6      Tennessee..........     11
Kentucky.........................      8      Texas..............     32
Louisiana........................      9      Utah...............      5
Maine............................      4      Vermont............      3
Maryland.........................     10      Virginia...........     13
Massachuesetts...................     12      Washington.........     11
Michigan.........................     18      West Virginia......      5
Minnesota........................     10      Wisconsin..........     11
Mississippi......................      7      Wyoming............      3
Missouri.........................     11


B. Background of the Electoral College \1\
---------------------------------------------------------------------------
\1\ By L. Paige Whitaker, Legislative Attorney, Congressional Research 
Service, Library of Congress.''
---------------------------------------------------------------------------
The method of electing the President was the subject of considerable 
debate among the framers of the Constitution, who were divided over 
whether the President should be elected directly by the people or by 
the Congress. The adoption of the Electoral College plan was the 
product of compromise, whereby the President under Article II of the 
Constitution is elected neither directly by the people nor by the 
Congress, but is instead chosen by presidential electors appointed for 
the purpose. Article II, section 1, clause 2 provides that ``each State 
shall appoint, in such Manner as the Legislature thereof may direct, a 
Number of Electors, equal to the whole Number of Senators and 
Representatives to which the State may be entitled in the Congress.''
The United States Supreme Court noted in McPherson v. Blacker,\2\ that 
the Constitution does not provide for the appointment of electors by 
popular vote, nor that the electors voted for upon a general ticket, 
nor that the majority who vote can alone choose the electors. The 
Constitution recognizes that the people act through their 
representatives in the legislature and thus leaves it to the 
legislature to determine the method of appointing electors. The 
appointment and the mode of appointment of electors to the Electoral 
College belong exclusively to the States under the Constitution.\3\
---------------------------------------------------------------------------
\2\ 146 U.S. 1 (1982).
\3\ Id. at 27.
---------------------------------------------------------------------------
Even though the States have discretion in choosing electors, the 
Supreme Court has recognized a Federal interest in protecting the 
integrity of the Electoral College process. The Court has upheld the 
power of Congress to protect voters in exercising their right freely so 
that the votes by which the President is elected shall be the free 
votes of the electors.\4\ Moreover, Congress' power to protect the 
choice of electors from fraud or corruption was sustained in Burroughs 
and Cannon v. United States.\5\ In Williams v. Rhodes,\6\ the Court 
struck down Ohio's election laws, which effectively limited access to 
the ballot to electors of the two major political parties. The Court 
found that State laws, enacted pursuant to Article II, Sec. 1 of the 
Constitution to regulate the selection of electors, must meet the 
requirements of the equal protection clause of the Fourteenth Amendment 
and that Ohio's laws relating to the election of presidential electors 
taken as a whole were invidiously discriminatory and violated the equal 
protection clause in that they gave the two major political parties a 
decided advantage over new political parties.\7\
---------------------------------------------------------------------------
\4\ Ex Parte Yarbrough, 110 U.S. 651, 662 (1884).
\5\ 290 U.S. 534, 546 (1934).
\6\ 393 U.S. 23 (1968).
\7\ Id at 28-34.
---------------------------------------------------------------------------
Pursuant to the authority granted by Article II, Sec. 1, cl. 3 of the 
Constitution, Congress sets the date for the election of presidential 
electors. By statute Congress has set this date as the Tuesday next 
after the first Monday in November, in every fourth year succeeding 
every election of a President and Vice President.\8\ The candidates 
nominated at the respective conventions for the offices of President 
and Vice President are usually, under state law, entitled to have their 
names placed on the general election ballot. This is a mere formality 
as the President and the Vice President are actually elected by 
electors under the Constitution. These electors are State officers who 
are nominated and elected according to State law and paid some form of 
compensation, usually only necessary traveling expenses, by the 
individual States.
---------------------------------------------------------------------------
\8\ 3 U.S.C. Sec. 1.
---------------------------------------------------------------------------
The practice of the States differs as to the printing of names of 
presidential electors on the general election ballot. Some States print 
only the names of the electors on the ballot; other States print the 
names of both the electors and the presidential and vice presidential 
candidates on the ballot; and other States only print the names of the 
presidential and vice presidential candidates on the ballot. In most 
States where the names of the presidential and vice presidential 
candidates are printed on the ballot, the names are taken from the 
certificates of nomination required to be filed in nominating electors. 
A voter in casting his or her ballot for President and Vice President 
is actually voting for electors and not for the presidential and vice 
presidential candidates.
Thus, the electors are ``appointed'' by the States under Article II, 
Sec. 1, cl. 2 of the Constitution, and by the Congress for the District 
of Columbia in accordance with the Twenty-third Amendment. Whichever 
slate of electors wins the highest plurality of votes in most States 
and the District of Columbia is elected and will later meet on the 
first Monday after the second Wednesday in December as an Electoral 
College and vote for President and Vice President.\9\
---------------------------------------------------------------------------
\9\ See, 3 U.S.C. Sec. 7.
---------------------------------------------------------------------------
Except for two states, Maine and Nebraska, presidential and vice 
presidential candidates are allotted electors in the States and the 
District of Columbia by a winner-take-all method of election rather 
than a congressional district method or a proportional method of 
election of electors. The State of Maine, however, provides that the 
presidential electors of each congressional district shall cast their 
ballots for the candidates for President and Vice President who 
received the largest number of votes in each congressional district, 
and two at-large electors shall cast their ballots for Presidential and 
Vice Presidential candidates who received the largest number of votes 
in the State. Maine's four electoral votes consequently may be cast for 
different candidates.\10\ In 1991, the State of Nebraska enacted a new 
law providing that five electors be allotted by congressional district 
to each candidate receiving the greatest number of votes in a 
congressional district and two electors to the candidate receiving the 
greatest number of votes statewide.
---------------------------------------------------------------------------
\1\\0\ See Maine Revised Statutes, title 21, Sec. 1184(1)(A).
---------------------------------------------------------------------------
C. Summary of State Laws Relating to Presidential Electors

ALABAMA
Presidential Electors: 9

a. nomination
(1) Major parties
The nomination of electors is by party organization. There is no 
explicit statutory provision for a primary election to select electors 
(Code of Alabama, Sec. 17-19-2). When presidential electors are to be 
chosen, the Secretary of State certifies to the judges of probate of 
the several counties the names of all candidates for President and Vice 
President who are nominated by any national convention (ibid.). The 
certificate of nomination must be signed by the presiding officer and 
secretary of the convention and by the chairman of the State executive 
or central committees making the nomination (ibid.). Each certificate 
of nomination and nominating petition must be accompanied by a list of 
names and addresses of persons, who are qualified voters, equal to the 
number of presidential electors to be chosen (ibid.). Such certificates 
must be filed in the office of the Secretary of State no later than the 
last day of August preceding the general election (ibid.).
(2) Minor and new parties
Candidates for President and Vice President may be nominated by a 
national convention or other like assembly of any political party 
(Sec. 17-19-2). The nominating petitions must be filed in the office of 
the Secretary of State no later than the last day of August before the 
general election (ibid.). The Secretary of State certifies to the 
judges of probate of the several counties the names of all candidates 
for President and Vice President who are nominated by a national 
convention (ibid.). Each certificate of nomination is to be accompanied 
by a list of names and addresses of persons equal in number to the 
number of presidential electors to be chosen.
(3) Independent candidates
The Secretary of State must certify to the judges of probate of the 
several counties the names of candidates for President and Vice 
President who are nominated by written petition signed by at least 
5,000 qualified voters of the State (Sec. 17-19-2). The nominating 
petition is to be filed in the office of the Secretary of State no 
later than the last day of August preceding the general election 
(ibid.).
Pledge
Each person listed on each certificate of nomination and nominating 
petition shall agree that, if elected, he or she shall cast a ballot as 
elector for the nominees listed on such certificate (Sec. 17-19-2).

b. names on general election ballots
The names of all candidates for President and Vice President shall be 
printed on the official ballots under the emblem of their respective 
political parties (Sec. 17-19-3). The names of the electors of the 
candidates for President and Vice President shall not be printed upon 
the ballots (ibid.).

c. statutory instructions
The electors of President and Vice President are to assemble at the 
office of the Secretary of State, at the seat of government at 12:00 
o'clock noon on the second Tuesday in December next after their 
election, or at that hour on such other day as may be fixed by 
Congress, to elect such President and Vice President, and those of them 
present at that hour must at once proceed by ballot and plurality of 
voters to supply the places of those who fail to attend on that day and 
hour (Sec. 17-19-7).

ALASKA
Presidential Electors: 3

a. nomination
(1) Major parties
The nomination of electors is by State party convention or in any other 
manner prescribed by the bylaws of the party. The chairman and 
secretary of the State convention or any other party official 
designated by the party bylaws shall certify a list of names of 
candidates for electors to the Lieutenant Governor, on or before 
September 1 in presidential election years (Alaska Statutes, 
Sec. 15.30.020).
(2) Party pledge
The party shall require from each candidate for election a pledge that 
as an elector he will vote for the candidates nominated by the party of 
which he is a candidate (Sec. 15.30.040).
(3) Minor parties
A limited political party may be organized for the purpose of selecting 
candidates for electors of President and Vice President of the United 
States by filing a petition with the Lieutenant Governor at least 90 
days before a presidential general election signed by qualified voters 
of the State equaling in number at least one percent of the number of 
voters who cast ballots for President at the last presidential 
election. The petition shall state that the signers intend to organize 
a limited political party, that they intend to select candidates for 
electors of President and Vice President of the United States at the 
next succeeding presidential election, and the name of the limited 
political party (Sec. 15.30.025(a)).
A limited political party so organized may not assume a name which is 
so similar to an existing political party as to confuse or mislead the 
voters at an election. If the director of elections determines that the 
name of the limited political party set out in a petition is confusing 
or misleading, he may refuse to accept the petition for filing 
(Sec. 15.30.025(b)).
A limited political party organized under this section shall cease to 
be a political party whenever its presidential candidate fails to 
receive at least 3 percent of the number of voters who cast ballots for 
the office of President at a presidential election (Sec. 15.30.025(c)).
Presidential electors may be nominated by political parties in Alaska 
(Sec. 15.30.020).

b. names on general election ballots
Names of candidates are printed on the ballots and a vote marked for 
the candidates for President and Vice President is considered and 
counted as a vote for the presidential electors of the party 
(Sec. Sec. 15.15.030(7), 15.30.050).

c. statutory instructions
The electors shall meet at the office of the Lieutenant Governor or 
other place designated by him at 11:00 o'clock in the morning on the 
first Monday after the second Wednesday in December following their 
election. They shall proceed to cast their votes for the candidates for 
the office of President and Vice President of the party which selected 
them as candidates for electors and shall perform the duties of 
electors as required by the Constitution and laws of the United States 
(Sec. Sec. 15.30.070, 15.30.090).

ARIZONA
Presidential Electors: 8

a. nomination
(1) Major parties
Electors are nominated at the general State primary held on the eighth 
Tuesday prior to the general election, i.e., September 12, 2000 
(Arizona Revised Statutes, Sec. 16-201). The nomination paper of a 
candidate for presidential elector shall be filed with the Secretary of 
State no later than 5:00 p.m. on the last date for filing, not less 
than 90 days or more than 120 days before the primary election 
(Sec. 16-344, 16-311E). The chairman of the State committee of a 
political party which is qualified for continued represention on the 
ballot as provided in Sec. 16-804 shall appoint candidates for the 
office of presidential elector equal to the number of United States 
Senators and Representatives in Congress from this State and shall file 
a nomination paper and affidavit for each candidate in compliance with 
the requirements for candidates as provided in Sec. 16-311. (Sec. 16-
344, Supp.).
(2) Minor and new parties
A new political party may become eligible for recognition and shall be 
represented by an official party ballot at the next ensuing regular 
primary election and accorded a column on the official ballot at the 
succeeding general election upon filing with the Secretary of State a 
petition signed by a number of qualified electors equal to not less 
than one and one-third percent of the votes cast for governor or 
presidential electors at the last preceding general election (Sec. 16-
801).
(3) Independent candidates
A nominating petition, signed by at least three percent of the 
qualified electors of the State who have not signed the nomination 
petitions of a candidate for the office to be voted for at the last 
primary election and who are not members of a political party that 
qualified to be represented on the primary and general election ballot. 
The nominating petition is to be filed with the Secretary of State no 
later than 5:00 p.m. not less than 90 nor more than 120 days before the 
primary election for that office. (Sec. 16-341(C), 16-311(A), Supp.).

b. names on general election ballots
When presidential electors are to be voted for, the candidates therefor 
of each party shall be grouped and printed together, arranged in each 
group in alphabetical order, and the entire group of electors of each 
party shall be enclosed in a scroll or bracket to the right and 
opposite the center on which shall be printed in bold type the surname 
of the presidential candidate represented. To the right of and on a 
line with the surname shall be placed a square in which the voter may 
indicate his choice by the mark X, and one such mark opposite a group 
of presidential electors shall be counted as vote for each elector in 
such group (Sec. 16-507).

c. statutory instructions
None.

ARKANSAS
Presidential Electors: 6

a. nomination
(1) Major parties
In each year in which a President and Vice President of the United 
States are chosen, each political party or group in the State shall 
choose by its State convention electors of President and Vice President 
of the United States (Arkansas Code Annotated, Sec. 7-8-302, Supp.). 
The State convention of such party or group shall also choose electors 
at large, if any are to be appointed for the State and such State 
convention of such party or group shall by its chairman and secretary 
certify the total list of such electors together with electors at large 
so chosen to the Secretary of State. The certificate shall be filed no 
later than September 15 (Sec. 7-8-302, Supp.). The filing of such 
certificate with said Secretary of State, of such choosing of electors 
shall be deemed and taken to be the choosing and selection of the 
electors of this State, if such party or group is successful at the 
polls as herein provided in choosing their candidates for President and 
Vice President of the United States (Sec. 7-8-302, Supp.). The 
certification by the parties of electors is to be made to the Secretary 
of State within two days after the state convention. Sec. 7-8-
302(1)(C).
(2) Minor and new parties
In order to have the name of a party's candidates for President and 
Vice President printed on the ballots, a political party shall nominate 
by primary election. A new political party formed pursuant to petition 
process may nominate by convention if the presidential election is the 
first general election after certification as a party. Sec. 7-8-
302(5)(A). A political group desiring to have the names of its 
candidates for President and Vice President printed on the ballot shall 
file a petition with the Secretary of State by noon of the first Monday 
in August containing one thousand qualified electors declaring their 
desire to have the names of their candidate for President and Vice 
President printed on the ballot. 7-8-302(B).
(3) Independent candidates
Any person desiring to have his name placed upon the ballot as an 
independent candidate without political party affiliation for any 
State, county, township or district office, shall in any general 
election in this State file as an independent candidate a notice of 
candidacy identifying the elective office, and a nominating petition 
not later than twelve o'clock (12:00) noon on the third Tuesday in 
March immediately preceding the preferential  primary election, and 
shall furnish at the time he files as an independent candidate 
[petitions] signed by not less than three percent (3%) of the qualified 
electors of the State, or 10,000 signatures of qualified electors 
whichever is the lesser, each of whom shall be a registered voter and 
such petitions shall be directed to the official with whom such person 
is required by law to file nomination certificates to qualify as a 
candidate, requesting that the name of such person be placed on the 
ballot for election to the office mentioned in the petition. Such 
petitions shall be circulated not earlier than sixty (60) calendar days 
prior to the deadline for filing such petitions to qualify as an 
independent candidate (Sec. Sec. 7-7-103(b), 7-6-102(a)).

b. names on general election ballots
The names of candidates of political parties or groups for electors of 
the President and Vice President shall not be printed on the general 
election ballot. In lieu thereof, the names of the candidates for 
President and Vice President with the particular party designation of 
each shall be so printed. A vote for the presidential and vice 
presidential candidates shall be deemed to be a vote for the electors 
thereof (Sec. 7-8-302(4)(A)).
If more than one certificate of choice and selection of electors of the 
same political party or group is filed, the constitutional officers of 
the State shall determine which set was chosen by the authorized 
convention of a party or group (Sec. 7-8-302(2)(A)).

c. statutory instructions
The electors shall meet at the office of the Secretary of State in the 
State capitol at the time appointed by the laws of the United States at 
10:00 a.m., and give their votes for President and Vice President of 
the United States, and perform such duties as are or may be required by 
law (Sec. 7-8-306).

CALIFORNIA
Presidential Electors: 54

a. nomination
(1) Established political parties (Cal. Election Code, Sec. 6901).
(a) Democratic Party
In each year of the general election at which electors of President and 
Vice President of the United States are to be chosen, each 
congressional nominee shall designate one presidential elector and 
shall file his or her name, residence and business address with the 
Secretary of State by October 1 of the presidential election year. Each 
United States senatorial nominee, determined by the last two United 
States senatorial elections, shall designate one presidential elector 
and shall file his or her name, residence and business address with the 
Secretary of State by October 1 of the presidential election year. In 
the event there is no United States senatorial nominee or no 
congressional nominee in any particular district, the State chairman 
shall designate one presidential elector for each vacancy and shall 
file his or her name, residence and business address with the Secretary 
of State by October 1 of the presidential election year (Cal. Election 
Code, Sec. 7100).
(b) Republican Party
In each year of the general election at which electors of President and 
Vice President of the United States are to be chosen, the Republican 
nominees for Governor, Lieutenant Governor, Treasurer, Controller, 
Attorney General, and Secretary of State, the Republican nominees for 
United States Senator at the last two United States senatorial 
elections, the Assembly Republican leader, the Senate Republican 
leader, all elected officers of the Republican State Central Committee, 
the National Committeeman and National Committeewoman, the President of 
the Republican County Central Committee Chairmen's Association, and the 
chairman or president of each Republican volunteer organization 
officially recognized by the Republican State Central Committee shall 
act as presidential electors, except that Senators, Representatives, 
and persons holding an office of trust or profit of the United States 
shall not act as electors. The remaining presidential elector 
positions, and any vacant positions, shall be filled by appointment of 
the Chairman of the Republican State Central Committee in accordance 
with the bylaws of the committee. The name, residence and business 
address of each such appointee shall be filed with the Secretary of 
State by October 1st of the presidential election year. The Republican 
State Central Committee shall adopt bylaws implementing the provisions 
of this section (Cal. Election Code, Sec. 7300).
(2) Minor and new parties
(c) American Independent Party
The convention shall nominate electors of President and Vice President 
and certify to Secretary of State. (Cal. Election Code, Sec. 7578)
(d) Peace and Freedom Party
The convention meeting of the State Central Committee shall nominate 
electors of President and Vice President, 50 percent of whom shall be 
women, and 50 percent men. (Cal. Election Code, Sec. 7843).
Minor and new parties select their candidates for presidential electors 
at respective State conventions and certify the names of the electors 
nominated to the Secretary of State in a similar method as any 
established party. (Cal. Election Code, Sec. 5006).
(3) Independent candidates
Whenever a group of candidates for presidential electors, equal in 
number to the number of presidential electors to which this State is 
entitled, files a nomination paper with the Secretary of State pursuant 
to this chapter, the nomination paper may contain the name of the 
candidate for President of the United States and the name of the 
candidate for Vice President of the United States for whom all of those 
candidates for presidential electors pledge themselves to vote 
(Sec. 8303).
When a group of candidates for presidential electors designates the 
presidential and vice presidential candidates for whom all of the group 
pledge themselves to vote, the names of the presidential candidate and 
vice-presidential candidate designated by that group shall be printed 
on the ballot pursuant to Chapter 2. (Sec. 8304).
Nomination papers for a statewide office for which the candidate is to 
be nominated shall be signed by voters of the State equal to not less 
in number than one percent of the entire number of registered voters of 
the State at the time of the close of registration prior to the 
preceding general election (Sec. 8400).
Nomination papers shall be prepared, circulated, signed and delivered 
to the county elections official for examination no earlier than 148 
days before the election and no later than 5:00 p.m. 88 days before the 
election (Sec. 8403).

b. names on general election ballots
The names of the candidates for President and Vice President of the 
several political parties are printed on the ballot. Names of the 
candidates for electors shall not be printed on the ballot 
(Sec. Sec. 13103, 13109, 13111).

c. statutory instructions
The electors chosen shall assemble at the State Capitol at 2:00 o'clock 
in the afternoon on the first Monday after the second Wednesday in 
December next following their election (Sec. 6904).
In case of the death or absence of any elector chosen, or if the number 
of electors is deficient for any other reason, the electors then 
present shall elect, from the citizens of the State, as many persons as 
will supply the deficiency (Sec. 6905).
The electors, when convened, if both candidates are alive, shall vote 
by ballot for that person for President and that person for Vice 
President of the United States, who are respectively, the candidates of 
the political party which they represent, one of whom, at least, is not 
an inhabitant of this State (Sec. 6906).

COLORADO
Presidential Electors: 8

a. nomination
(1) Major parties
The nomination of presidential electors may be by State party 
convention, or a committee authorized by such convention, or by 
petition for nomination of an independent candidate (Colorado Revised 
Statutes, Sec. Sec. 1-4-302, 1-4-701). Any convention of delegates of a 
political party or any committee authorized by resolution of such 
convention may nominate presidential electors. All nominations for 
vacancies for presidential electors made by the convention or a 
committee authorized by such convention shall be certified by affidavit 
of the presiding officer and secretary of the convention or committee 
(Sec. 1-4-302).

(2) Minor and new parties
A minor political party is a party other than a major political party 
which has satisfied one of the conditions in Sec. 1-4-130(1) or has 
submitted a petition according to 1302. A ``major political party'' 
means one whose candidate for Governor at the last preceding 
gubernatorial election received at least ten percent of the total votes 
cast. (Sec. 1-1-104 (22), as amended by Colorado Session Laws, Ch. 95, 
1998).``Political organization'' means any group of qualified electors 
who, by petition for nomination of an independent candidate as provided 
in section 1-4-801, places upon the official general election ballot 
nominees for public office (Sec. 1-1-104(24)).
Minor political parties may nominate candidates for presidential 
electors in the same manner as major political parties. Groups of 
voters which do not qualify as a major or minor political party may 
nominate candidates for presidential electors in the same manner as 
independent candidates (Sec. Sec. 1-4-302, 303).

(3) Independent (unaffiliated) candidates
Not later than 120 days before the general election, persons who desire 
to be an unaffiliated candidate for President and Vice President shall 
submit to the Secretary of State either a notarized candidate's 
statement of intent with a non-refundable filing fee, or a petition for 
nomination pursuant to the provisions of section 1-4-802 which shall 
include on the petition the names of registered electors who are thus 
nominated as presidential electors. The acceptance of each of the 
electors shall be endorsed as appended to the first or last page of the 
nominating petition or the filing fee (Sec. 1-4-303).
Candidates for public offices to be filled at a general election who do 
not wish to affiliate with a political party may be nominated, other 
than by a primary election or a convention, in the following manner:
(a) A petition for nominating independent candidates shall be prepared 
which shall contain the names and addresses of any candidates for the 
offices to be filled. The petition shall designate in not more than 
three words the political or other name which the signers select. No 
name of any political party shall be used, in whole or in part, for 
this purpose.
(b) In the case of nominations for electors of President and Vice 
President of the United States, the names of the candidates for 
President and Vice President may be added to the political or other 
name designated on the petition.
(c) The petition shall be signed by registered electors residing within 
the district or political subdivision in which the officers are to be 
elected to the number of at least five thousand for the office of 
President and the office of Vice President.
(d) No petition, except petitions for candidates for vacancies to 
unexpired terms of Representatives in Congress and for presidential 
electors, shall be circulated or any signatures obtained thereon 
earlier than one hundred sixty five days before the general election.
Petitions shall be filed not later than 3 p.m. on the 120th day before 
the general election or 3 p.m. on the fifty-fifth day preceding the 
congressional vacancy election.
(g) No person shall be placed in nomination by petition unless the 
person is a registered elector of the political subdivision or district 
in which the officer is to be elected and unless he was registered as 
unaffiliated, as shown on the books of the county clerk and recorder, 
for at least twelve months prior to the last date the petition maybe 
filed; except that, if such nomination is for a nonpartisan election, 
such person shall be a registered elector of such political subdivision 
or district and be a registered elector, as shown on the books of the 
county clerk and recorder, on the date of the earliest signature on the 
petition (Sec. 1-4-802, as amended by Colorado Session Laws, Ch. 211, 
1999).

b. names on general election ballots
The names of the presidential electors shall not be printed upon the 
ballot, but the names of the candidates of their respective parties or 
political groups for President and Vice President shall be printed 
together in pairs under the title ``Presidential Electors.'' A vote for 
any such pair of candidates shall be a vote for the electors of the 
party or political group by which such candidates were named (Sec. 1-5-
403)(2)).

c. statutory instructions
The electors of President and Vice President of the United States shall 
convene at the capital of the State, in the office of the Governor at 
the capitol building, on the first Monday after the second Wednesday in 
December next after their election at the hour of twelve noon and take 
the oath required by law for such presidential electors. If there is 
any vacancy in the office of presidential electors occasioned by death, 
refusal to act, absence, or other cause, the presidential electors 
present shall immediately proceed to fill such vacancy in the Electoral 
College. When the vacancies have been filled, they shall proceed to 
perform the duties required of such presidential electors by the 
Constitution and laws of the United States, and vote for President and 
Vice President by open ballot.
The Secretary of State shall give notice in writing to each of the 
presidential electors, at least ten days prior thereto, of the time and 
place of said meeting. The Secretary of State shall provide such 
presidential electors with the necessary blanks, forms, certificates, 
or other papers or documents required to enable them to properly 
perform their duties. If desired, such presidential electors may have 
the advice of the Attorney General of the State respecting their 
official duties. Each presidential elector shall vote for the pair of 
presidential and vice presidential candidates who received the highest 
number of votes at the preceding general election in this State. 
(Sec. 1-4-304).
Every presidential elector of this State who attends and gives his vote 
for those officers at the time and place appointed by law shall be 
entitled to receive the sum of five dollars per day for each day's 
attendance at such election and fifteen cents per mile for each mile he 
travels in going to and returning from the place where the electors 
meet, by the most usual route traveled, to be paid out of the general 
fund. The controller shall audit the amount and draw his warrant for 
the same (Sec. 1-4-305).

CONNECTICUT
Presidential Electors: 8

a. nomination
(1) Major parties
The electors in the several towns in the State, at the State election 
in 1964, and quadrennially thereafter, shall elect electors of 
President and Vice President of the United States, not exceeding in 
number the whole number of Senators and Representatives to which the 
State is then entitled in the Congress of the United States. Voting 
shall be conducted and the result declared, and the returns thereof 
made, as is provided in respect to State elections. The Secretary of 
State shall, on or before the first Monday of October of the year in 
which such presidential electors are to be elected, transmit blank 
forms to the several town clerks for the return of the votes; and the 
lists and returns of the votes shall be made out, certified and 
directed according to such forms (Connecticut General Statutes 
Annotated, Sec. 9-175).
Generally the nomination of electors of President and Vice President is 
by political conventions of the respective major parties (Sec. 9-175).
(2) Minor and new parties
A minor party is a political party or organization which is not a major 
party and whose candidate for the office in question received at the 
last-preceding regular election for such office, under the designation 
of that political party or organization, at least one per cent of the 
whole number of votes cast for all candidates for such office at such 
election (Sec. 9-372(6)).
At least one copy of the party rules regulating the manner of 
nominating its candidates must be filed with the Secretary of State at 
least 60 days before the nomination (Sec. 9-374; 9-451).
(3) Independent candidates
An individual may also obtain a place on the election ballot label by 
nominating petition. No name of any candidate shall be printed on any 
official ballot at any election except the name of a candidate 
nominated by a major or minor party unless a nominating petition for 
such candidate is approved by the Secretary of State as provided in 
sections 9-453a to 9-453p, inclusive (Sec. 9-379).
Application must be accompanied by a signed statement of candidate's 
consent and the party designation, if any. Signatures of qualified 
voters are required, equal in number to the lesser of one percent of 
all votes cast for the same office at the last preceding election for 
such office, or seven thousand five hundred. The petition should be 
filed with the town clerk of each town in which it was circulated at 
least 10 weeks before election with a statement of each circulator of 
the nominating petition (Sec. Sec. 9-453b to 9-453d, 9-453i).

(4) Write-in presidential and vice presidential candidates
In the case of a write-in candidate for President of the United States, 
such candidate may register his candidacy with the Secretary of the 
State by submitting his name and the names of a vice presidential 
candidate and candidates for the office of elector in a number not 
exceeding the whole number of electors to which the State is then 
entitled. Such registration shall be on a form prescribed by the 
Secretary of the State, which form shall include a statement of consent 
to being a candidate by each proposed candidate for elector and by the 
candidate for Vice President. Such registration shall not include a 
designation of political party. A candidate for President may register 
at any time after January first of the election year and not later than 
four o'clock p.m. on the fourteenth day preceding the election at which 
the offices of presidential elector and vice presidential elector are 
being contested. If a candidate has so registered, a vote may be cast 
by write-in ballot for such candidate by writing in the last name of 
the candidate for President and the last name of the candidate for Vice 
President or only the last name of the candidate for President; such 
write-in ballot shall be counted, and shall be in all respects 
effective, as a vote for of the presidential electors representing such 
candidates for President and Vice President. No person nominated for 
the office of President, or presidential elector by a major or minor 
party or by nominating petition shall register as a write-in candidate 
for such office under the provisions of this section and any such 
registration of a write-in candidacy filed by such a person shall be 
void (Sec. 9-175(b)).

b. names on general election ballots
When an election is to be held for the choice of presidential electors, 
if any political party has nominated candidates for President and Vice 
President of the United States, and presidential electors to vote for 
such presidential and vice presidential candidates have been nominated 
by a political convention of such party in this State, or in such other 
manner as entitles the names of such electors to be placed upon the 
official ballots to be used in such election, the Secretary of State 
and any other official charged with the preparation of official ballots 
to be used in such election, in lieu of placing the names of such 
presidential electors on such official ballots, shall place on such 
official ballots a space with the words ``Presidential electors for 
(here insert the last name of the candidate for President, the word 
`and' and the last name of the candidate for Vice President)''; and a 
vote cast therefor shall be counted, and shall be in all respects 
effective, as a vote for each of the presidential electors representing 
such candidates for President and Vice President (Sec. 9-175).

c. statutory instructions
The presidential electors shall meet at the office of the Secretary of 
the State at 12:00 o'clock noon, on the first Monday after the second 
Wednesday of the December following their election and, as required by 
the Constitution and laws of the United States, shall cast their 
ballots for President and Vice President. Each such elector shall cast 
his ballots for the candidates under whose names he ran on the official 
election ballot, as provided in section 9-175. If any such elector is 
absent or if there is a vacancy in the Electoral College for any cause, 
the electors present shall, before voting for President and Vice 
President, elect by ballot an elector to fill such vacancy, and the 
person so chosen shall be a presidential elector, shall perform the 
duties of such office and shall cast his ballots for the candidates to 
whom the elector he is replacing was pledged (Sec. 9-176).

DELAWARE
Presidential Electors: 3

a. nomination
(1) Political parties
The method of nominating candidates for the national Electoral College, 
. . . and for formulation of the party platform may be by convention. 
(Title 15, Sec. 3113).
The nominations of the candidates for electors of President and Vice 
President of the United States, together with the names of the 
candidates for President and Vice President, and for United States 
Senator, Representative in Congress, Governor and all other State 
offices shall be certified to the State Election Commissioner by the 
presiding officer and secretary of the State convention or committee of 
each political party eligible to place candidates upon the ballot. The 
Commissioner shall forthwith send copies of each certificate of 
nomination to each county department of elections (Delaware Code 
Annotated, tit. 15, Sec. 3301(a)).
No candidate for the office of elector of President and Vice President 
shall be deemed nominated and no certificate of nomination for such 
candidate shall be made or filed, nor shall the name of any such 
candidate be placed on the ballot in any general election in this 
State, unless the candidate:
(a) shall have been so nominated by receiving more than 50% of the 
eligible delegate vote on the final polled vote of a State nominating 
convention of the political party advancing his candidacy, at a 
convention held not later than the fourth Saturday in August in the 
year of such general election and who was not required to run in a 
primary election; or
(b) shall have received a majority of the votes cast by registered 
voters of the political party advancing his candidacy at a statewide 
primary election held pursuant to Chapter 31 of this title (tit. 15, 
Sec. 3301(d)).
``Party'' or ``Political Party'' in Delaware is defined as any 
political organization which nominates candidates for electors of 
President and Vice President, or nominates candidates for offices to be 
decided at the general election, and elects a State committee and 
officers of a State committee, by a State convention composed of 
elected members from each representative district, in which the party 
has registered members (tit. 15, Sec. 101(13)).
(2) Unaffiliated Candidates
Unaffiliated candidates may appear on the general election ballot if 
such candidate files a declaration of candidacy that he is 
unaffiliated, has been for at least three months prior to filing, and 
files a nominating petition 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. (tit. 15, Sec. 3002).

b. names on general election ballots
Nominees of any party and qualifying unaffiliated candidates for 
President and Vice President are placed on the ballot. A vote for the 
candidates for President and Vice President shall be a vote for the 
electors of such party, the names of whom are on file with the 
Secretary of State (tit. 15, Sec. Sec. 4502; 5704).

c. statutory instructions
The Governor in October next preceding every election of presidential 
electors shall by proclamation make known the number of presidential 
electors to be chosen and the day of the election (tit. 15, Sec. 4302). 
The electors chosen or appointed for the election of a President and 
Vice President shall meet and give their votes at Dover on the day 
determined by Congress for that purpose (tit. 15, Sec. 4303).

DISTRICT OF COLUMBIA
Presidential Electors: 3

a. nomination
(1) Major parties
Each political party who has had its candidate elected as President of 
the United States after January 1, 1950, shall be entitled to nominate 
candidates for presidential electors. The executive committee of the 
organization recognized by the national committee of each such party as 
the official organization of that party in the District of Columbia 
shall nominate by appropriate means the presidential electors for that 
party. Nominations shall be made by message to the Board of Elections 
and Ethics on or before September 1 next preceding a presidential 
election. (District of Columbia Code, Sec. 1-1312(d))
No person may be elected as a presidential elector in the District 
unless (a) he is a registered voter in the District, and (b) he has 
been a bona fide resident of the District for a period of 3 years 
immediately preceding the date of the presidential election (Sec. 1-
1312(g)).
(2) Minor and new parties
A minor party is a party which has not had its candidate elected as 
President of the United States after January 1, 1950 (Sec. 1-1312(d)). 
A minor or a new party may have the names of its candidates for 
President and Vice President of the United States printed on the 
general election ballot provided a petition nominating the appropriate 
number of candidates for presidential electors signed by at least one 
percent of registered qualified electors of the District of Columbia, 
as of July 1 of the year in which the election is to be held is 
presented to the Board on or before the third Tuesday in August 
preceding the date of the presidential election (Sec. 1-1312(f)).
(3) Independent candidates
No provision.

b. names on general election ballots
The names of the candidates of each political party for President and 
Vice President shall be placed on the ballot under the party title and 
device. The names of persons nominated as candidates for electors of 
President and Vice President shall not appear on the ballot (Sec. 1-
1312(e)). Each vote cast for the candidate for President or Vice 
President whose name appears on the general election ballot shall be 
counted as a vote cast for the candidates for presidential electors of 
the party supporting such presidential and vice presidential candidate 
(Sec. 1-1314(a)(2)).

c. statutory instructions
Each person elected as elector of President and Vice President shall, 
in the presence of the Board of Elections, take an oath or solemnly 
affirm that he will vote for the candidates of the party he has been 
nominated to represent, and it shall be his duty to vote in such manner 
in the Electoral College (Sec. 1-1312(g)).

FLORIDA
Presidential Electors: 25

a. nomination
(1) Major parties
The Governor shall nominate the presidential electors of each political 
party. He shall nominate only the electors recommended by the State 
executive committee of the respective political party. Each such 
elector shall be a qualified elector of the party he represents who has 
taken an oath that he will vote for the candidates of the party that he 
is nominated to represent. The Governor shall certify to 
the  Department of State on or before September 1, in each presidential 
election year, the names of a number of electors for each political 
party equal to the number of Senators and Representatives which this 
State has in Congress (Florida Statutes Annotated, Sec. 103.021(1)).
(2) Minor and new parties
A minority political party is any such group, as defined above, which 
on January 1 preceding a primary election does not have registered as 
members five percent of the total registered electors of the State 
(Sec. 97.021(14)). A minor political party may have the names of its 
candidates for President and Vice President printed, and independent 
candidates for President and Vice President may have their names 
printed, on the general election ballots if a petition is signed by one 
percent of the registered electors of this State, as shown by the 
compilation by the Department of State for the last preceding general 
election. A separate petition from each county for which signatures are 
solicited shall be submitted to the supervisor of elections of the 
respective county no later than July 15 of each presidential election 
year. The supervisor shall check the names and, on or before the date 
of the first primary, shall certify the number shown as registered 
electors of the county. The supervisor shall be paid by the person 
requesting the certification the cost of checking the petitions as 
prescribed in section 99.097. The supervisor shall then forward the 
certificate to the Department of State which shall determine whether or 
not the percentage factor required in this section has been met. When 
the percentage factor required in this section has been met, the 
Department of State shall order the names of the candidates for whom 
the petition was circulated to be included on the ballot and shall 
permit the required number of persons to be certified as electors in 
the same manner as other party candidates (Sec. 103.021(3)).
Any minor political party which has met the petitioning requirements of 
section 99.096 (signatures of three percent of registered electors) and 
will have the names of a candidate or candidates for any office or 
offices to be filled by a statewide election printed on the general 
election ballot, and which minor party is affiliated with a national 
party holding a national convention to nominate candidates for 
President and Vice President of the United States, may have the names 
of its candidates for President and Vice President of the United States 
printed on the general election ballot by filing with the Department of 
State a certificate naming the candidates for President and Vice 
President and listing the required number of persons to serve as 
electors. Notification to the Department of State under this subsection 
shall be made by September 1 of the year in which the election is held. 
When the Department of State has been so notified, it shall order the 
names of the candidates for whom the petition was circulated to be 
included on the ballot and shall permit the required number of persons 
to be certified as electors in the same manner as other party 
candidates (Sec. 103.021(4)).

(3) Write-in candidates
Persons seeking to qualify for election as write-in candidates for 
President and Vice President of the United States may have a blank 
space provided on the general election ballot for their names to be 
written in by filing an oath with the Department of State at any time 
after the 57th day, but before noon of the 49th day, prior to the date 
of the first primary election in the year in which a presidential 
election is held. The Department of State shall prescribe the form to 
be used in administering the oath. The candidates shall file with the 
department a certificate naming the required number of persons to serve 
as electors. Such write-in candidates shall not be entitled to have 
their names on the ballot (Sec. 103.022).

b. names on general election ballots
On the ballot shall be printed the heading ``Electors for President and 
Vice President'' and thereunder the names of the candidates for 
President and Vice President nominated by the political party which 
received the highest vote for Governor in the last general election of 
the Governor in the State, above which shall appear the name of the 
said party, then shall appear the names of other candidates for 
President and Vice President who have been properly nominated 
(Sec. 101.151(3)).

c. statutory instructions
Each presidential elector shall, before 10 a.m. on the day fixed by 
Congress to elect a President and Vice President, give notice to the 
Governor that he is in Tallahassee and ready to perform the duties of 
presidential elector. The Governor shall forthwith deliver to the 
presidential electors present a certificate of the names of all the 
electors; and if, on examination thereof, it should be found that one 
or more electors are absent, the electors present shall elect by 
ballot, in the presence of the Governor, a person or persons to fill 
such vacancy or vacancies as may have occurred through the 
nonattendance of one or more of the electors (Sec. 103.061).

GEORGIA
Presidential Electors: 13

a. nomination
(1) Major parties
Any political party desiring to nominate its presidential electors by 
convention, any political body desiring to nominate its candidates 
qualifying with petitions by convention shall through its State 
executive committee, adopt rules and regulations governing the holding 
of such conventions for such nomination of candidates. Such rules and 
regulations shall be filed with the Secretary of State, and no 
amendment to such rules and regulations shall be effective unless filed 
with the Secretary of State at least 30 days prior to the date of such 
convention. The State party or body chairman of such political party or 
body and its secretary shall accompany the filing of such rules and 
regulations with their certificate  certifying that the rules and 
regulations therein filed are a true and correct copy of the rules and 
regulations of the party pertaining to the nomination of candidates by 
the convention method (Code of Georgia Annotated, Sec. 21-2-172, 
Supp.).
Political bodies shall hold their conventions in accordance with Code 
Section 21-2-172 and candidates nominated for statewide public office 
in convention shall file a notice of candidacy no earlier than 9:00 
a.m. fourth Monday in June and no later than 12:00 noon on the Friday 
following the fourth Monday in June; provided, however, that the 
political body must file its qualifying petition no later than 12:00 
noon on 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, Supp.).
(2) Minor and new parties
Political parties polling less than 20 percent of the vote cast at the 
preceding general election are known as ``political organizations.''
``Political party'' is defined as a political organization whose 
candidate at the preceding gubernatorial election polled at least 20 
percent of the total vote cast in the State for Governor or who 
nominated a candidate for President at the preceding presidential 
election and whose candidates for presidential electors polled at least 
20 percent of the total vote cast in the nation for that office 
(Sec. 21-2-2 (20), (21), (24), (25)).
Any candidate required to have his notice of candidacy be sent with the 
nomination petition must file his notice of candidacy and an affidavit 
no later than 12:00 noon on the Friday following the fourth Monday in 
June prior to the general election (Sec. 21-2-132, Supp.).
All candidates are required to accompany their notice of candidacy with 
a nomination petition unless the candidate is either a nominee of a 
political party for the office of presidential elector when such party 
has held a national convention and nominated candidates for President 
and Vice President of the United States, or the nomineee of a political 
party nominated in a primary held by such party (Sec. 21-2-132, Supp.). 
The nominating petitions must be signed by not less than 1 percent of 
the voters eligible to vote in the next election for the filing of the 
office the candidate is seeking. (Sec. 21-2-170(b), Supp.). The persons 
signing must declare that they are so qualified (Sec. 21-2-170, Supp.).
Such nominating petition offered by a political body seeking to have 
the names of their candidates for presidential electors placed on the 
ballot shall be compiled so that the entire slate of candidates shall 
be listed together on the same petition (Sec. 21-2-170(c), Supp.).
(3) Independent candidates
A person can become a candidate for Federal or State office by filing a 
notice of candidacy with the Secretary of State no earlier than 9:00 
a.m. on the fourth Monday in June immediately prior to the election, 
and no later than 12:00 noon on the Friday following the fourth Monday 
in June preceding the general election (Sec. 21-2-132(c), Supp.). A 
nomination petition for a slate of electors must be signed by a number 
of voters equal to 1 percent of the total number of registered voters 
eligible to vote in the last presidential election (Sec. 21-2-170(b), 
Supp.). The nomination petition is filed at the same time as the notice 
of candidacy.
A candidate must file with the notice of candidacy an affidavit stating 
among other things that he is an elector of the county of his residence 
eligible to vote in the election in which he is a candidate and that he 
is eligible to hold such office (Sec. 21-2-132(e), Supp.).

b. names on general election ballots
When presidential electors are to be elected, the names of the nominees 
of each political party or body for such offices shall be arranged 
alphabetically under the names of the candidates of the party or body 
for President and Vice President of the United States. (Sec. 21-2-
285(e)).

c. statutory instructions
The presidential electors shall assemble at the seat of government of 
the State at 12:00 o'clock noon of the day which is, or may be, 
directed by the Congress of the United States, and shall then and there 
perform the duties required of them by the Constitution and laws of the 
United States (Sec. 21-2-11).

HAWAII
Presidential Electors: 4

a. nomination
(1) Major parties
In each year when electors of President and Vice President of the 
United States are to be chosen, each of the political parties or 
parties or groups qualified under section 11-113 of the Hawaii Revised 
Statutes, shall hold a State party or group convention pursuant to the 
constitution, bylaws, and rules of the party or group; and nominate as 
candidates for its party or group as many electors, and a first and 
second alternate for each elector, or President and Vice President of 
the United States as the State is then entitled. The electors and 
alternates shall be registered voters of the State. The names and 
addresses of the nominees shall be certified by the chairman and 
secretary of the convention of the respective parties or groups and 
submitted to the chief election officer not later than 4:30 p.m. on the 
sixtieth day prior to the general election of the same year. The chief 
election officer upon receipt thereof shall immediately notify each of 
the nominees for elector and alternate elector of the nomination 
(Hawaii Revised Statutes, Sec. 14-21).
If more than one certificate of choice and selection of presidential 
electors and alternate electors of the same political party or group is 
filed with the chief election officer, as chairman of the contested 
presidential electors' committee hereby constituted, the chief election 
officer shall notify the State Comptroller and Attorney General, who 
are the remaining members of the committee, of the date, time, and 
place of the hearing to be held for the purposes of making a 
determination of which set of electors and alternate electors  were 
lawfully chosen and selected by the political party or group. Notice of 
the hearing shall be given to the chairman of the State central 
committee of each political party and the chairman of each party or 
group qualified under section 11-113 of the Hawaii Revised Statutes, 
contestants for the positions of electors and alternate electors by 
written notice, and to all other interested parties by publication at 
least once in a newspaper of general circulation. A determination shall 
be made by the committee by majority vote not later than 4:30 p.m. on 
October 30 of the same year and the determination shall be final. 
Notice of the results shall be given to the nominees duly determined to 
have been chosen (Sec. 14-22).

(2) Minor and new parties
(a) The term ``political party'' means any party which has qualified as 
a political party under sections 11-62 and 11-64 and has not been 
disqualified by this section. A political party shall be an association 
of voters united for the purpose of promoting a common political end or 
carrying out a particular line of political policy and which maintains 
a general organization throughout the State, including a regularly 
constituted central committee and county committees in each county 
other than Kalawao.
(b) Any party which does not meet the following requirements or the 
requirements set forth in sections 11-62 to 11-64, shall be subject to 
disqualification:
(1) A party must have had candidates running for election at the last 
general election for any of the offices listed in paragraph (2) whose 
terms had expired. This does not include those offices which were 
vacant because the incumbent had died or resigned before the end of the 
incumbent's term; and
(2) The party received at least ten percent of all votes cast:
(A) For any of the offices voted by all the voters in the State;
(B) In at least fifty percent of the congressional districts;
(C) In at least the six senatorial districts with the lowest votes cast 
for the office of state senator; or
(D) In at least fifty percent of the representative districts for the 
office of state representative.
Any group of persons hereafter desiring to form a new political party 
in the State shall file with the chief election officer a petition as 
hereinafter provided. The petition for the formation of a new political 
party shall:
(1) Be filed not later than 4:30 p.m. on the one hundred seventieth day 
prior to the next primary;
(2) Declare as concisely as may be the intention of signers thereof to 
form such new statewide political party in the State and state the name 
of the new party;
(3) Contain the signatures of currently registered voters comprising 
not less than one percent of the total registered voters of the State 
as of the last preceding general election;
(4) Be accompanied by the names and addresses of the officers of the 
central committee and of the respective county committee, where they 
exist, of the new political party and by the party rules; and
(5) Be upon the form prescribed and provided by the chief election 
officer.
The petition shall be subject to hearing under chapter 91, if any 
objections are raised by the chief election officer or any political 
party. All objections shall be made not later than 4:30 p.m. on the 
twentieth business day after the petition has been filed. The Chief 
Election Officer may extend the objection period up to an additional 
ten business days, if the group of persons desiring to qualify as a 
political party is provided with notice of extension and the reasons 
therefore. If no objections are raised by 4:30 p.m. on the twentieth 
business day, or the extension thereof, the petition shall be approved. 
If an objection is raised, a decision shall be rendered not later than 
4:30 p.m. on the thirtieth day after filing of the objection or not 
later than 4:30 p.m. on the one hundredth day prior to the primary, 
whichever shall first occur.
The chief election officer may check the names of any persons on the 
petition to see that they are registered voters and he may check the 
validity of their signatures. The petition shall be public information 
upon filing (Sec. 11-62).
All parties must file their rules with the chief election officer not 
later than 4:30 p.m. on the one hundred fiftieth day prior to the next 
primary. All amendments shall be filed with the chief election officer 
not later than 4:30 p.m. on the thirtieth day after their adoption. The 
rules and amendments shall be duly certified to by an authorized 
officer of the party and upon filing, the rules and amendments thereto 
shall be a public record (Sec. 11-63).
All nominations must be made by primary elections (Sec. 12-1), except 
presidential electors who are nominated by State party conventions. 
Names of such latter nominees shall be submitted to the chief election 
officer no later than 4:30 p.m. on the sixtieth day prior to the 
general election (Sec. 14-21).
(3) Independent candidates
In the case of candidates of parties or groups not qualified to place 
candidates on the primary or general election ballots, the person 
desiring to place such names on the general election ballot shall file 
with the chief election officer not later than 4:30 p.m. on the 
sixtieth day prior to the general election:
(a) a sworn application concerning candidates for electors;
(b) a petition which shall be upon the form prescribed and provided by 
the chief election officer containing the signatures of currently 
registered voters which constitute not less than one percent of the 
votes cast in the State at the last general election. The petition 
shall contain the names of the candidates, a statement that the persons 
signing intend to support such candidates, the address of each 
signatory, the date of his signature and other information as 
determined by the chief election officer.
Prior to being issued the petition form, the person desiring to place 
the names on the general election ballot shall submit a notarized 
statement from each candidate of that  person's intent to be a 
candidate for President or Vice President of the United States on the 
general election ballot in the State of Hawaii.
Each applicant, and the candidates named, shall be notified in writing 
of the applicant's or candidates' eligibility or disqualification for 
placement on the ballot not later than 4:30 p.m. on the tenth day after 
filing. The Chief Election Officer may extend the notification period 
up to an additional five business days, if the applicants and 
candidates are provided with notice of the extensions and the reasons 
therefore.
If the applicant, or any other party, individual, or group with a 
candidate on the presidential ballot, objects to the finding of 
eligibility or disqualification the person may, not later than 4:30 
p.m. on the fifth day after the finding, file a request in writing with 
the chief election officer for a hearing on the question. A hearing 
shall be called not later than 4:30 p.m. on the tenth day after the 
receipt of the request and shall be conducted in accord with chapter 
91. A decision shall be issued not later than 4:30 p.m. on the fifth 
day after the conclusion of the hearing (Sec. 11-113 (c), (d), (e)).

b. names on general election ballots
In presidential elections, the names of the candidates for President 
and Vice President shall be used on the ballot in lieu of the names of 
the presidential electors, and the votes cast for President and Vice 
President of each political party shall be counted for the presidential 
electors and alternates nominated by each political party (Sec. 11-
113).
A ``national party'' as used in this section shall mean a party 
established and admitted to the ballot in at least one State other than 
Hawaii or one which is determined by the chief election officer to be 
making a bona fide effort to become a national party. If there is no 
national party or the national and State parties or factions in either 
the national or State party do not agree on the presidential and vice 
presidential candidates, the chief election officer may determine which 
candidates names shall be placed on the ballot or may leave the 
candidates names off the ballot completely (Sec. 11-113(a)).

c. statutory instructions
The electors chosen shall assemble at the State capitol on the first 
Monday after the second Wednesday in December next following their 
election, at 2:00 o'clock in the afternoon. In case of the death or 
absence of any elector chosen, or if the number of electors is 
deficient for any other reason, the vacancy or vacancies shall be 
filled by the alternates in the order of their numerical designation 
for their respective electors causing the vacancy or vacancies, and in 
the event that vacancy or vacancies still exist, then the electors 
present shall select from the members of the same political party or 
group as many persons as will supply the deficiency. Certificates for 
the alternates or substitutes as presidential electors shall be issued 
by the Governor. The electors, when convened, if both candidates are 
alive, shall vote by ballot for that person for President and that 
person for Vice President of the United States, who are, respectively, 
the candidates of the political party which they represent, one of 
whom, at least, is not an inhabitant of this State (Sec. Sec. 14-26--
14-28).

IDAHO
Presidential Electors: 4

a. nomination
(1) Major parties
Major political parties include those parties that had three or more 
candidates for State office listed under the party name at the last 
general election or that had a candidate for State or national office 
who received at least 3 percent of the aggregate vote cast for the 
office of Governor at the last gubernatorial election (Idaho Code 
Annotated, Sec. 34-501(b)). Presidential electors of such parties are 
selected at the party State convention in each election year at a time 
and place determined by the State central committee. The State central 
committee chairman shall preside and cause notice to be given to each 
legislative district central committee and each county central 
committee at the earliest possible date (Sec. 34-707).
The State chairman of each political party shall by September 1 certify 
the names of the presidential electors to the Secretary of State 
(Sec. 34-711).
(2) Minor parties
A ``political party'' is defined as an organization of electors under a 
given name. A political party shall be deemed created and qualified to 
participate in elections in any of the following three (3) ways:
(a) By having three (3) or more candidates for State or national office 
listed under the party name at the last general election, provided that 
those individuals seeking the office of President, Vice President and 
presidential elector shall be considered one candidate, or
(b) By polling at the last general election for any one of its 
candidates for State or national office at least three percent (3%) of 
the aggregate vote cast for Governor or for presidential electors.
(c) By an affiliation of electors who shall have signed a petition 
which shall:
(A) State the name of the proposed party in not more than six (6) 
words;
(B) State that the subscribers thereto desire to place the proposed 
party on the ballot;
(C) Have attached thereto a sheet or sheets containing the signatures 
of at least a number of qualified electors equal to two percent (2%) of 
the aggregate vote cast for presidential electors in the State at the 
previous general election at which presidential electors were chosen;
(D) Be filed with the Secretary of State on or before August 30 of 
even-numbered years;
(E) The format of the signature petition sheets shall be prescribed by 
the Secretary of State and shall be patterned  after, but not limited 
to, such sheets as used for State initiative and referendum measures;
(F) The petitions and signatures so submitted shall be verified in the 
manner prescribed in section 34-1807, Idaho Code.
(G) The petitions shall be circulated no earlier than August 30 of the 
year preceding the general election.
Upon certification by the Secretary of State that the petition has met 
such requirements such party shall, under the party name chosen, have 
all the rights of a political party whose ticket shall have been on the 
ballot at the preceding general election.
The newly certified party shall proceed to hold a State convention in 
the manner provided by law; provided, that at the initial convention of 
any such political party, all members of the party shall be entitled to 
attend the convention and participate in the election of officers and 
the nominations of candidates. Thereafter the conduct of any subsequent 
convention shall be as provided by law (Sec. 34-501, Supp.).
(3) Independent candidates
Persons who desire to be independent candidates for the offices of 
President and Vice President, must file, prior to August 25 of the 
election year, declarations of candidacy as independent candidates. 
Such declarations must state that such persons are offering themselves 
as independent candidates and must declare that they have no political 
party affiliation. The declarations shall have attached thereto a 
petition signed by a number of qualified electors not less than one 
percent (1%) of the number of votes cast in this State for presidential 
electors at the previous general election at which a President of the 
United States was elected.
The candidates for President and Vice President shall be considered as 
candidates for one office, and only one such petition need be filed for 
both offices (Sec. 34-708A, Supp.).
The State chairman of each political party shall certify the names of 
the presidential and vice presidential candidates and presidential 
electors to the Secretary of State on or before September 1, in order 
for them to appear on the general election ballot. The Secretary of 
State shall certify such candidates to the county clerks at the same 
time as certification of political party candidates nominated for State 
and Federal offices by the voters in the primary election (Sec. 34-711, 
Supp.). Independent candidates who have qualified for ballot status 
pursuant to section 34-708A, Idaho Code, shall certify the names of 
presidential electors to the Secretary of State on or before September 
1, in order for them to appear on the general election ballot. The 
Secretary of State shall certify the independent presidential electors, 
and the independent candidates for President and Vice President, to the 
county clerks on or before September 7 (Sec. 34-711A, Supp.).

b. names on general election ballots
The State chairman of each political party shall certify the names of 
the presidential and vice presidential candidates and presidential 
electors to the Secretary of State on or before September 1, in order 
for them to appear on the general election ballot. The Secretary of 
State shall certify such candidates to the county clerks at the same 
time as certification of political party candidates nominated for State 
and Federal offices by the voters in the primary election (Sec. 34-
711). Independent candidates who have qualified for ballot status shall 
certify the names of presidential electors to the Secretary of State on 
or before September 1, in order for them to appear on the general 
election ballot. The Secretary of State shall certify the independent 
presidential electors, and the independent candidates for President and 
Vice President, to the county clerks on or before September 7 (Sec. 34-
711A).

c. statutory instructions
The electors chosen to elect a President and Vice President of the 
United States shall, at 12:00 noon on the day which is or may be 
directed by the Congress of the United States, meet at the seat of 
government of the State, and then and there perform the duties enjoined 
upon them by the Constitution and laws of the United States (Sec. 34-
1503). Each elector of President and Vice President of the United 
States shall, before the hour of twelve (12) o'clock on the day next 
preceding the day fixed by the law of Congress to elect a President and 
Vice President, give notice to the Governor and shall forthwith deliver 
to the electors present a certificate of all the names of the electors; 
and if any elector named therein fails to appear before nine (9) 
o'clock on the morning of the day of election of President and Vice 
President as aforesaid, the electors then present shall immediately 
proceed to elect, by ballot, in the presence of the Governor, persons 
to fill such vacancies (Sec. 34-1504).

ILLINOIS
Presidential Electors: 22

a. nominations
(1) Major parties
The State convention of each political party shall have power to make 
nominations of candidates of its political party for the electors of 
President and Vice President (Smith-Hurd Illinois Annotated Statutes, 
ch. 46, ILCS Sec. 5/7-9(b). State conventions shall be held within 180 
days after the general primary in the year 2000 and every four years 
thereafter. In the year 1998 and every four years therafter, the 
Chairman of the States Central Committee may issue a call for a State 
convention within 180 days after the general primary. (10 ILCS Sec. 5/
7-9(b)).
Choosing and election of electors of President and Vice President of 
the United States shall be in the following manner: In each year in 
which a President and Vice President of the United States are chosen, 
each political party or group in this State shall choose by its State 
convention electors of President and Vice President of the United 
States and such State convention of such party or group shall also 
choose electors at large, if any are to be appointed for this State and 
such State convention of such party or group shall by its chairman and 
secretary certify the total list of such electors together with 
electors at large so chosen to the State Board of Elections.
The filing of such certificate with the Board, of such choosing of 
electors shall be deemed and taken to be the choosing and selection of 
the electors of this State, if such party or group is successful at the 
polls as herein provided in choosing their candidates for President and 
Vice President of the United States (10 ILCS Sec. 5(21-1). Such 
certification by the respective political parties or groups in this 
State of electors of President and Vice President shall be made to the 
State Board of Elections within 2 days after such State convention 
(Sec. 21-1(a)).
(2) Minor parties
A minor political party is defined as a political party or group which 
has not polled more than 5 percent of the entire vote cast for governor 
in the State at the last preceding general election for Governor (10 
ILCS Sec. 5/10-2). It shall nominate its candidates in the same manner 
as does a new party.
(3) New parties
Any group of persons desiring to form a new political party throughout 
the State, shall file with the State Board of Elections a petition (a) 
declaring the intention of the signers to form such a new political 
party, (b) stating in not more than 5 words the name of such party, (c) 
containing a complete list of candidates of such party for all offices 
to be filled in the State at the next election, and (d) signed by one 
percent (1%) of the number of voters who voted in the preceding 
statewide general election or 25,000 qualified voters whichever is less 
(10 ILCS Sec. 5/10-2). Such petition shall be accompanied by a 
candidate's statement of candidacy, except candidates for electors for 
President and Vice President (10 ILCS Sec. 5/10-5), and all 
certificates of nomination or nomination papers for candidates to be 
voted for by all the voters of the State shall be presented to the 
State Board of Elections at least 92 days, but not more than 99 days, 
before the general election, for endorsement by the board and for 
subsequent deposit with the State Board of Elections (10 ILCS Sec. 5/
10-6).
(4) Independent candidates
Nomination of independent candidates (not candidates of any political 
party), for any office to be filled by the voters of the State at large 
may also be made by nomination papers signed in the aggregate for each 
candidate by 1% of the number of voters who voted in the next preceding 
statewide general election or 25,000 qualified voters of the State, 
whichever is less (10 ILCS Sec. 5/10-3).
Nomination papers are to be filed with the State Board of Elections 
between 99 and 92 days prior to the date of the primary (10 ILCS 
Sec. 5/7-12).

b. names on general election ballots
The names of the candidates of the several political parties or groups 
for electors of President and Vice President shall not be printed on 
the official ballot to be voted in the election to be held on the day 
in this Act above named. In lieu of the names of the candidates for 
such electors of President and Vice President, immediately under the 
appellation of party name of a party or group in the column of its 
candidates on the official ballot, to be voted at said election first 
above named in subsection (1) of section 2A-1.2 and section 2A-2, there 
shall be printed within a bracket the name of the candidate for 
President and the name of the candidate for Vice President of such 
party or group with a square to the left of such bracket. Each voter in 
this State from the several lists or sets of electors so chosen and 
selected by the said respective political parties or groups, may choose 
and elect one of such lists or sets of electors by placing a cross in 
the square to the left of the bracket aforesaid of one such parties or 
groups. Placing a cross within the square before the bracket enclosing 
the names of President and Vice President shall not be deemed and taken 
as a direct vote for such candidates for President and Vice President, 
or either of them, but shall only be deemed and taken to be a vote for 
the entire list or set of electors chosen by that political party or 
group so certified to the State Board of Elections as herein provided. 
Voting by means of placing a cross in the appropriate place preceding 
the appellation or title of the particular political party or group, 
shall not be deemed or taken as a direct vote for the candidates for 
President and Vice President, or either of them, but instead to the 
presidential vote, as a vote for the entire list or set of electors 
chosen by that political party or group so certified to the State Board 
of Elections as herein provided (10 ILCS 5/21-1(6)).

c. statutory instructions
The electors, elected as aforesaid, shall meet at the office of the 
Secretary of State in a room to be designated by him in the capitol at 
Springfield in this State, at the time appointed by the laws of the 
United States at the hour of 10:00 o'clock in the forenoon of such day, 
and give their votes for President and for Vice President of the United 
States, in the manner herein provided, and perform such duties as are 
or may be required by law (10 ILCS 5/21-4).

INDIANA
Presidential Electors: 12

a. nomination
(1) Major parties
Major political parties which received at least two percent of the 
total vote cast for Secretary of State at the last election shall 
nominate at the state convention candidates for presidential electors 
and alternate electors (Indiana Statutes Annotated Sec. Sec. 3-8-4-1 
and 3-8-4-2).
The state chairman of each political party shall certify to the 
secretary of state the names of the nominees of the party for President 
and Vice President of the United States and the state of which each 
nominee is a resident. If candidates for presidential electors are 
nominated by petitioners instead of by a convention of a political 
party, the petitioners shall certify with the list of names of 
electors:
(1) the names of their nominees for President and Vice President of the 
United States; and
(2) the state of which each nominee is a resident. The names of:
(1) all candidates for presidential electors; and
(2) all nominees for President and Vice President of the United States; 
shall be certified by noon September 1 before the general election 
(Sec. 3-10-4-5, Supp.).

(2) Minor parties and independent candidates
A candidate may be nominated for an elected office by petition of 
voters who are registered to vote at the time of signing the petition 
and qualified to vote for the candidate (Sec. 3-8-6-2). A petition of 
nomination must be signed by the number of voters equal to two percent 
(2%) of the total vote cast at the last election for Secretary of State 
in the election district that the candidate seeks to represent. 
(Sec. 3-8-6-3). A petition of nomination must be submitted to the 
county voter registration office of each county in which the election 
district is located during the period beginning January 1 of the year 
in which the election will be held and ending at noon July 15 before 
the election (Sec. 3-8-6-10, Supp.).

b. names on general election ballots
Each vote cast or registered for the nominees for President and Vice 
President of the United States of a political party or group of 
petitioners is a vote cast or registered for all of the candidates for 
presidential electors of the party or group and shall be counted. These 
votes shall be counted, canvassed, and certified in the same manner as 
the votes for candidates for other offices (Sec. 3-10-4-4).

c. statutory instructions
The presidential electors who are elected at a general election shall 
assemble in the chamber of the Indiana house of representatives on the 
first Monday after the second Wednesday in December, or on another day 
fixed by the Congress of the United States, at 10 a.m. to elect the 
President and Vice President of the United States. The Governor shall 
deliver to the electors present a certificate of the names of all the 
electors (Sec. 3-10-4-7). If a presidential elector fails to appear 
before 11 a.m. on the day prescribed by section 7 [3-10-4-7] of this 
chapter, the electors present shall, by ballot and a majority vote of 
all those present, fill the vacancy. The election shall be immediately 
certified by a majority of the electors to the Governor, who shall 
immediately notify the person of the person's election (Sec. 3-10-4-8, 
Supp.). The presidential elector, when assembled and after vacancies 
are filled, shall then vote by ballot for President and Vice President 
of the United States and perform the duties imposed upon them by the 
Constitution and statutes of the United States and of this State 
(Sec. 3-10-4-9).

IOWA
Presidential Electors: 7

a. nomination
(1) Major parties
Electors are nominated by regular state party conventions, which shall 
be held either preceding or following the primary election at a time 
and place designated by the party state central committee, either 
preceding or following the primary election (Iowa Code Annotated, 
Sec. 43.107). The names of candidates for President and Vice President 
of a political party as defined in the law shall be certified to the 
state commissioner by the party state chairperson and secretary of the 
state central committee at least 81 days prior to the general election 
(Sec. 54.5). The state central committee shall also file a list of the 
names and addresses of the party's presidential electors, one from each 
congressional district and two from the state at large not later than 5 
p.m. at least 81 days before the general election (Sec. 54.5).
(2) Minor and new parties
A political organization which did not cast at least 2 percent of the 
total vote cast for President of the United States or for Governor at 
the last general election (Sec. 43.2) may nominate one candidate for 
each office to be filled at the next general election. Such nomination 
shall be by convention or caucus (Sec. 44.1), provided that to qualify 
for making a nomination for statewide office, such political 
organization must have at its convention or caucus a minimum of 250 
qualified electors with at least one elector from each of 25 counties 
(Sec. 44.1). The nomination certificate, signed by the chairman and 
secretary of such convention or caucus, shall be filed with the State 
Commissioner not more than 99 nor less than 81 days before the general 
election (Sec. Sec. 44.2, 44.3, 44.4).
Certificates of nomination by such conventions for presidential 
electors in addition to the names and addresses of presidential 
electors are to contain the names of the candidates for President and 
Vice President (Sec. 44.3).
(3) Independent candidates
Nominations for candidates for President and Vice President and for 
State offices may be made by nomination papers signed by not less than 
one thousand five hundred eligible electors. Nomination papers for the 
offices of President and Vice President shall include the names of the 
candidates for both offices on each page of the petition. A certificate 
listing the names of the candidates for presidential electors, one from 
each congressional district, and two from the state at large, shall be 
filed in the State Commissioner's office at the same time nomination 
papers are filed (Sec. 45.1). Nomination papers are to be filed in the 
office of the State Commissioner not more than 99 nor less than 81 days 
before the general election (Sec. Sec. 44.4, 54.5).

b. names on general election ballots
The names of candidates for President and Vice President and not the 
names of the candidates for electors shall be placed on the ballots 
under the respective party names. A vote for the candidates of any 
political party or group of petitioners for President and Vice 
President shall be deemed conclusively to be a vote for each candidate 
nominated in each district and in the State at large by the party for 
electors (Sec. Sec. 49.32, 54.2).

c. statutory instructions
The presidential electors shall meet in the capitol, at the seat of 
government, on the first Monday after the second Wednesday in December 
next following their election. If, at  the time of such meeting, any 
elector for any cause is absent, those present shall at once proceed to 
elect, from the citizens of the State, a substitute elector or 
electors, and certify the choice so made to the Governor, and he shall 
immediately cause the person or persons so selected to be notified 
thereof. When so met, the said electors shall proceed, in the manner 
pointed out by law, with the election, and the Governor shall duly 
certify the result thereof, under the seal of the State, to the United 
States Secretary of State, and as required by act of Congress relating 
to such elections (Sec. Sec. 54.7, 54.8, but see 3 U.S.C. Sec. 11, 
which names the Administrator of General Services as the recipient).

KANSAS
Presidential Electors: 6

a. nomination
(1) Major parties
Kansas in 1961 changed the procedure for nominating presidential 
electors of the major political parties from the use of primaries to 
nomination at delegate or mass conventions or caucuses (Kansas Statutes 
Annotated, Sec. 25-301). A convention or caucus shall be called by the 
State chairman of the party, or if there be no State chairman, by the 
party's candidate for Governor at the preceding general election 
(Sec. 25-302).
Party nominations for presidential elections can only be made by a 
delegate or mass convention or caucus of qualified voters belonging to 
a political party having a national or State organization. Certificates 
of nomination must be filed by noon on June 10 prior to the general 
election (Sec. Sec. 25-301, 25-305, Supp.).
(2) Minor and new parties
Candidates for elective office who are members of any political party 
whose candidate for Secretary of State did not poll at least 5 percent 
of the total vote cast for all candidates for Secretary of State in the 
preceding general election shall not be entitled to nomination by 
primary but shall be nominated by a delegate or mass convention 
(Sec. 25-202, Supp.). A convention shall be called as in (1) above. 
Presidential electors of such parties shall be nominated at State 
conventions (Sec. 25-301). Certificates of nomination shall be signed 
by the presiding officer and a secretary of the convention and filed 
with the Secretary of State by noon on June 10 prior to the general 
election (Sec. Sec. 25-302, 25-305, Supp.).
A new party organized in Kansas and any national political party 
seeking to organize in the State shall be allowed to make party 
nominations by mass conventions or caucus only after filing with the 
Secretary of State not later than 12:00 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 last preceding general election. Such petitions shall declare 
support for the official recognition of a political party, the name of 
which shall be stated on the declaration (Sec. 25-302a). Candidates of 
such parties shall be nominated and their names certified in the same 
manner as by minor parties.
(3) Independent candidates
Candidates may be nominated by independent nomination papers signed by 
not less than 5,000 voters (Sec. 25-303, Supp.). Independent nomination 
petitions are to be filed with the Secretary of State or the county 
election officer by noon on the Monday preceding the first Tuesday of 
August prior to the general election (Sec. 25-305, Supp.).

b. names on general election ballots
The surnames of the candidates of each political party for the offices 
of President and Vice President, with the political designation thereof 
placed at the right of the surnames, shall be in one line (Sec. 25-
615).

c. statutory instructions
The electors of President and Vice President of the United States shall 
convene at the capitol of the State on the first Monday after the 
second Wednesday in December after their election, at the hour of 12:00 
o'clock noon of that day; and if there shall be any vacancy in the 
office of electors, occasioned by death, refusal to act, neglect to 
attend, or other cause, the electors present shall immediately proceed 
to fill, by ballot and by a plurality of votes, such vacancy in the 
Electoral College, and when the electors shall appear, or the vacancies 
shall have been filled as above provided, they shall proceed to perform 
the duties required of such electors by the Constitution and laws of 
the United States (Sec. 25-802).

KENTUCKY
Presidential Electors: 8

a. nomination
(1) Major parties
Any political organization, as defined in KRS 118.015, not constituting 
such a political party but which cast two percent (2%) of the vote of 
the state at the last preceding election for presidential electors, may 
nominate, by a convention or primary election held by the party in 
accordance with its constitution and bylaws, as many electors of 
President and Vice President of the United States as this State is 
entitled to elect (Sec. 118.325(1), Supp.).
Such nominations shall be certified in writing by the presiding officer 
and secretary of the convention. The certificates shall state the names 
of the candidates of the party for President and Vice President 
(Sec. 118.325(2), Supp.). Such certificates shall be filed with the 
Secretary of State not earlier than the first Wednesday after the first 
Monday in November of the year preceding the year in which there is an 
election for President and Vice President of the United States and not 
later than the first Tuesday in September preceding the date fixed by 
law for the election of the electors (Sec. 118.365(6), Supp.).
(2) Minor and new parties
A political organization which cast at least 2 percent of the total 
vote of the State at the last presidential election may nominate 
candidates by convention or by a primary election held by the party in 
accordance with its constitution and bylaws. The certificates of 
nomination for statewide offices by such a convention or primary 
election, signed by the presiding officer and secretary of the 
convention or by the proper committee chairman and secretary, shall be 
filed with the Secretary of State as specified for major parties. 
(Sec. Sec. 118.015(1), 118.325 (1), (2), Supp., 118.365(6), Supp.).
(3) Independent candidates
A candidate may become an independent candidate when a nominating 
petition is filed in his behalf signed by 5,000 qualified voters if 
office is voted for by the entire State (Sec. 118.315, Supp.). 
Petitions should be filed with Secretary of State (Sec. 118.356), 
within the time specified above for major parties. (Sec. 118.365(6), 
Supp.).

b. names on general election ballots
Candidates for President and Vice President shall be entitled to have 
their names placed on the ballot for the regular election if they are 
candidates of those political parties and organizations which have 
nominated presidential electors as provided in Kentucky Revised 
Statutes, Sec. 118.325, where the certificate of nomination of such 
electors has been filed with the Secretary of State within the 
appropriate time (Sec. 118.305, Supp.).

c. statutory instructions
The electors of President and Vice President of the United States shall 
convene at the State capitol, at 11:45 a.m. on the first Monday after 
the second Wednesday in December next after their election, give their 
votes at or after 12:00 noon, and make return thereof according to law. 
If any elector fails to attend by 12:00 noon, on the day of the 
meeting, those in attendance shall fill his place by the election of 
another person, who shall have the same powers as if originally elected 
by the people (Sec. 118.445).

LOUISIANA
Presidential Electors: 9

a. nomination
(1) Political parties
Nominations for candidates for Presidential electors made by each 
recognized political party shall be made in such manner as shall be 
determined by a resolution adopted by the State central committee of 
the respective recognized political party. Each recognized political 
party shall nominate a full slate of candidates for elector, one from 
each congressional district and two from the State at large (Louisiana 
Revised Statutes Annotated, title 18, Sec. 1253(A), Supp.). The names 
of candidates nominated by each recognized political party shall be 
filed with the Secretary of State by sworn statement, which shall be 
known as a certificate of nomination. The certificate of nomination 
shall be sworn to, signed, and filed by the chairman and secretary of 
the State central committee, except when the State central committee 
orders the nomination of presidential electors by a convention, in 
which case the chairman and secretary of the convention shall swear to, 
sign, and file the certificate of nomination (18, Sec. 1253(B), Supp.).
Each certificate of nomination shall contain:
(a) the name and place of residence of each candidate for presidential 
elector;
(b) the particular office of presidential elector for which each is 
nominated;
(c) the name of the recognized political party making the nomination;
(d) the names of the candidates for President and Vice President 
supported by the party. In addition, a certificate of nomination filed 
by the chairman and secretary of a State central committee shall 
certify the adoption by the State central committee of the resolution 
of the committee which authorized the method of nomination, the method 
of nomination used, and the time and place where the nomination took 
place. A certificate of a nominating convention also shall certify the 
adoption by the State central committee of the resolution which 
authorized the convention, the time, and place where the convention was 
held, and the election of the chairman and secretary. Each certificate 
of nomination filed with the Secretary of State shall be accompanied by 
the notarized affidavit of each candidate for elector signifying that 
the certificate constitutes his acceptance of the nomination (18, 
Sec. 1253(C), Supp.). The certificate of nomination shall constitute 
full proof of the nominations it recites and shall entitle the 
candidates for electors to each receive the number of votes received in 
the election by the party's candidate for President (18, Sec. 1253(D), 
Supp.).
If the nominees for the offices of President and Vice President 
nominated by a national convention of a recognized political party, 
together with a slate of candidates for the offices of presidential 
electors to support such nominees, are not properly certified to the 
Secretary of State by the state central committee of that party prior 
to five o'clock p.m. on the first Tuesday in September in a 
presidential election year, the national chairman of the political 
party, after notifying the chairman of the state central committee of 
that political party, shall certify a slate of electors to certify the 
nominees to support such nominees within forty-eight hours thereafter 
(18, Sec. 1253(E), Supp.). A political party is recognized if one of 
its candidates for presidential elector received at least 5 percent of 
the votes cast in the State for presidential electors in the last 
presidential election or if at least 5 percent of the registered voters 
in the State are registered as being affiliated with the political 
party (Sec. 441).
(2) Independent candidates
A slate of independent candidates for presidential elector may be 
nominated by nominating petitions or may qualify by the payment of a 
qualifying fee of $500. Such qualifying fee shall be paid in accordance 
with the provisions of R.S.  18:1254(A), Supp. The filing deadline for 
the qualifying fee is the first Tuesday in September (Sec. 18:1254(A), 
Supp.). Each qualifying fee shall be accompanied by the notarized 
affidavit of each candidate for elector signifying his acceptance of 
the nomination. An independent candidate for presidential elector may 
be registered to vote with or without a declaration of party 
affiliation (Sec. 1254(A), Supp.). A nominating petition for a slate of 
candidates for the offices of presidential elector shall be signed, 
filed, and certified as provided for State candidates voted on 
throughout the State (Sec. 1254(B), Supp.).
Any slate of candidates for presidential elector that qualifies by 
payment of a qualifying fee shall be a full slate of candidates for 
elector, one from each congressional district and two from the State at 
large, and shall submit with the qualifying fee the following 
information for each candidate:
(1) The candidate's name;
(2) The address of his domicile;
(3) The office sought;
(4) The names of the candidate for President and the candidate for Vice 
President whom the candidates for elector support;
(5) The recognized political party, if any, with which each candidate 
for presidential elector is affiliated;
(6) In not more than three words, the political principle that he 
represents; and
(7) The date of the election for which he seeks to qualify 
(Sec. 1254(D), Supp.).
Certificates of nomination of presidential electors and all nominating 
petitions shall be filed with the Secretary of State during the period 
beginning on the first Tuesday in August and ending at 5:00 p.m. on the 
first Tuesday in September of each year in which a presidential 
election is to be held (Sec. 1255, Supp.).

b. names on general election ballots
The ballot shall be so arranged that the names of the candidate for 
President and the candidate for Vice President nominated by each 
recognized political party, by nominating petition, or by the filing of 
notices of candidacy accompanied by a qualifying fee shall appear, in 
fourteen point type print, together with the name of the presidential 
candidate on top and the name of the vice presidential candidate 
directly underneath on the vertical type voting machine, and with the 
name of the presidential candidate on the left and the name of the vice 
presidential candidate directly to the right on the horizontal type 
voting machine.
Directly to the left of the names of the presidential and vice 
presidential candidates on the vertical type voting machine, and on the 
horizontal type voting machine, shall appear:
(a) If nominated by a recognized political party, the name of the party 
and such national party emblem, if any, or state party device, if any, 
as the state central committee of the party shall direct, and
(b) If nominated by a nominating petition or by the filing of notices 
of candidacy, the political principal which the candidates support, as 
stated on the nominating petition or on the notices of candidacy, if 
any, and the words ``Nominating Petition'' or the abbreviation ``Nom. 
Petition'' shall appear if nominated by petition.
Immediately below the name of the party, or, if nominated by a 
nominating petition, the words ``Nominating Petition'' or the 
abbreviation ``Nom. Petition'' shall appear the word ``Electors''. 
Immediately below the word ``Electors'' the names of the presidential 
electors nominated in support of the nominees for president and vice 
president of that party or political principal shall appear in six 
point type print. There shall be a single lever or, on an absenteee 
ballott, a single box within which to mark the ballot, opposite each 
pair of names. In preparing the ballots, the secretary of state shall 
arrange the names of the candidates of recognized political parties 
alphabetically, according to the names of the parties, followed by the 
names of the candidate nominated by nominating petitions and by the 
filing of notices of candidacy, listed alphabetically by designation of 
political principal. (Sec. 18:1259(B), Supp.).

c. statutory instructions
The electors shall meet in the State capitol in Baton Rouge on the day 
appointed for their meeting by Federal law and shall execute the duties 
and services enjoined upon them by the Constitution and laws of the 
United States. Notice of the time and place of the meeting shall be 
transmitted to each elector by the Secretary of State no later than 
seven days preceding the day of the meeting (Sec. 1263).

MAINE
Presidential Electors: 4

a. nomination
(1) Major parties
Presidential electors are nominated at biennial State conventions of 
the respective parties held in presidential election years between 
March 1 and August 1 (Maine Revised Statutes, title 21-A, 
Sec. 321(2)(C)). A ``major party'' is one which at the last 
gubernatorial election polled the greatest or next greatest number of 
votes cast in the State for Governor (Sec. 1(22)).
(2) Minor and new parties
A ``minor party'' means one other than a major party (Sec. 1(24)).
``Party'' refers to a political organization which has qualified to 
participate in a primary or general election pursuant to chapter 10 
(Sec. 1(28)).
In addition to the procedure under section 302, a party whose 
designation was not listed on the general election ballot in the last 
preceding gubernatorial or presidential election qualifies to 
participate in a primary election, if it meets the requirements of 
subsections 1, 2, 3 and 4.
1. Declaration of intent. A voter or group of voters who are not 
enrolled in a party qualified under section 301 must file a declaration 
of intent to form a party with the Secretary of  State. The declaration 
of intent must be on a form designed by the Secretary of State and must 
include:
A. The designation of the proposed party; and
B. The name and address of the voter or one of the group of voters who 
file the declaration of intent.
2. Enrollment of voters. After filing the declaration of intent 
required in subsection 1, the voter or voters proposing to form the 
party may then enroll voters in the proposed party under sections 141 
to 145.
3. Petition. After filing the declaration described in subsection 1, 
the voter or a group of voters may then circulate petitions. These 
petitions must be signed in the same manner as primary petitions under 
section 335, subsections 3 and 4. The circulator of the petition must 
certify his belief that the signatures on it are genuine and that the 
signers are registered and enrolled voters. Each page of the petition 
must have a caption, in conspicuous type, which contains the 
designation of the proposed party followed by the words ``Petition to 
participate in the primary election.'' The Secretary of State shall 
prepare forms for these petitions. The petitions must be filed in the 
office of the Secretary of State before 5 p.m. on the 180th day 
preceding a primary election and must contain the signatures and legal 
addresses of voters, equal in number to at least 5% of the total vote 
cast in the State for Governor at the last preceding gubernatorial 
election (Sec. 303, Supp.).

(3) Independent candidates
The names of presidential electors must be placed on the petition as a 
slate. The names of the candidates for President and Vice President 
must be placed on a petition for the nomination of presidential 
electors. A nomination petition may be signed only by voters of the 
electoral division which is to make the nomination, except that 
nomination petitions for presidential electors may be signed by any 
Maine voter. Other signatures are void. Nomination petitions must be 
signed by the following numbers of voters:
For a slate of candidates for the office of presidential elector, at 
least 4,000 and not more than 6,000 voters. A nomination petition may 
not be signed before January 1st of the election year in which it is to 
be used. A nomination petition must be filed in the office of the 
Secretary of State by 5 p.m. on the date of the primary election 
(Sec. 354, Supp.).

b. names on general election ballots
The names of the electors must not be printed on the ballot. A vote for 
a presidential and vice presidential candidate is considered a vote for 
the electors representing that party (Sec. Sec. 602, Supp., and 801).

c. statutory instructions
The duties of the presidential electors in convention are as follows:
1. When convened as required by section 804, the presidential electors 
shall each cash separate ballots for President and Vice President, at 
least one of whom must not be a resident of this State.
2. The presidential electors at large shall cast their ballots for the 
presidential and vice-presidential candidates who received the largest 
number of votes in the State. The presidential electors of each 
congressional district shall cast their ballots for the presidential 
and vice-presidential candidates who received the largest number of 
votes in each respective congressional district.
3. The presidential electors shall make and subscribe to 6 certificates 
containing the number of votes cast separately for President and Vice 
President. They shall attach one of the lists of electors furnished 
them by the Governor to each certificate. They shall seal each 
certificate and attached list in an envelope stating that a certificate 
of the votes of this State for President and Vice President is 
contained inside.
4. The presidential electors shall send immediately by registered mail 
one certificate to the President of the Senate of the United States and 
2 certificates to the Archivist of the United States in Washington, DC. 
The presidential electors shall deliver 2 certificates to the Secretary 
of State, who shall hold onto them subject to the order of the 
President of the Senate of the United States and shall retain the other 
for public inspection for one year. The presidential electors shall 
deliver one certificate to the Chief Judge of the United States 
District Court for the District of Maine (Sec. 805).

MARYLAND
Presidential Electors: 10

a. nomination
(1) Major parties
The State convention of any party shall nominate or provide for the 
nomination of candidates for presidential electors of the party in such 
manner as the convention determines. The State convention shall 
nominate or provide for the nomination of as many candidates for 
presidential electors of the party as this State is entitled to 
appoint. The names of persons nominated by the State convention as 
candidates for presidential electors shall be certified by the 
presiding officers of the State convention to the State Administrative 
Board of Election Laws (Annotated Code of Maryland, Art. 33, Sec. 12-
7).
(2) Minor and new parties
If, in any general election for President of the United States or 
Governor of the State, any political party polls less than three 
percent of the entire vote cast in the State for the offices of 
President and United States Senator (if a Senator for the State was 
elected at such election), such party shall cease to be a political 
party, and in subsequent elections must qualify as a new party to 
participate in elections (Sec. 4C-1).
Any group of voters wishing to form a new political party shall do so 
by filing with the State Administrative Board of Election Laws a 
petition for formation of a political party which shall declare their 
intention of organizing a State political party, the name of which 
shall be stated in the petition together with the name and address of 
the State  chairman thereof and the names and addresses of at least 
twenty-five persons who shall be designated as constituting the 
governing body of the party. Appended to the petition shall be papers 
bearing the signatures of at least ten thousand qualified voters of the 
State (Sec. 4B-1(a)). A petition for the formation of a new political 
party may not be filed in a presidential election year after the 5th 
Monday preceding through the 10th day following the primary election 
(Sec. 4B-1(2)).
If the petition for the formation of a political party is properly 
drawn and filed, then, within ninety days after the filing of the 
petition and appended papers, the persons designated in the petition as 
constituting the governing body of the party shall hold an 
organizational meeting and shall adopt for the conduct of the affairs 
of the party an interim constitution and bylaws, which shall be filed 
with the State Administrative Board of Election Laws within thirty days 
after adoption. Any amendments to the interim constitution and bylaws 
shall likewise be filed with the State Administrative Board of Election 
Laws within thirty days after adoption. The said organizational meeting 
shall be convened by the person designated in the petition as the State 
chairman of the party, who shall preside as president pro tem of the 
meeting until such time as party officers are elected (Sec. 4B-1(f)).
The interim constitution and bylaws shall provide for such meetings as 
in the opinion of the governing body of the new political party shall 
be necessary for the proper conduct of party affairs and shall 
specifically provide for the selection of a State central committee for 
the party, the selection of party central committees for the several 
counties and Baltimore City, and for the selection of chairmen for the 
State and local party central committees (Sec. 4B-1(g)).
The interim constitution and bylaws shall also provide for the manner 
of calling all meetings and for advance notification thereof; for rules 
governing the conduct of all meetings, including the attendance 
required for a quorum; for a procedure for selecting party nominees for 
public office, subject to the provisions of this article; and for the 
manner and method of amending the interim constitution and bylaws of 
the political party. The interim constitution and bylaws shall also 
provide that no meeting of the political party or the governing body of 
the political party shall be called unless ten days written notice 
thereof shall be given, by regular mail, to each person entitled under 
the interim constitution and bylaws to attend, addressed to the 
residence of such person as disclosed by the records of the board of 
the county or Baltimore City in which such person is a voter. In the 
event that it is necessary to call a meeting to fill a vacancy in a 
party nomination for public or party office, it shall be sufficient if 
five days notice shall be given in a manner to be provided by the 
interim constitution and bylaws (ibid.).
The nominees for public office of the party shall be selected in the 
manner provided in the interim constitution and bylaws of the party, 
but no such nominee shall appear upon the ballot at any general 
election unless the nominee has complied with all the requirements of 
the provisions of the subtitle ``Nomination by Petition.'' including 
the filing of petitions with the election board or the several boards 
of the State, which shall bear in addition to the name of the nominee, 
the name of the party, signed by not less than three percent of the 
registered voters who are eligible to vote for the office for which 
election at the general election is sought. The political party shall 
not nominate more than one candidate for each public or party office to 
be filled at the succeeding general election, except to fill a vacancy 
in a prior nomination (Sec. 4B-1(h)).
(3) Independent candidates
A candidate for any public office who is registered as an independent 
or who is a member of or affiliated with a partisan organization which 
is not a political party may be nominated by petition (Sec. 7-1(a)).
A candidate for public office seeking nomination by petition shall file 
a certificate of candidacy with a sworn statement attached that he has 
on file with the election board or the several boards of the State 
petitions signed by not less than three percent of the registered 
voters who are eligible to vote for the office for which such 
nomination by petition is sought (Sec. 7-1(b)).
The petition with the required number of signatures is to be filed with 
the appropriate board by not later than 5 p.m. on the first Monday in 
August (Sec. 7-1(c)).

b. names on general election ballots
Each citizen of the State entitled to vote for those persons seeking 
Federal office shall have the right to vote for the whole number of 
electors. The presidential electors of the candidates for President and 
Vice President who receive the highest number of votes shall be 
declared to be elected as said electors, and shall be deemed so 
appointed (Sec. 20-1). The names of the candidates for presidential 
electors shall not be printed on the ballot, but in lieu thereof the 
names of the candidates of each party for the office of President and 
Vice President shall be printed thereon. A vote for said candidates for 
President and Vice President shall be deemed and counted as a vote for 
each of the presidential electors of said party (Sec. 20-2).

c. statutory instructions
The presidential electors elected at the November election shall meet 
in the State House in Annapolis. After taking the oath prescribed by 
the Constitution, they shall give their votes for President and Vice 
President, on the day fixed by law of the United States, for meeting of 
electors of President and Vice President, and shall cast their votes 
for the candidates who received a plurality of the votes cast in the 
State (Sec. 20-4).st

MASSACHUSETTS
Presidential Electors: 12

a. nomination
(1) Major parties
The State committees of the respective political parties at a meeting 
called for the purpose shall nominate the presidential electors. The 
surnames of the candidates for President and Vice President of the 
United States shall be added to the party or political designation of 
the candidates for presidential electors. Such surnames and a list of 
the persons nominated for presidential electors together with an 
acceptance in writing signed by each candidate for elector shall be 
filed by the state chairmen of the respective political parties not 
later than the second Tuesday of September (Massachusetts General Laws 
Annotated, ch. 53, Sec. 8, Supp.). Nomination papers for presidential 
elector are to be filed on the last Tuesday in August in which a 
presidential election is to be held (Sec. 10, Supp.).
(2) Minor and new parties
At any primary, caucus or convention, each party having the right to 
participate in or hold the same may nominate as many candidates for 
each office for which it has the right to make nominations therein as 
there are persons to be elected to that office, and no more. A party 
which makes one or more nominations shall be entitled to have the name 
of each of its candidates printed on the ballot to be used at the 
ensuing election; but, unless the nomination is made by direct 
plurality vote in a primary or in several caucuses held in more than 
one ward or in more than one precinct or group of precincts, a 
certificate of nomination must be filed with the Secretary of State 
(Sec. Sec. 1, 5; and Sec. 10, Supp.).
Such State convention shall be held not earlier than 4 days after the 
caucuses at which delegates to such convention were elected, and not 
later than 48 hours prior to the hour for filing certificate of 
nomination (Sec. 4).
The certificate of nomination with the candidates' written acceptance, 
except for presidential electors, should be filed by the secretary of 
the convention with the Secretary of State within 72 hours succeeding 
5:00 p.m. of the day on which the caucus was held or the session of the 
convention terminated (Sec. 5; and Sec. 9, Supp.).
Nomination papers should include the party, if any, which a candidate 
represents (Sec. 8, Supp.). Names of candidates for President and Vice 
President shall be added to the party or political designation of 
candidates for presidential electors (Sec. 8, Supp.). Provisions of 
this paragraph also apply to nomination papers for independent and new 
party candidates.
(3) Independent candidates
Nomination papers are required for candidates to be voted on by the 
State at large, signed by voters equal in number to one half of one 
percent of the entire State vote for Governor at the last biennial 
election (Sec. 6, Supp.). Candidate's written acceptance must accompany 
nomination papers (Sec. 9, Supp.). Nomination papers should be 
submitted to registrars of signer's city or town of voting residence 
for certification on or before 5:00 p.m. of the 7th day before last 
date for filing (Sec. 7, Supp.), and should be filed with the Secretary 
of State (Sec. 9, Supp.). Nomination papers for presidential elector 
are to be filed on or before the last Tuesday in August of the year in 
which a presidential election is to be held (Sec. 10, Supp.).

b. names on general election ballots
The names of the candidates for presidential electors shall not be 
printed on the ballot, but in lieu thereof, the sur-names of the 
candidates of each party for President and Vice President in one line 
under the designation ``Electors of President and Vice President.'' A 
square in which the voter may designate his choice for electors is at 
the right of each political designation. The candidates for electors 
are nominated to vote for the party's candidates for President and Vice 
President. The vote for such latter candidates on the State ballot, 
however, shall be deemed as a vote for the candidates for electors (ch. 
54, Sec. Sec. 43, 43A, 78).

c. statutory instructions
Candidates for President and Vice President and State chairmen when 
filing the list of nominees for presidential elector must also file an 
acceptance in writing signed by each candidate for presidential elector 
on a form to be provided by the Secretary of State. The acceptance form 
shall include a pledge by the presidential elector to vote for the 
candidate named in the filing (ch. 53, Sec. 8, Supp.).
Persons chosen as presidential electors shall meet at the statehouse on 
the date fixed by Federal law and organize. A journal of their 
proceedings shall be kept and shall be deposited in the office of the 
Secretary of State (ch. 54, Sec. 148).

MICHIGAN
Presidential Electors: 18

a. nomination
(1) Major parties
Presidential electors are nominated by major parties at their 
respective regular fall State conventions (Michigan Compiled Laws, 
Sec. 168.42). Such conventions shall commence not less than 60 days 
before the November general election at a time and place designated by 
the party State central committee. The calls for such conventions shall 
be issued at least 60 days prior to the August primaries (Sec. 168.591, 
Supp.).
The primary is held on the Tuesday succeeding the first Monday in 
August (Sec. 168.534, Supp.). August 8, 2000.
Each respective State central committee in its call for the State 
convention shall forward a notice to the chairman of each county 
committee of the party showing the number of delegates to which each 
county shall be entitled in the State convention of the party, and the 
State central committee shall apportion such delegates to the several 
counties in proportion to the number of votes cast for the candidate of 
the party for Secretary of State in each of said counties, at the last 
preceding November election. In addition to the proportionate number of 
delegates allocated to each county, the   State central committees 
shall allocate an additional number of delegates equal to the number of 
incumbent legislators nominated by their party and residing in such 
county (Sec. 168.598).
County conventions meet to choose delegates to the State conventions 
which shall be held not less than 8 nor more than 19 days after the 
August primaries (Sec. 168.592).
The names of all the candidates for electors as well as the candidates 
of the party for the offices of President and Vice President shall be 
certified by the State central committee of each party to the Secretary 
of State and the various county boards of election commissioners within 
24 hours after the conclusion of the conventions (Sec. 168.686).
(2) Minor and new parties
Any political party which failed to have at least one candidate who 
received at least 5 percent of the total vote cast for all candidates 
for the office of Secretary of State in the last preceding State 
election, either in the State or in any political subdivision affected, 
shall not make its nominations by the direct primary method. The 
nomination of candidates of such parties shall be made by means of 
caucuses and conventions (Sec. Sec. 168.532, 168.686a). A convention 
for the selection of presidential electors shall commence at least 60 
days prior to the November general election (Sec. Sec. 168.42, 168.591, 
Supp.). Such nominations shall be certified by the chairman and 
secretary of the convention or caucus, under oath, and there shall 
accompany such certifications a written acceptance of nomination by 
each candidate and affidavit of identity (Sec. 168.686a).
Nomination certificates shall also contain the designation of the party 
(Sec. 168.687). In each presidential election year, names of a party's 
candidates for President and Vice President shall be filed at the same 
time (Sec. 168.686). The name of no candidate of a new political party 
shall be printed upon the official ballots of any election unless the 
chairperson and secretary of the state central committee of the party 
shall have filed with the secretary of state not later than 4 p.m. of 
the 110th day before the November general election, a certificate 
signed by them bearing the name of the party, together with petitions 
bearing the signatures of registered and qualified electors equal to 
not less than one percent of the total number of votes cast for 
governor at the last election in which a governor was elected. The 
petitions shall be signed by at least 100 residents in each of at least 
one half of the congressional districts of the State and not more than 
35 percent of the minimum required number of the signatures may be 
resident electors of any one congressional district (Sec. 168.685, 
Supp.). New parties shall nominate presidential electors in the same 
manner as other parties (Sec. 168.42).

b. names on general election ballots
The names of the candidates for President and Vice President are 
printed on the general State ballot in lieu of the names of the 
electors. The office title, however, reads ``Electors of President and 
Vice President of the United States'' (Sec. 168.706). A vote for the 
presidential and vice presidential candidates shall be deemed a vote 
for their entire list of presidential electors (Sec. 168.45).

c. statutory instructions
The electors shall convene in the senate chamber at the State capitol 
at 2:00 p.m. on the first Monday after the second Wednesday in December 
after their election (Sec. 168.47). Those candidates for electors of 
President and Vice President shall be deemed elected whose names have 
been certified to the Secretary of State by that political party 
receiving the greatest number of votes for the office at the ensuing 
November election (Sec. 168.42).

MINNESOTA
Presidential Electors: 10

a. nomination
(1) Major parties
Presidential electors are nominated by delegate conventions called and 
held under the supervision of the respective State central committees 
of the major parties of the State. The names of the persons nominated 
as presidential electors shall be certified to the Secretary of State 
by the chairman of such convention for the office of presidential 
elector on or before any primary election day (Minnesota Statutes 
Annotated, Sec. 208.03).
``Major political party'' means a political party that maintains a 
party organization in the State, political division or precinct in the 
question and:
(a) Which has presented at least one candidate for election to a 
partisan office at the last preceding State general election, which 
candidate received votes in each county in that election and received 
votes from not less than five percent of the total number of 
individuals who voted in that election; or
(b) Whose members present to the county auditor a petition for a place 
on the State partisan primary ballot, which petition contains 
signatures of a number of the party members equal to at least five 
percent of the total number of individuals who voted in the preceding 
State general election in the county where the application is submitted 
(Sec. 200.02, Subd. 7).
(2) Minor and new parties
Candidates for any partisan office who do not seek the nomination of a 
major Political Party shall be nominated by nominating petition and 
shall file an affidavit of candidacy (Sec. 204B.03). On petitions 
nominating presidential electors, the names of the candidates for 
President and Vice President shall be added to the political party or 
political principle stated on the petition. One petition may be filed 
to nominate a slate of presidential electors equal in number to the 
number of electors to which the State is entitled (Sec. 204B.07, Subd. 
2).
Nominating petitions shall be signed during the period when petitions 
may be filed as provided in section 204B.09. A nominating petition may 
be signed only by individuals who are eligible to vote for the 
candidate who is nominated.  No individual may sign more than one 
nominating petition for candidates for the same office unless more than 
one candidate is to be elected to that office. If more than one 
candidate is to be elected to the office, an individual may sign as 
many petitions as there are candidates to be elected.
The number of signatures required on a nominating petition for a State 
office voted on statewide shall be one percent of the total number of 
individuals voting in the State at the last preceding State general 
election, or 2,000, whichever is less (Sec. 204B.08, Subds. 1-3).
Candidates for presidential electors may file affidavits and petitions 
on or before the State primary day (September 13, 1987) (Sec. 204B.09, 
Subd. 1).
(3) Independent candidates (See Minor and new parties supra.).

b. names on general election ballots
The names of the party candidates for President and Vice President 
rather than the names of the persons nominated for presidential elector 
are printed on the ballot, and a vote for the candidate shall be 
counted as a vote for each of the party's electors (Sec. 208.04, 
Supp.).

c. statutory instructions
The presidential electors, elected at the November election, shall meet 
at 12:00 noon in the executive chamber at the State capitol on the day 
fixed by Congress for voting for President and Vice President, and then 
and there perform all the duties imposed upon them as such electors by 
the Constitution and laws of the United States and the State 
(Sec. Sec. 208.06-208.08, Supp.).

MISSISSIPPI
Presidential Electors: 7

a. nomination

(1) Major parties
At the State convention, a slate of electors composed of the number of 
electors allotted to this State, which said electors announce a clearly 
expressed design and purpose to support the candidates for President 
and Vice President of the national political party with which the said 
party of this State has had an affiliation and identity of purpose 
heretofore, shall be designated and selected for a place upon the 
primary election ballot (Mississippi Code Annotated, Sec. 23-15-771).
When presidential electors are to be chosen, the Secretary of State of 
Mississippi shall certify to the circuit clerks of the several counties 
the names of all candidates for President and Vice President who are 
nominated by any national convention or other like assembly of any 
political party or by written petition signed by at least one thousand 
(1,000) qualified voters of this State. The certificate of nomination 
by a political party convention must be signed by the presiding officer 
and secretary of the convention and by the chairman of the State 
executive committee of the political party making the nomination. Any 
nominating petition, to be valid, must contain the signatures as well 
as the addresses of the petitioners. Such certificates and petitions 
must be filed with the State Board of Election Commissioners by filing 
the same in the office of the Secretary of State not less than sixty 
(60) days previous to the day of the election (Sec. 23-15-785).

(2) Minor parties, new parties and independent candidates
Presidential electors may be nominated by an assembly of any political 
party or by written petition signed by at least 1,000 qualified voters. 
The Secretary of State shall certify to the county clerks the names of 
nominated candidates for President and Vice President (Sec. 23-15-
785(1)).

b. names on general election ballots
The State Board of Election Commissioners and any other official 
charged with the preparation of official ballots shall place on such 
official ballots the words ``PRESIDENTIAL ELECTORS FOR (here insert the 
name of the candidate for President, the word `AND' and the name of the 
candidate for Vice President)'' in lieu of placing the names of such 
presidential electors on such official ballots, and a vote cast 
therefor shall be counted and shall be in all respects effective as a 
vote for each of the presidential electors representing such candidates 
for President and Vice President of the United States. In the case of 
unpledged electors, the State Board of Election Commissioners and any 
other official charged with the preparation of official ballots shall 
place on such official ballots the words, ``UNPLEDGED ELECTOR(S)'' 
(here insert the name(s) of individual unpledged elector(s) if placed 
upon the ballot based upon a petition granted in the manner provided by 
law stating the individual name(s) rather than a slate of electors) 
(Sec. 23-15-785(4)).

c. statutory instructions
Each certificate of nomination and nominating petition must be 
accompanied by a list of the names and addresses of persons, who shall 
be qualified voters of this State, equal in number to the number of 
presidential electors to be chosen. Each person so listed shall execute 
the following statement which shall be attached to the certificate or 
petition when the same is filed with the State Board of Election 
Commissioners: ``I do hereby consent and do hereby agree to serve as 
elector for President and Vice President of the United States, if 
elected to that position, and do hereby agree that, if so elected, I 
shall cast my ballot as such for ______ for President and ______ for 
Vice President of the United States'' (inserting in said blank spaces 
the representative names of the persons named as nominees for said 
respective offices in the certificate to which this statement is 
attached) (Sec. 23-15-785(3)).
The electors chosen shall meet at the seat of government of the State 
on the first Monday after the second Wednesday in December next 
following their election, and shall there give their votes for 
President and Vice President of the United  States, and shall make 
return thereof agreeably to the laws of the United States; and should 
any elector so chosen fail to attend and give his vote, the other 
electors attending shall appoint some person or persons to fill the 
vacancy or vacancies, who shall attend and vote as electors; and such 
appointment shall be forthwith reported to the Secretary of State 
(Sec. 23-15-789).

MISSOURI
Presidential Electors: 11

a. nomination
(1) Major parties
The State committee of any established political party may call a 
convention of delegates to be apportioned, chosen, or elected in such 
manner as it may prescribe for the purpose of nominating presidential 
electors (Vernon's Annotated Missouri Statutes, Sec. 115.625). The term 
``established political party'' for the State means a political party 
which at either of the last two general elections polled for its 
candidate for any statewide office more than two percent of the entire 
vote cast for the office (Sec. 115.013(10)).
Not later than the third Tuesday prior to each presidential election, 
the State committee of each established political party shall certify 
in writing to the Secretary of State the names of its nominees for 
presidential elector. At least one qualified resident of each 
congressional district shall be named as a nominee for presidential 
elector by each State committee, and the number of nominees for 
presidential elector named by each State committee shall equal the 
number to which the State is entitled (Sec. 115.399(2)).
(2) New parties
Any group of persons desiring to form a new political party throughout 
the State shall file a petition with the Secretary of State. The 
petition shall declare the intention to form a new political party, 
state the name of the proposed party, give the names and addresses of 
the chairman and treasurer of the party. If presidential electors are 
to be nominated by petition, at least one qualified resident of each 
congressional district shall be named as a nominee for presidential 
elector. The number of candidates to be nominated shall equal the 
number of electors to which the State is entitled, and the names of 
their candidates for President and Vice President shall be printed on 
each page or a sheet attached to each page of the petition. The names 
of the candidates for President and Vice President may be added to the 
party name, but the names of the candidates for President and Vice 
President shall not be printed on the official ballot without their 
written consent. Their written consent shall accompany and be deemed 
part of the petition. If the new party is to be formed for the entire 
State, the petition shall be signed by at least ten thousand registered 
voters of the state obtained at large (Sec. 115.315).
The filing of a valid petition shall constitute the political group a 
new party for the purpose of placing its name and the names of the 
candidates which were submitted pursuant to Sec. 115.327 on the ballot 
at the next general election or the special election if the petition 
nominates a candidate to fill a vacancy which is to be filled at a 
special election. If presidential electors are nominated by the 
petition, the names of the candidates for elector shall not be placed 
on the official ballot, but the names of their candidates for President 
and Vice President shall be placed on the official ballot at the next 
presidential election (Sec. 115.317).
The Secretary of State shall not accept for filing any petition for the 
formation of a new party which is submitted before 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).
(3) Independent candidates
Any person desiring to be an independent candidate for any office to be 
filled by voters throughout the State shall file a petition with the 
Secretary of State. The petition shall declare the intention to 
nominate an independent candidate, state the name and address of the 
independent candidate, and the office for which the candidate is to be 
nominated. If independent candidates for presidential elector are to be 
nominated, a number of independent candidates for presidential elector 
equal to the number of electors to which the State is entitled shall be 
nominated by one petition, and the names of their candidates for 
President and Vice President shall be printed on each page or a sheet 
attached to each page of the petition. At least one qualified resident 
of each congressional district shall be named as a nominee for 
presidential elector, and the name and address of each candidate shall 
be printed on each page or a sheet attached to each page of the 
petition. The names of the candidates for President and Vice President 
shall not be printed on the official ballot without their written 
consent. Their written consent shall accompany and be deemed part of 
the petition (Sec. 115.321).
If an independent candidate is to be nominated for a statewide office, 
the petition shall be signed by at least ten thousand registered voters 
of the state. The name of each person who files a valid petition for 
nomination as an independent candidate shall be placed on the official 
ballot as an independent candidate for the office at the next 
general  election or the special election if the petition nominates a 
candidate to fill a vacancy which is to be filled at a special 
election. If presidential electors are nominated by the petition, the 
names of the candidates for elector shall not be placed on the official 
ballot, but the names of their candidates for President and Vice 
President shall be placed on the official ballot at the next 
presidential election (Sec. 115.321).
The Secretary of State shall not accept for filing any petition for the 
nomination of an independent candidate which is submitted before 8 a.m. 
on the day immediately following the general election next proceding 
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).

b. names on general election ballots
In place of the names of candidates for electors of President and Vice 
President of any political party or group of petitioners there shall be 
printed the names of candidates of each political party for President 
and Vice President. A vote for any of such candidates for President and 
Vice President shall be a vote for the electors of the party by which 
such candidates were named and whose names have been filed with the 
Secretary of State (information received from office of Missouri 
Secretary of State; see also Sec. Sec. 115.317 and 115.321(5)).

c. statutory instructions
Not later than the third Tuesday before each presidential election, the 
State committee of each established political party shall certify in 
writing to the Secretary of State the names of its nominees for 
presidential elector (Sec. 115.399(2)). The electors of President and 
Vice President shall meet and give their votes on the first Monday 
after the second Wednesday in December following their appointment (3 
U.S.C. Sec. 7). The electors are notified of their election, and they 
assemble at the seat of government by 2 p.m. of the day specified by 3 
U.S.C. Sec. 7 to perform the duties enjoined upon them by Federal law. 
If there is a failure to elect, the electors attending at the time and 
place shall appoint a suitable person or persons to fill the vacancy or 
vacancies (Sec. 128.130).

MONTANA
Presidential Electors: 3

a. nomination
(1) Major parties
Every political party that had a candidate for a statewide office who 
received a total vote that was 5 percent or more of the total votes 
cast for the successful candidate for Governor in either of the last 
two general elections shall nominate presidential electors and file 
certificates of nomination for these candidates with the Secretary of 
State no later than 75 days before the general election and in the 
manner and number provided by law. The Secretary of State shall certify 
to the election administrator the names of the candidates for President 
and Vice President of the several political parties, which shall be 
printed on the ballot. The names of candidates for electors of 
President and Vice President may not be printed upon the ballot 
(Montana Code Annotated, Sec. 13-25-101).
(2) Independent or minor party candidates
An individual who desires to run for President or Vice President as an 
independent candidate or as a candidate of a party which did not 
receive in an election for a statewide office a total vote that was 5 
percent or more of the total votes cast for the successful candidate 
for Governor in either of the last two general elections shall file a 
petition for nomination with the Secretary of State 90 days prior to 
the date of the general election. The petition must first be submitted, 
at least one week before the deadline for filing, to the election 
administrator in the county where the signer resides for verification 
and certification. The petition must have the signatures of electors 
equal to 5 percent or more of the total votes cast for the successful 
candidate for Governor at the last general election or 5,000 electors, 
whichever is less. The names of the candidates for the required number 
of presidential electors allowable to Montana shall be certified to the 
Secretary of State when the petition for nomination is filed (Sec. 13-
10-504).

b. names on general election ballots
The names of candidates for electors or President and Vice President 
may not be printed on the ballots; only the names of the candidates for 
President and Vice President should appear on the ballots (Sec. 13-25-
101).

c. statutory instructions
The electors shall meet in Helena at 2:00 p.m. on the first Monday 
after the second Wednesday in December following their election. They 
shall vote by separate ballots for one person for President and one for 
Vice President. They shall cast their ballots for the persons who 
received the highest number of votes for President and Vice President, 
respectively. They shall make lists of the persons voted for, indicate 
the number of votes for each, certify, seal, and transmit the lists as 
prescribed by United States laws (Sec. Sec. 13-25-104 and 13-25-105).

NEBRASKA
Presidential Electors: 5

a. nomination
(1) Major parties
Each of the various political parties shall hold a delegate state 
postprimary convention biennially on a date to be fixed by the state 
central committee but not later than October 1. Such convention shall 
nominate candidates for such elective state offices as are excepted 
from the operation of the direct primary law. Such nominations shall be 
certified to the Secretary of State by the presiding officer and the 
secretary of the convention, as such, which certificates shall have the 
same force and effect as nominations in primary elections, and shall be 
treated accordingly. The convention shall formulate and promulgate a 
state platform, select a state central  committee and select electors 
for President and Vice President of the United States, the names of 
whom shall be certified to the Governor and Secretary of State by the 
officers of such convention. The state convention shall exercise such 
powers as ordinarily vest in conventions and shall transact such 
business as shall properly come before it. (Revised Statutes of 
Nebraska, Sec. 32-556).
At least 60 days prior to any general election at which candidates for 
President and Vice President are to be voted upon by the electors of 
the state, the appropriate officers of the various national political 
conventions shall certify the names and addresses of such candidates 
selected by convention to the Secretary of State. The Secretary of 
State shall then take appropriate steps to place the names of the 
presidential and vice-presidential candidates on the ballot in 
accordance with provisions of law (Sec. 32-561).
(2) Minor and new parties
A party which failed to poll at least 5 percent of the entire vote in 
the State must use the methods prescribed for a newly formed party in 
order to get its candidates' names upon the primary ballot 
(Sec. Sec. 32-521, 32-526).
In order to form a new political party there shall be presented to the 
Secretary of State petitions containing signatures totaling not less 
than one percent of the total votes cast for the office of Governor at 
the most recent general election for such office. The signatures of 
registered electors on such petitions must be so distributed as to 
include qualified registered electors totaling at least one percent of 
the votes cast for Governor in the most recent gubernatorial election 
in each of the three congressional districts. The petitions must be 
filed with the Secretary of State at least 90 days before any State 
primary election held under the laws of this State if the new political 
party desires to have ballot position in the primary election of that 
year. If the new political party desires to be established and have 
ballot position for the general election and not in the primary of that 
year, such petitions must be filed with the Secretary of State on or 
before August 1 of that year. Prior to the circulation of such 
petitions to form a new political party, a sample copy of such 
petitions must be filed with the Secretary of State by the individual, 
group or association seeking to establish the new party. In addition, 
the sample petition shall be accompanied by a verified list of the 
names and addresses of the individual or the members of the group or 
association sponsoring the petition to form a new political party 
(Sec. 32-526(1)).
Every circulator of a petition shall be not less than the 
constitutionally prescribed age of an elector, a resident, and a 
registered voter of the State of Nebraska and of the county wherein the 
petitioners reside (Sec. 32-526(3)).
Clerical and technical errors in a petition shall be disregarded if the 
forms prescribed are substantially followed (Sec. 32-526(4)).
Within 10 days after all petitions containing signatures are filed with 
the Secretary of State, he shall determine the validity and sufficiency 
of such petitions and signatures. If the petitions to form the new 
political party are determined to be sufficient and valid, the 
Secretary of State shall issue a certification establishing the new 
political party. Copies of such certification shall be issued to the 
person, group or association forming the new political party. Within 20 
days after the certification of establishment of the new political 
party by the Secretary of State, the person, group or association 
forming the party or its new officers shall file with the Secretary of 
State the constitution and by-laws of such party along with a certified 
list of the names and addresses of the officers of the new political 
party (Sec. 32-526(5)).
The petitions to form a new political party shall state the name of the 
party to be formed, but the name of any then existing political party 
or any word forming any part of the name of any party then existing 
shall not be adopted (Sec. 32-526(6)).
A new political party established prior to the primary election of that 
year shall be entitled to have a separate party ballot at the next 
primary election held thereafter. Such party and its candidates shall 
be subject to and governed by the statutes governing existing political 
parties. Candidates for political office may register as members of the 
new political party and file for office as candidates under the party 
label of the new political party in accordance with the filing 
deadlines as established by law (Sec. 32-526(7)).
Any person signing any name other than his own to any petition or 
knowingly signing his name more than once, or who is not, at the time 
of signing or circulating the same, a legal voter and qualified to sign 
or circulate the same, or any person who shall falsely swear to any 
signature upon any such petition, or any officer or person willfully 
violating any provision of this section, shall be guilty of a class V 
misdemeanor (Sec. 32-526(8)).
Candidates for the offices of President and Vice President of newly 
established political parties or of an independent status may obtain 
general election ballot position by filing with the Secretary of State 
an application with the following information:
(a) the name or names to be printed on the ballot;
(b) the status of the candidacy, whether independent or partisan;
(c) the written consent of the designated vice presidential candidate 
to have his or her name printed on the ballot;
(d) a list of names and addresses of the persons to represent the 
applicant as presidential elector candidates and the written consent of 
these persons to become candidates; and
(e) a petition signed by qualified voters numbering not less than 
2,500. The petitions shall not be circulated until after the date of 
the primary election in that election year (Sec. 32-504(3)).
(3) Independent candidates
Candidates for the offices of President and Vice President of an 
independent status may obtain general election ballot position by 
filing with the Secretary of State an application containing the 
following information:
(a) the name or names to be printed on the ballot;
(b) the status of the candidacy, whether independent or partisan;
(c) the written consent of the designated vice presidential candidate 
to have his or her name printed on the ballot;
(d) a list of names and addresses of the persons to represent the 
applicant as presidential elector candidates and their written consent 
to become candidates; and
(e) a petition signed by qualified voters numbering not less than 
2,500. These petitions shall not be circulated until after the date of 
the primary election in that election year. Voters who voted in the 
primary of any political party that held a presidential preference 
primary that year are ineligible to sign the petitions of an 
independent candidate for President (Sec. 32-504(3)).

b. names on general election ballot
At least sixty days prior to any general election at which candidates 
for President and Vice President are to be voted upon by the electors 
of the State, the appropriate officers of the various national 
political conventions shall certify the names and addresses of such 
candidates selected by convention to the Secretary of State. The 
Secretary of State then takes appropriate steps to place the names of 
the presidential and vice presidential candidates on the ballot in 
accordance with provisions of law (Sec. 32-561).
The candidates of political parties nominated at conventions for 
presidential elector do not appear on the ballot. In their places 
appear the names of candidates for President and Vice President grouped 
together in the space entitled ``Presidential Ticket'' (Sec. 32-
421.01(2)). There is no write-in voting for President (presidential 
electors) (Sec. 32-428). The canvass of the votes for candidates for 
President and Vice President and the return thereof is a canvass and 
return of the votes cast for presidential electors of the same party or 
group of petitioners respectively and certificates of election are 
issued to the electors (Sec. Sec. 32-4101, 32-4104).
One presidential elector shall be chosen from each congressional 
district, and two presidential electors shall be chosen at large 
(Sec. 32-556).

c. statutory instructions
The electors are issued a certificate of appointment by the Governor 
directing them to be at the State capitol at noon on the first Monday 
after the second Wednesday in December and report to the Governor as 
being in attendance. The electors convene at 2 p.m. on such Monday at 
the executive office in the capitol and proceed to fill any vacancy in 
the office of elector. The college of electors proceeds with the 
election of a President and Vice President and certifies their votes in 
conformity with the Constitution and laws of the United States 
(Sec. Sec. 32-546 to 32-548).
Each at large presidential elector shall cast his or her ballot for the 
presidential and vice-presidential candidates who received the highest 
number of votes in the state. Each congressional district presidential 
elector shall cast his or her ballot for the presidential and vice-
presidential candidates who received the highest number of votes in his 
or her congressional district (Sec. 32-548).

NEVADA
Presidential Electors: 4

a. nomination
(1) Major parties
Each political party in this State, qualified by law to place upon the 
general election ballot candidates for the office of President and Vice 
President of the United States in the year when they are to be elected, 
shall, at the State convention of the political party held in that 
year, choose from the qualified electors, who are legally registered 
members of such political party, the number of presidential electors 
required by law and no more, who shall be nominated by the delegates at 
the State convention. Upon the nomination thereof, the chairman and the 
secretary of the convention shall certify the names and addresses of 
such nominees to the Secretary of State, who shall record the names in 
his office as the presidential elector nominees of that political party 
(Nevada Revised Statutes Annotated, Sec. 298.020(1)).
(2) Minor and new parties
Each minor political party in this state, qualified by law to place 
upon the general election ballot candidates for the office of President 
and Vice President of the United States in the year when they are to be 
elected, shall choose from the qualified electors, the number of 
presidential electors required by law. The person who is authorized to 
file the list of candidates of the minor political party with the 
Secretary of State pursuant to NRS 293.1725 shall certify the names and 
addresses of the nominees to the Secretary of State, who shall record 
the names in his office as the nominees of that political party for 
presidential elector (Sec. 298.020(2)).
(3) Independent candidates
A person who desires to be an independent candidate for the office of 
President of the United States must, not later than 5 p.m. on the 
second Friday in August in each year in which a presidential election 
is to be held, pay a filing fee of $250 and file with the Secretary of 
State a declaration of candidacy and a petition of candidacy, in which 
he may also designate his nominee for Vice President. The petition must 
be signed by a number of registered voters equal to not less than 1 
percent of the total number of votes cast at the last preceding general 
election for candidates for Representative in Congress and must request 
that the names of the proposed candidates be placed on the ballot at 
the general election that year.
The petition may consist of more than one document. Each document must 
bear the name of a county and only registered voters of that county may 
sign the document. The documents which are circulated for signature in 
a county must be submitted to that county clerk for verification in the 
manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later 
than 25 working days before the last day to file the petition of 
candidacy  with the Secretary of State. Each person signing shall add 
to his signature the address of the place at which he resides, the date 
of signing, and the name of the county wherein he is registered to 
vote. Each document of the petition must also contain the affidavit of 
the person who circulated the document that all signatures thereon are 
genuine to the best of his knowledge and belief and were signed in his 
presence by persons registered to vote in that county.
Each independent candidate so nominated for the office of President 
shall at the time of filing his petition or within 10 days thereafter, 
file with the Secretary of State his written designation of the names 
of the number of presidential electors then authorized by law, whom the 
independent candidate desires to act as his electors, all of whom must 
then be registered voters. Immediately following receipt of each 
candidate's written designation of his nominees for electors, the 
Secretary of State shall record them in his office as the nominees for 
presidential electors of that independent candidate.
If the candidacy of any person who seeks to qualify pursuant to this 
section is challenged, all affidavits and documents in support of the 
challenge must be filed with the first judicial district court not 
later than 5 p.m. on the fourth Tuesday in August. Any judicial 
proceeding relating to the challenge must be set for hearing not later 
than 5 days after the fourth Tuesday in August (Sec. 298.109).

b. names on general election ballots
The names of the candidates for elector are not printed on the ballot. 
In the general election only the names of the candidates of the 
respective parties for President and Vice President are printed on the 
ballot, but the presidential elector nominees of the political party 
whose candidates for President and Vice President receive the highest 
number of votes shall be deemed the elected presidential electors and 
thereafter they shall perform the duties of presidential electors 
required by law and the Constitution of the United States 
(Sec. 298.025).

c. statutory instructions
The presidential electors so chosen shall convene at the seat of 
government on the 1st Monday after the second Wednesday in December 
next after their election, at 2:00 p.m., or on such other date the 
Congress of the United States may by law hereafter provide 
(Sec. 298.030). The presidential electors, when convened, shall vote by 
ballot for one person for President and one person for Vice President, 
one of whom, at least, shall not be an inhabitant of the State. The 
presidential electors shall vote only for the nominees for President 
and Vice President of the party or the independent candidates that 
prevailed in the State in the preceding general election 
(Sec. 298.050).

NEW HAMPSHIRE
Presidential Electors: 4

a. nomination
(1) Major parties
Presidential electors shall be nominated by state party conventions as 
provided in RSA 667:21 (Sec. 665:54).
Not earlier than the third Tuesday of September following any primary 
and not later than the last Tuesday of October, upon the call of the 
chairman of the State committee of the party, the nominees of each 
party for the offices of Governor, U.S. Senator, U.S. Representative, 
councilors, State senators, county officers, representatives, and State 
delegates elected, and an incumbent U.S. Senator whose term does not 
expire during the January following the general election, shall meet in 
State convention for the purpose of nominating presidential electors. 
Presidential electors nominated by the convention shall be certified to 
the Secretary of State by the chairman and the clerk of the convention. 
Upon receipt of the foregoing certifications, the Secretary of State 
shall publish in some paper of general circulation the names of the 
persons found by him to have been chosen as candidates for presidential 
electors by the several parties (New Hampshire Revised Statutes 
Annotated, Sec. 667:21).
(2) Minor and new parties
As an alternative to nomination by party primary, a candidate may have 
his name placed on the ballot by submitting the requisite number of 
nomination papers. This alternative would appear to apply to political 
organizations which at the preceding State general election received 
less than 4 percent of the total number of votes cast for the office of 
Governor or U.S. Senator (Sec. Sec. 652:11 and 655:40). For candidates 
for President and Vice President 3,000 names of legal voters are 
required, 1,500 from each congressional district in the State 
(Sec. 655:42). The nomination papers are to be filed with the Secretary 
of State no later than 5:00 p.m. on the Wednesday one week before the 
primary (Sec. 655:43).
Independent candidates have to submit nomination papers as an 
alternative to nomination by party primary. The nomination papers must 
contain 3,000 names, of which 1,500 must be from each congressional 
district. The nomination papers are to be filed with the Secretary of 
State no later than 5:00 p.m. on the Wednesday one week before the 
primary (Sec. 655:40-Sec. 655:43).

b. names on general election ballots
The names and addresses of the presidential electors shall not be 
printed on the ballot, but, in lieu thereof, the names of a party's 
candidates for President and Vice President shall be printed under the 
designation ``President and Vice President of the United States.'' 
(Sec. 656:4). In the case of the candidates for President and Vice 
President, one square shall be placed on the ballot opposite the 
designation ``President and Vice President of the United States'' 
(Sec. 656:8).

c. statutory instructions
The electors of the President and Vice President shall meet in the 
State House in Concord on the day fixed by law and  by 12:00 o'clock at 
midday shall give notice to the Governor and council of the number of 
electors present who accept the office (Sec. 660:27). The electors 
shall give their votes for President and Vice President on said day and 
shall proceed according to law (Sec. 660:29).

NEW JERSEY
Presidential Electors: 15

a. nomination
(1) Major parties
In presidential years the State committee of a political party shall 
meet at the call of its chairman, within 1 week following the closing 
of the party's national convention, for the purpose of nominating 
candidates for electors of President and Vice President. The State 
committee shall certify such nomination in a written or printed 
certificate of nomination (New Jersey Statutes Annotated, Sec. 19:13-
15).
(2) Minor and new parties
A political party which fails to poll at any primary election at least 
10 percent of the votes cast in the State for members of the general 
assembly at the next preceding general election shall not be entitled 
to have a party column on the official ballot at the general election 
for which the primary election was held. In such a case the names of 
the candidates so nominated at the primary election shall be printed in 
the column designated ``nomination by petition'', followed by the 
designation of the political party of which the candidates are members 
(Sec. 19:5-1).
Nomination petitions shall be signed by qualified voters of the State, 
equal in number to 2 percent of the entire vote cast for members of the 
general assembly at the last preceding general election, except that no 
more than 800 signatures are required for officers to be elected by the 
State at large (Sec. 19:13-5).
Petitions nominating electors of President and Vice President may 
contain the names of candidates for President and Vice President for 
whom such electors are to vote (Sec. 19:13-4).
(3) Acceptance
A candidate nominated by petition shall sign a written acceptance 
thereof under oath, which shall be attached to the nomination petition 
(Sec. 19:13-8).
(4) Oath of allegiance
Attached to the nomination papers shall also be the oath of allegiance 
to the Constitutions and Governments of the United States and of the 
State of New Jersey (Sec. 19:13-8).
Nominating petitions with attachments should be filed with the 
Secretary of State before 4:00 p.m. of the 99th day preceding the 
general election. (Sec. 19:13-9).

b. names on general election ballots
When presidential electors are to be elected, their names shall not be 
printed upon the ballot, either paper or voting machine, but in lieu 
thereof, the names of the candidates of their respective parties or 
political bodies for President and Vice President of the United States 
shall be printed together in pairs under the title ``Presidential 
Electors for.'' All ballots marked for the candidates for President and 
Vice President of a party or political body shall be counted as votes 
for each candidate for presidential elector of such party or political 
body (Sec. 19:14-8.1).

c. statutory instructions
The electors shall convene at the Statehouse in Trenton at 3:00 p.m. on 
the day appointed by Congress for that purpose and proceed, after 
choosing their officers, to perform the duties required of them by the 
Constitution and laws of the United States (Sec. Sec. 19:36-1, 36-3).

NEW MEXICO
Presidential Electors: 5

a. nomination
(1) Major parties
On or before June 1 of each year in which the President and Vice 
President of the United States are to be elected, the Secretary of 
State shall send written notice to the State chairman of each qualified 
political party in New Mexico setting forth the method and requirements 
for nominating and electing presidential electors at the general 
election (New Mexico Statutes Annotated, Sec. 1-15-1). Presidential 
electors shall not be nominated at the primary election (Sec. 1-15-2). 
Any qualified political party in New Mexico desiring to have candidates 
for President and Vice President on the general election ballot in a 
presidential election year shall, at a State party convention held in 
the year of the election, choose from the voters of the party the 
number of presidential electors required by law and no more. The 
presidential electors shall be nominated by the State convention 
according to the rules of that party on file with the Secretary of 
State. Upon the nomination of presidential electors, the chairman and 
secretary of the convention shall certify the names and addresses of 
the nominees not less than fifty-six days before the election to the 
Secretary of State (Sec. 1-15-3).
(2) Minor parties and new parties
To qualify as a political party in New Mexico, each political party 
through its governing body shall adopt rules and regulations providing 
for the organization and government of that party and shall file the 
rules and regulations with the Secretary of State. Such rules and 
regulations shall be adopted uniformly throughout the State by the 
county organizations of that party, where a county organization exists, 
and shall be filed with the county clerks. Each county political party 
organization may adopt such supplementary rules and regulations insofar 
as they do not conflict with the uniform State rules and regulations or 
do not abridge the lawful political rights of any person. Such 
supplementary rules shall be filed with the county clerk and the 
Secretary of State in the same manner as other rules are filed (Sec. 1-
7-2).
All political parties that appeared on the 1988 New Mexico general 
election ballot shall continue to be qualified political parties unless 
disqualified in accordance with this subsection. Beginning with the 
general election in 1990, a qualified political party shall cease to be 
qualified for the purposes of the Election Code if two successive 
general elections are held without at least one of the party's 
candidates on the ballot or if the total votes cast for the party's 
candidates for Governor or President of the United States, provided 
that the party has a candidate seeking election to either of these 
offices, in a general election do not equal at least one-half of one 
percent of the total votes cast for the office of Governor or President 
of the United States, as applicable. After giving notice by registered 
mail to the state chairman of the party at his last known address, the 
secretary of state shall remove all material dealing with the political 
party from his file of parties qualified in New Mexico (Sec. 1-7-2). To 
requalify, the party must again comply with the provisions of the 
election code dealing with filing requirements for political parties 
(Sec. 1-7-2).
The Secretary of State and the county clerk shall not accept the rules 
and regulations of any political party for filing unless such rules and 
regulations provide:
(a) a method for nominating candidates for the general election;
(b) a method for calling and conducting conventions;
(c) a method for selection of delegates to conventions;
(d) a method for selection of State central committee members, a State 
chairman and other party officers, and all other members of governing 
bodies of the party;
(e) a method for filling vacancies in party offices, committees and 
other governing bodies;
(f) the powers and duties of party officers, committees and other 
governing bodies;
(g) for the structure of the State and county party organizations;
(h) that meetings to elect any party officers, including delegates, 
shall be held at a public place during the week specified by the State 
party chairman;
(i) that notice of such meetings shall be published by the officers of 
the county party organization in a newspaper of general circulation at 
least 14 days prior to the meeting and the notice shall specify the 
time, date and place for holding the meeting; and
(j) a method for amending the party rules and regulations (Sec. 1-7-3).
Each political party shall file its rules and regulations within thirty 
days after its organization and no later than the first Tuesday in 
April before any election in which it is authorized to participate 
(Sec. 1-7-4).
Upon the nomination of presidential electors, the chairman and 
secretary of the convention shall certify the names and addresses of 
the nominees not less than fifty-six days before the election to the 
Secretary of State. The Secretary of State shall record the nominees' 
names in his office as the presidential elector nominees of that party 
(Sec. 1-15-3).
(3) Independent candidates
Nomination as an independent candidate shall be made by filing a 
declaration of independent candidacy and a 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. The Secretary of State shall 
prescribe and furnish the form for the declaration of independent 
candidacy for the offices of President and Vice President (Sec. Sec. 1-
8-48 and 1-8-51(B)).
Persons filing declarations of independent candidacy for President 
shall also file the names and addresses of the required number of 
presidential electors who intend to vote for the independent candidate 
in the Electoral College (Sec. 1-8-49).

b. names on general election ballots
The names of the presidential elector nominees chosen at a State 
convention shall not be placed upon the general election ballot. The 
Secretary of State shall certify to the various county clerks for 
inclusion upon the general election ballot the names of the persons 
nominated by each political party for the offices of President and Vice 
President. The names of nominees for President and Vice President for 
each political party shall be printed together in pairs upon the 
general election ballot. A vote for any such pair of nominees shall be 
a vote for the electors of the political party by which such nominees 
were named. The presidential elector nominees of the party whose 
nominees for President and Vice President of the United States receive 
the highest number of votes at the general election shall be deemed the 
elected presidential electors. (Sec. 1-15-4).

c. statutory instructions
Presidential electors for the State shall perform the duties of the 
presidential electors required by law and the Constitution of the 
United States.
Presidential electors of the State shall meet at 11:00 a.m. in the 
office of the Secretary of State on the day fixed by the laws of the 
United States for presidential electors to cast their ballots for 
President and Vice President of the United States. At such meeting the 
presidential electors shall organize by choosing a presiding officer 
and a secretary. If the full number of electors required by law are not 
present at such meeting for any reason, those presidential electors 
present shall, from a list of names nominated by the State chairman of 
that party, forthwith choose electors from the voters of the State 
party.
The presidential electors of the State shall meet at noon in the office 
of the Secretary of State on the day fixed by the laws of the United 
States for presidential electors to cast their ballots for President 
and Vice President and shall proceed to vote by ballot for President 
and Vice President of the United States and to certify the results of 
such election in accordance with Constitution and laws of the United 
States. The presidential elector chosen as secretary shall keep a 
journal of the proceedings and deposit the journal in the  office of 
the Secretary of State, where it shall be kept on file. All 
presidential electors shall cast their ballots in the electoral college 
for the candidates of the political party which nominated them as 
presidential electors.
Any presidential elector who casts his ballot in violation of the 
provisions is guilty of a fourth degree felony (Sec. Sec. 1-15-5 to 1-
15-9).

NEW YORK
Presidential Electors: 33

a. nomination
(1) Major parties
Nominations of candidates for the office of elector of President and 
Vice President of the United States, one for each congressional 
district and two at large, shall be made by the State committee (New 
York Election Law (McKinney's), Sec. 6-102).
(2) Minor and new parties
A political group which at the last preceding gubernatorial election 
did not poll at least 50,000 votes must make its nominations as an 
``independent body'' (Sec. 1-104 (3), (12)).
When an ``independent body'' becomes a political party by polling at 
least 50,000 votes for Governor, nominations shall, prior to and 
including the first general election thereafter, be made as provided by 
the rules of the party. A certificate of the nominations containing 
information on its candidates and the party, plus a copy of its rules, 
shall be signed by the presiding officer and the secretary and filed 
not later than seven weeks preceding the general election in the office 
of the State board of elections if for an office to be voted for in a 
district greater than one county (Sec. Sec. 6-128, 6-144).
(3) Independent candidates
A person may become a candidate of an independent body by filing a 
petition in the office of the State board of elections (Sec. Sec. 6-
138, 6-144).
An independent nominating petition for candidates to be voted for by 
all the voters of the State must be signed by at least 15,000 voters, 
of whom at least 100 shall reside in each of one-half of the 
congressional districts of the State (Sec. 6-142).
A person designated as a candidate for nomination or for party 
position, or nominated for an office, otherwise than at a primary 
election, may, in a certificate signed and acknowledged by him, decline 
the designation or nomination. However, if designated or nominated for 
a public office other than a judicial office by a party of which he is 
not a duly enrolled member or if designated or nominated for a public 
office other than a judicial office by more than one party or 
independent body or by an independent body alone, the person shall, in 
a certificate signed and acknowledged by him, accept the designation or 
nomination as a candidate of each party or independent body other than 
that of the party of which he is an enrolled member; otherwise, the 
designation or nomination shall be null and void (Sec. 6-146).

b. names on general election ballots
At the general election in November preceding the time fixed by law of 
the United States for the choice of President and Vice President of the 
United States, as many electors of President and Vice President of the 
United States shall be elected, as this state shall be entitled to. 
Each vote cast for the candidates of any party or independent body for 
President and Vice President of the United States and each vote cast 
for any write-in candidates for such offices shall be deemed to be cast 
for the candidates for elector of such party or independent body or the 
candidates for elector named in the certificate of candidacy of such 
write-in candidates (Sec. 12-100).
In voting for presidential electors, a voter may vote a write-in ballot 
for any person whose name does not appear on the ballot as a nominated 
or designated candidate (Sec. 8-308). The county board of elections 
shall publish at least six days before an election a list containing 
the name and residence of every candidate for public office, except 
those for the office of presidential electors to be voted for within 
its jurisdiction. The candidates for the office of presidential 
electors shall only be described as a specific number of electors, 
nominated to support the party candidates, naming them, for the office 
of President and Vice President (Sec. 4-122(2)). The board of elections 
shall transmit by mail or cause to be delivered personally to the State 
board of elections a certified copy of the statement of the canvassing 
board relating to the offices of electors of President and Vice 
President (Sec. 9-214).

c. statutory instructions
The electors shall convene at the State capitol at noon on the first 
Monday after the second Wednesday in December next following their 
election. They shall organize and then name in separate ballots the 
persons voted for as President and Vice President and then make and 
sign six certificates listing separately the votes for President and 
Vice President (Sec. Sec. 12-104, 12-106).

NORTH CAROLINA
Presidential Electors: 14

a. nomination
(1) Major parties
On Tuesday next after the first Monday in November in the year 1968, 
and every four years thereafter, or on such days as the Congress of the 
United States shall direct, an election shall be held in all of the 
election precincts of the State for the election of electors of 
President and Vice President of the United States. The number of 
electors to be chosen shall be equal to the number of Senators and 
Representatives in Congress to which this State may be entitled. 
Presidential electors shall not be nominated by primary election; 
instead, they shall be nominated in a State convention of each 
political party as defined in G.S. 163-96 unless otherwise provided by 
the plan of organization of the political party; provided, that in the 
case of a candidate for President of the United States who has 
qualified to have his name printed on the general election ballot as an 
unaffiliated candidate under G.S. 163-122, that candidate shall 
nominate presidential electors. One  presidential elector shall be 
nominated from each congressional district and two from the State at 
large (General Statutes of North Carolina, Sec. 163-1(c)).
(2) Minor and new parties
A minor party, or one which had failed to poll for its candidate for 
Governor or for presidential electors at least 10 percent of the entire 
vote cast for such officers at the last preceding general election, 
would have to reorganize in the same manner as is required to create a 
new party (Sec. 163-96). Any group may form a new party by filing a 
petition setting forth its intention to organize a new statewide party 
with the State Board of Elections on or before noon on June 1 preceding 
the general election, signed by registered and qualified voters equal 
in number to 2 percent of the total number of voters who voted in the 
most recent general election for Governor including at least 200 voters 
from each of four congressional districts (Sec. 163-96). Nominees of 
this group for State, congressional and national offices only for the 
first general election after its organization must be furnished to the 
Board by July 1 prior to the general election. Such nominations shall 
be made at a nominating convention (Sec. 163-98). Presidential electors 
are not to be nominated by primary election but are to be nominated by 
a State convention unless otherwise provided by the plan of 
organization of the political party (Sec. 163-1(c)).
(3) Independent candidates
Any qualified voter who seeks to have his name printed on the general 
election ballot as an unaffiliated candidate shall:
If the office is a statewide office, file written petitions with the 
State Board of Elections supporting his candidacy for a specified 
office. These petitions must be filed with the State Board of Elections 
on or before 12 noon on the last Friday in June preceding the general 
election and must be signed by qualified voters of the State equal in 
number to 2 percent of the total number of registered voters in the 
State as reflected by the most recent statistical report issued by the 
State Board of Elections. Each petition shall be presented to the 
chairman of the board of elections of the county in which the 
signatures were obtained. The chairman shall examine the names on the 
petition and place a check mark on the petition by the name of each 
signer who is qualified and registered to vote in his county and shall 
attach to the petition his signed certificate. Said certificates shall 
state that the signatures on the petition have been checked against the 
registration records and shall indicate the number of signers to be 
qualified and registered to vote in his county. The chairman shall 
return each petition, together with the certificate required in this 
section, to the person who presented it to him for checking. 
Verification by the chairman of the county board of elections shall be 
completed within 2 weeks from the date such petitions are presented 
(Sec. 163-122).

b. names on general election ballots
The names of candidates for electors of President and Vice President of 
any political party shall not be placed on the ballot but shall be 
filed with the Secretary of State. The names of the candidates for 
President and Vice President are placed on the ballot. A vote for such 
candidates, however, shall be counted as a vote for the electors of the 
party by which such candidates were named (Sec. Sec. 163-140, 163-209).

c. statutory instructions
The electors shall meet at the capitol in Raleigh at noon on the first 
Monday after the second Wednesday in December next after their election 
and give their votes on behalf of the State for President and Vice 
President (Sec. 163-210).
On or before the date fixed for the meeting of the electors, the 
Governor shall send by registered mail to the Archivist of the United 
States either three duplicate original certificates, or one original 
and two copies, under the great seal of the State setting forth the 
names of the persons chosen as presidential electors for this State and 
the number of votes cast for each. At the same time he shall deliver to 
the electors six duplicate-originals of the same certificate, each 
bearing the great seal of the State. At any time prior to receipt of 
the certificate of the Governor or within 48 hours thereafter, any 
person elected to the office of elector may resign by submitting his 
resignation, written and duly verified, to the Governor. Failure to so 
resign shall signify consent to serve and to cast his vote for the 
candidate of the political party which nominated such elector.
In case of the absence, ineligibility or resignation of any elector 
chosen, or if the proper number of electors shall for any cause be 
deficient, the first and second alternates nominated under G.S. 163-
1(c) shall fill the first two vacancies. If they are absent, or there 
are more than two vacancies, those present at the required meeting 
shall forthwith elect from the citizens of the State a sufficient 
number of persons to fill the deficiency, and the persons chosen shall 
be deemed qualified electors to vote for President and Vice President 
of the United States (Sec. 163-210).
Any presidential elector having previously signified his consent to 
serve as such, who fails to attend and vote for the candidate of the 
political party which nominated such elector for President and Vice 
President of the United States at the time and place indicated above 
(except in case of sickness or other unavoidable accident) shall 
forfeit and pay to the State $500, to be recovered by the Attorney 
General in the Superior Court of Wake County. In addition to such 
forfeiture, refusal or failure to vote for the candidates of the 
political party which nominated such elector shall constitute a 
resignation from the office of elector, his vote shall not be recorded, 
and the remaining electors shall forthwith fill such vacancy as 
hereinbefore provided (Sec. 163-212).

NORTH DAKOTA
Presidential Electors: 3

a. nomination
(1) Major parties
State party conventions are to nominate the legal number of candidates 
for their parties for the offices of presidential electors (North 
Dakota Century Code, Sec. 16.1-03-14). The names of the candidates 
nominated for presidential electors shall be certified by the chairman 
and secretary of the convention to the Secretary of State to be placed 
upon the general election ballot (ibid.).
All nominations made by a convention are to be certified. And the 
certificate is to be delivered by the secretary or the president of the 
convention by registered or certified mail or in person to the 
Secretary of State (Sec. 16.1-13-17).
(2) Minor and new parties
Any party that had printed on the ballot at the last preceding 
presidential election the names of a set of presidential electors 
pledged to the election of the party's candidate for President and 
whose candidates for presidential electors received at least five 
percent of the total vote cast for presidential electors within the 
state at that election must be provided with a separate column on 
primary election ballots (Sec. 16.1-13-30).
Any other political organization is entitled to endorse candidates or 
have candidates petition to be included on the primary ballot in a 
consolidated column, if a petition signed by at least 7,000 qualified 
electors is filed with the Secretary of State before 4 p.m. of the 60th 
day before a primary election. Candidates of that party are entitled to 
the same rights and privileges as those of other parties (Sec. 16.1-13-
30).
(3) Independent candidates
In order to have his name appear in the ``independent nominations'' 
column on the general election ballot, the candidate must file a 
certificate of nomination by petition with the Secretary of State. The 
certificate of nomination for an office to be filled by qualified 
electors of the entire State must contain 1,000 signatures (Sec. 16.1-
12-02). The certificate of nomination for presidential electors may 
contain the names of more than one nominee (Sec. 16.1-12-03). The 
certificate of nomination is to be filed with the Secretary of State by 
4 p.m. on the sixtieth day before the general election (Sec. 16.1-12-
04).

b. names on general election ballots
In presidential election years the ballot provided for in section 16.1-
06-05 shall include the designation of the office of President and Vice 
President as the first listing of the continuous listing of the 
designation of each office to be voted for. The names of presidential 
electors, presented in one certificate of nomination, shall be arranged 
in a group enclosed in brackets under the designation of the office of 
President and Vice President. To the right and opposite the center of 
each group of electors' names must be printed in bold type the surname 
of the presidential candidate represented and in line with such surname 
shall be placed a single square. A mark within such square shall be 
designated as a vote for all the electors. The appropriate party 
designation must appear, in smaller type, under the surname of the 
presidential candidate represented (Sec. 16.1-06-07.1).

c. statutory instructions
The electors shall meet at one o'clock p.m. in the office of the 
Governor in the State Capitol on the first Monday after the second 
Wednesday in December next following their election for the purpose of 
casting their ballots. The Secretary of  State shall notify the 
electors of said meeting. They must fill any vacancy in the office of 
elector by ballot by a plurality of votes (Sec. Sec. 16.1-14-04, 16.1-
14-05).

OHIO
Presidential Electors: 21

a. nomination
(1) Major parties and minor parties
Candidates for presidential elector are nominated by State conventions 
at a time and place determined by the State committees of the 
respective political parties (Ohio Revised Code, title 35, 
Sec. 3513.11).
Names of a party's candidates for presidential electors shall be 
certified by the chairman and secretary of the convention to the 
Secretary of State within 5 days after the holding of the convention.
A political party is defined as any group of voters which, at the last 
preceding regular State election, polled for its candidate for Governor 
in the State or nominees for presidential electors at least 5 percent 
of the entire vote cast for such office or which filed with the 
Secretary of State, subsequent to any election in which it received 
less than 5 percent of such vote, a petition signed by qualified 
electors equal in number to at least 1 percent of the total vote for 
Governor or nominees for presidential electors at the last preceding 
election, declaring their intention of organizing a political party, 
the name of which shall be stated in the declaration, and of 
participating in the next succeeding primary election, held in even-
numbered years, that occurs more than one hundred twenty days after the 
date of filing. No such group of electors shall assume a name or 
designation which is similar, in the opinion of the Secretary of State, 
to that of an existing political party as to confuse or mislead the 
voters at an election. If any political party fails to cast 5 percent 
of the total vote cast at an election for the office of Governor or 
President it shall cease to be a political party (Sec. 3517.01). When a 
petition is filed with the Secretary of State, the new party comes into 
legal existence on the date of filing. New parties are entitled to hold 
a primary election, held in even-numbered years that would occur more 
than 120 days after the date of the filing of the petition 
(Sec. 3517.012).
(2) Independent candidates
Independent candidates for President and Vice President are to file a 
joint candidates' statement and one nominating petition for the two of 
them.
The nominating petition of independent candidates for the offices of 
President and Vice President of the United States shall be signed by at 
least 5,000 qualified electors, provided that no petition shall be 
accepted for filing if it purports to contain more than 15,000 
signatures, and must be accompanied by a slate of presidential electors 
(Sec. 3513.257). The nominating petition and the joint candidates' 
statement must be filed with the Secretary of State no later than 4 
p.m. of the seventy-fifth day before the day of the general election 
(id.).

b. names on general election ballots
The names of candidates for electors of President and Vice President 
shall not be placed on the ballot. In place of their names there shall 
be printed on the ballot the names of the candidates for President and 
Vice President, respectively. A vote for any of such candidates shall 
be a vote for the electors whose names have been certified to the 
Secretary of State and who are members of the same political party 
(Sec. 3505.10).

c. statutory instructions
The electors shall meet at the State capitol, organize, and discharge 
all the duties enjoined upon electors by the Constitution and laws of 
the United States (Sec. 3505.39).
A presidential elector elected at a general election shall, when 
discharging the duties enjoined upon him by the Constitution or laws of 
the United States, cast his electoral vote for the nominees for 
President and Vice President of the political party which certified him 
to the Secretary of State as a presidential elector pursuant to law 
(Sec. 3505.40).

OKLAHOMA
Presidential Electors: 8

a. nomination
(1) Major parties
The nominees for presidential elector ``of any recognized political 
party shall be selected at a statewide convention of said party in a 
manner to be determined by said party'' and must be certified by the 
party's chairman to the Secretary of the State election board no fewer 
than 90 days nor more than 180 days prior to the election (Oklahoma 
Statutes Annotated, title 26, Sec. 10-101).
A ``recognized political party'' is defined to include those parties 
with candidates on the 1974 general election ballot, and ``those 
parties which shall be formed according to law'' (26 Sec. Sec. 1-107, 
1-108).
A party ceases to be a ``recognized party'' when its nominee for 
Governor or nominees for electors for President and Vice President fail 
to receive at least 10 percent of the vote cast for said offices (26, 
Sec. 1-109).
(2) Minor and new parties (``not recognized'' political parties)
The names of a slate of candidates for the office of presidential 
elector pledged to the nominee of a political party not recognized 
under the laws of the State of Oklahoma for President of the United 
States shall be printed on the ballot only by observing the following 
procedure:
1. No later than July 15 of a presidental election year, petitions 
signed by a number of registered voters supporting the candidacy of 
said nominee for President of the United States equal to at least 3 
percent of the total votes cast in the last General Election for 
President shall be filed with the Secretary of the State Election 
Board. Notice of intention to circulate petitions shall be filed with 
the Secretary of the State Election Board before such petitions may be 
circulated. The form of said petitions shall be prescribed by the 
Secretary.  Each page of said petitions must contain the names of 
registered voters from a single county.
2. Within 30 days after receipt of said petitions, the State Election 
Board shall determine the sufficiency of said petitions.
3. If the petitions are found to be sufficient, the nominee for 
President of the United States shall, no later than September 1, 
certify to the Secretary of the State Election Board the names of the 
nominees for presidential elector pledged to him and the name of his 
vice presidential running mate. Each candidate for presidential elector 
so nominated shall subscribe to an oath stating that, if elected, he 
will cast his ballot for the candidate who nominated him and for said 
candidate's vice presidential running mate. Said oath shall be filed 
with the Secretary of the State Election Board no later than September 
15 (26, Sec. 10-101.2).
(3) Independent candidates
Slates of uncommitted electors and electors pledged to independent 
candidates can qualify for a position on the ballot by filing a 
petition with the Secretary of the State Election Board by July 15. 
These petitions must be signed by a number of registered voters equal 
to 3 percent of the vote cast in the last presidential election. If the 
State Election Board determines that the petitions are sufficient, the 
candidate must certify the names of his running mate and the electors 
pledged to his candidacy (26, Sec. Sec. 10-101, 10-101.1).

b. names on general election ballots
The names of the electors are bracketed adjacent to the names of the 
candidates for President and Vice President to whom they are pledged 
(26, Sec. 10-105).

c. statutory instructions
Electors committed to a candidate or the candidate of a party must take 
an oath to cast their ballots for the candidates on whose slate they 
run (26, Sec. 10-102). Violation of the oath is a misdemeanor 
punishable by a fine of not more than one thousand dollars (26, 
Sec. 10-109). Electors are to meet at 10:00 a.m. of the day appointed 
by Congress in the office of the Governor to perform such duties as 
required by law, including filling any vacancy in the office of 
electors (26, Sec. Sec. 10-107, 10-108).

OREGON
Presidential Electors: 7

a. nomination
(1) Major parties
An affiliation of electors becomes a major political party when its 
candidates for presidential elector polled at the last general 
presidential election at least 15% of the total votes cast for 
presidential elector, or its candidates for any state office to be 
voted upon in the state at large for which nominations by political 
parties are permitted by law polled at the last general election at 
which such a candidate was listed on the ballot at least 15% of the 
total votes cast for that office (Sec. 248.006(1)). Each major 
political party shall select [manner not specified] a number of 
candidates for elector of President and Vice President equal to the 
total number of Senators and Representatives to which this State is 
entitled in Congress (Sec. 248.355). The party shall certify the names 
of the candidates for elector to the Secretary of State at least 70 
days prior to the presidential election (Sec. 248.355).
(2) Minor and new parties
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 event occurs:
(1) When the affiliation of electors has filed with the Secretary of 
State a petition with the signatures of a least a number of electors 
equal to one and one-half percent of the total votes cast in the 
electoral district for all candidates for Governor at the most recent 
election at which a candidate for Governor was elected to a full term. 
The petition also shall state the intention to form a new political 
party and give the designation of it. The filed petition shall contain 
only original signatures. The petition shall be filed not later than 
two years following the date the prospective petition is filed. Each 
signature sheet shall be verified on its face by the signed statement 
of the circulator that the individuals signed the sheet in the presence 
of the circulator and that the circulator believes each individual is 
an elector registered in the electoral district. The Secretary of State 
shall verify whether the petition contains the required number of 
signatures of electors. The petition shall not be accepted for filing 
if it contains less than 100 percent of the required number of 
signatures. The Secretary of State by rule shall designate a 
statistical sampling technique to verify whether a petition contains 
the required number of signatures of electors. A petition shall not be 
rejected for the reason that it contains less than the required number 
of signatures unless two separate sampling processes both establish 
that the petition lacks the required number of signatures. The second 
sampling must contain a larger number of signatures than the first 
sampling. The Secretary of State may employ professional assistance to 
determine the sampling technique. The statistical sampling technique 
may be the same as that adopted under ORS 250.105. 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 least one 
percent of the total vote cast in the electoral district for candidates 
for:
(A) Presidential elector at the last general election at which 
candidates for President and Vice President of the United States were 
listed on the ballot; or
(B) Any single state office to be voted upon in the state at large for 
which nominations by political parties are permitted by law at the most 
recent election at which a candidate for the office was elected to a 
full term (Sec. 248.008).
Such parties may nominate candidates for presidential electors by 
filing a certificate of nomination with the Secretary of State signed 
by the presiding officer and secretary of a nominating convention of 
the party containing the names, addresses, and offices for which 
nominated, the name of the party, and in the case of presidential 
electors the names of the candidates they represent may be added 
(Sec. 249.720). Certificates should be filed no later than 70 days 
prior to the election (Sec. 249.722).
(3) Independent candidates
Independent candidates may be nominated by an assembly of electors or 
by petition. An assembly of electors is an organized body of not less 
than 1,000 electors of the State for a statewide nomination 
(Sec. 249.735(1)). Notice must be given at least 10 days prior to the 
assembly in three newspapers of general circulation and must include 
the names of at least 25 electors. Signatures must be certified by the 
appropriate  county clerks (Sec. 249.735(2)-(6)). A certificate of 
nomination must be filed with the Secretary of State no later than the 
70th day prior to the general election (Sec. 249.722). A copy of the 
minutes, certified by the secretary of the assembly, and the 
certificate of the county clerk shall be filed with the filing officer 
with the certificate of nomination (Sec. 249.735(6)).
A certificate of nomination by petition must be in essentially the same 
form and accompanied by a petition signed by a number of electors in 
the electoral district equal to not less than 1% of the total votes 
cast in the electoral district for which the nomination is intended to 
be made, for all candidates for presidential electors at the last 
general election (Sec. 249.740). Certificates of nomination by assembly 
or petition must be filed not later than the 70th day prior to the 
election (Sec. 249.722).

b. names on general election ballots
The names of candidates for President and Vice President of the United 
States are printed in groups together, under their political party 
designations. Each vote for candidates for President and Vice President 
shall be counted as one vote for the group of presidential electors 
supporting the candidates for President and Vice President designated 
by the voter as his choice (Sec. 254.135).

c. statutory instructions
Each elector shall at the time of his selection sign a pledge that, if 
elected, he will vote in the Electoral College for the candidates of 
his party for President and Vice President (Sec. 248.355). Such pledges 
are to be filed with the Secretary of State at least 70 days before the 
presidential election (ibid.).
The duties of electors as defined by statute are:
The electors of President and Vice President shall convene at the State 
capitol on the Monday after the second Wednesday in December following 
their election. If there is any vacancy in the office of an elector 
caused by death, refusal to act, neglect to attend or otherwise, the 
electors present immediately shall fill it by plurality of voice votes. 
When all the electors have appeared or the vacancies have been filled, 
the electors shall perform the duties required of them by the 
Constitution and laws of the United States (Sec. 248.370).

PENNSYLVANIA
Presidential Electors: 23

a. nomination
(1) Major parties
The nominee of each political party for the office of President shall 
within 30 days after his nomination by the national convention, 
nominate as many persons to be the candidates of his party for the 
office of presidential elector as the State is entitled to. Names of 
such persons shall be certified immediately by the nominee to the 
Secretary of the Commonwealth. If the candidate for the office of 
President fails to so nominate, then the party's nominee for Vice 
President shall make the nominations (Pennsylvania Statutes Annotated, 
title 25, Sec. 2878).
(2) Minor party or new party or independent candidate
Any party or political body, one of whose candidates at the general 
election next preceding the primary polled in each of at least ten 
counties of the State not less than two per centum of the largest 
entire vote cast in each of said counties for any elected candidate, 
and polled a total vote in the State equal to at least two per centum 
of the largest entire vote cast in the State for any elected candidate, 
is hereby declared to be a political party within the State, and shall 
nominate all its candidates as party rules provide (Sec. 2831).
All nomination papers circulated and filed by minor political parties 
shall specify--(1) the name or appellation of the minor political party 
which the candidates nominated thereby represent and, in the case of 
electors for President and Vice President of the United States, the 
names of the candidates for President and Vice President of such minor 
political party; (2) the name of each candidate nominated therein, his 
profession, business or occupation, if any, and his place of residence 
with street and number, if any; and (3) the office for which such 
candidate is nominated. No words shall be used in any nomination paper 
to designate the name or appellation of the minor political party 
represented by the candidate's name in such nomination paper which are 
identical with or deceptively similar to the words used for a like 
purpose by any minor political party which has already filed nomination 
papers for the same office (Sec. 2872.2).
Candidates of political bodies which do not qualify as political 
parties should file nomination papers with the Secretary of the 
Commonwealth (Sec. Sec. 2911(a), 2913(a)). More than one candidate may 
be nominated by one nomination paper. Signatures are required of 
electors equal in number to 2 percent of the largest entire vote cast 
for any elected candidate in the State in the last preceding general 
election (Sec. 2911(b), Supp., 2911(c)). A filing fee of $200 shall be 
paid to the Secretary of the Commonwealth (Sec. 2873, Supp.).
All nomination papers shall specify--(a) The name or appellation of the 
political body which the candidates nominated therby represent, 
expressed in not more than three words, and in the case of electors for 
President and Vice President of the United States, the names of the 
candidates for President and Vice President of such political body; (b) 
the name of each candidate nominated therein, his profession, business 
or occupation, if any; and his place of residence with street and 
number, if any; (c) the office for which such candidate is nominated; 
and (d) the names and addresses of the committee, not to be less than 
three (3) nor more than five (5) persons, authorized to fill vacancies, 
if any shall occur (Sec. 2912).
All nomination papers are to be filed with the Secretary of the 
Commonwealth (Sec. 2913).

 b. names on general election ballots
The names of electors shall not be printed on the ballot, but in lieu 
thereof, the names of candidates of their respective parties for 
President and Vice President (Sec. 2963(c)). Write-ins  for electors 
are permitted (Sec. 2963(a)). Votes are counted for electors either as 
a group or as individuals and certificates of election are issued by 
the Secretary of the Commonwealth (Sec. 3166).

c. statutory instructions
The electors shall assemble at the seat of government of the 
Commonwealth at noon on the day which is or may be directed by the 
Congress of the United States and perform the duties enjoined upon them 
by the Constitution and laws of the United States (Sec. 3192). 
Vacancies are filled by voice vote of those electors present 
(Sec. 3193).

RHODE ISLAND
Presidential Electors: 4

a. nomination
(1) Major parties
Electors are nominated at a State convention of delegates representing 
a political party (General Laws of Rhode Island, Sec. 17-12-13).
There shall be held not later than October 14 of every even year a 
State convention for each political party. The nominees of a party for 
Senator and for Representatives in Congress, for the five general 
offices, and for membership in the general assembly shall be delegates 
to the State convention of said party. In presidential election years, 
such conventions shall select the party nominees for presidential 
electors and their names shall be placed on the ballot labels for the 
forthcoming election. Such State convention shall also be for the 
purpose of adopting a platform for its party and for the transaction of 
such other business as may properly come before said convention 
(Sec. 17-12-13).
(2) Minor and new parties
Candidates of minor parties shall be nominated by the same procedure as 
for independent candidates.
(3) Independent candidates
The nomination papers of an independent candidate or a minor party 
candidate for presidential elector shall be signed by 1,000 voters and 
filed with the Secretary of State by 4 p.m. on the 60th day before the 
primary election (by July 14, 2000) (Sec. 17-14-11).

b. names on general election ballots
The voter shall be allowed to vote for all of the presidential electors 
of a party; provided however, that means shall be furnished whereby the 
voter can cast a vote in part for the candidates for presidential 
electors of one party, in part for those of one or more other parties, 
or in part or in whole for persons not nominated by any party (Sec. 17-
19-3(a)(3)).
Absentee ballots that are required by the provisions of law to contain 
the names of the electors for President and Vice-President shall 
contain the names of all candidates for President and Vice-President 
preceded by the words ``Electors for'' in lieu of names of the electors 
for the officers (Sec. 17-20-17).

c. statutory instructions
The electors shall meet in the statehouse in Providence on the first 
Monday after the second Wednesday in December and proceed to perform 
the duties required of such electors by the Constitution and the laws 
of the United States. Vacancies are filled by plurality vote of those 
present (Sec. 17-4-11).

SOUTH CAROLINA
Presidential Electors: 8

a. nomination
(1) Major parties
Presidential electors are nominated by the respective party State 
committees, composed of one member from each county, elected by the 
party county conventions, plus the State chairman and State vice 
chairman who are elected by a party's State convention (Code of Laws of 
South Carolina, Sec. 7-9-90).
(2) Minor or new parties
Political parties desiring to nominate candidates for offices to be 
voted on in a general or special election shall, before doing so, have 
applied to the State Election Commission (Commission) for certification 
as such. Parties shall nominate candidates of that party on a regular 
basis, as provided in this title, in order to remain certified. Any 
certified political party that fails to organize on the precinct level 
as provided by Sec. 7-9-50, hold county conventions as provided by 
Sec. Sec. 7-9-70 and 7-9-80, and hold a State convention as provided by 
Sec. 7-9-100; that fails to nominate candidates for national, State, 
multicounty district, countywide, or less than countywide office by 
convention or party primary as provided by Sec. Sec. 7-11-20, 7-11-30, 
and 7-13-40; and that fails to certify the candidates as provided by 
Sec. 7-13-350 in at least one of two consecutive general elections held 
on the first Tuesday following the first Monday in November of an even-
numbered year, or that fails to nominate and certify candidates in any 
other election which might be held within the period of time 
intervening between the two general elections, must be decertified by 
the State Election Commission. The party must be notified in writing of 
its decertification at the last address of record. If the notification 
of decertification is returned as undeliverable, it must be placed on 
file in the office of the State Election Commission and with the 
Secretary of State.
Any decertified party or any noncertified party, organization, or 
association may obtain certification as a political party at any time 
by filing with the Commission a petition for the certification signed 
by 10,000 or more registered electors residing in this State, giving 
the name of the party, which must be substantially different from the 
name of any other party previously certified (Sec. 7-9-10, Supp.).
Nomination of candidates for the offices of presidential electors are 
to be made by the party State committees (Sec. 7-9-90).
(3) Independent candidates
A candidate's nominating petition for any office in this State shall 
contain the signatures of at least 5 percent of the qualified 
registered electors of the geographical area of the office for which he 
offers as a candidate; provided, that no petition candidate is required 
to furnish the signatures of more than ten thousand qualified 
registered electors for any office. The official number of qualified 
registered electors of the geographical area of any office must be the 
number of registered electors of such area registered 120 days prior to 
the date of the election for which the nomination petition is being 
submitted. The petition must be certified to the State Election 
Commission in the case of national, State, circuit, and multicounty 
district offices (Sec. 7-11-70, Supp.).

b. names on general election ballots
The names of the candidates for President and Vice President are 
printed on the ballot. A vote for the names of a political party's 
candidates for President and Vice President is a vote for the electors 
of that party, the names of whom are on file with the Secretary of 
State (Sec. Sec. 7-13-320(C), 7-19-70, Supp.).

c. statutory instructions
Those persons, to the number required to be chosen, having the highest 
number of votes shall be declared and deemed duly appointed electors 
(Sec. 7-19-70). The presidential electors shall meet at 11 a.m. on the 
first Monday after the second Wednesday in December in the office of 
the Secretary of State, effect a permanent organization, fill any 
vacancies by a plurality, cast their ballots for President and Vice 
President, and make distinct lists for all persons voted for as 
President, and of all persons voted for as Vice President, and of the 
number of votes received for each (Sec. 7-19-90). Each candidate for 
elector shall declare which candidate for President and Vice President 
he intends to vote for if elected. Any registered elector has the right 
to institute an action to enforce the requirement of the statute that 
the elector shall vote as declared and there are criminal sanctions. A 
State party executive committee may release electors pledged to support 
the candidate of their party when, in the judgment of the committee, it 
would not be in the best interest of the State for the elector to cast 
his ballot for such a candidate (Sec. 7-19-80).

SOUTH DAKOTA
Presidential Electors: 3

a. nomination
(1) Major parties
Presidential electors are nominated at State conventions of the 
respective parties (South Dakota Compiled Laws, Sec. 12-5-21). The time 
for holding such conventions shall be determined by the State central 
committee of each party (Sec. 12-5-17). Nominations shall be certified 
to the Secretary of State by officers of the convention, immediately at 
the close of the convention (Sec. 12-5-22). Certificates must be filed 
or mailed by registered mail by the second Tuesday in August at 5:00 
p.m. (Sec. 12-8-6).
(2) Minor and new parties
A new political party may be organized and participate in the primary 
election by filing with the Secretary of State not later than the first 
Tuesday of April at 5 p.m. prior to the date of the primary election, a 
written declaration signed by at least 2\1/2\ percent of the voters of 
the state as shown by the total vote cast for Governor at the last 
preceding gubernatorial election, which declaration shall contain:
(1) The name of the proposed party; and
(2) A brief statement of the principles thereof;
whereupon the party shall, under the party name chosen, have all the 
rights of a political party whose ticket was on the ballot at the 
preceding general election (Sec. 12-5-1).
All political parties organized to participate in primary elections 
under 12-5-1 shall nominate candidates for presidential elector at 
their State convention (Sec. Sec. 12-5-2; 12-5-21). Candidates 
affiliated with a party that does not participate in the primary may 
qualify for the ballot in the same manner as an independent candidate 
(Sec. 12-7-1).
(3) Independent candidates
A person may become an independent candidate by filing a certificate of 
nomination with the Secretary of State or county auditor signed by at 
least 1% of the total combined vote cast for Governor at the last 
gubernatorial election within the district or political subdivision. 
The certificate must be filed not prior to January 1 at 8 a.m. and not 
later than the third Tuesday in June at 5 p.m. prior to the election. 
An independent candidate for President shall file a declaration of 
candidacy and certification of his selection for Vice President with 
the Secretary of State prior to circulation of any nomination petitions 
(Sec. 12-7-1).

b. names on general election ballots
The names of the electors are listed below the surnames of the 
candidates for President and Vice President for whom they are pledged. 
A box precedes the names of the presidential and vice presidential 
candidates (Sec. 12-16-6).

c. statutory instructions
Electors shall meet at the seat of government on the day preceding the 
day fixed by Congress to elect a President and Vice President, and then 
and there discharge the duties enjoined upon them as such by the 
Constitution and laws of the United States and this State 
(Sec. Sec. 12-24-1, 12-24-3).

TENNESSEE
Presidential Electors: 11

a. nomination
(1) Major parties
For each congressional district there shall be elected one elector who 
is a resident of the district and two electors are elected at large 
(Tennessee Code Annotated, Sec. 2-15-102). Electors are chosen 
according to the rules of the political parties. Only statewide 
political parties appear on the ballot in elections for an office to be 
voted on by voters of more than one county (Sec. 2-13-101). A 
``statewide political party'' is defined as a party at least one of 
whose candidates for an office to be elected by the voters of the 
entire State in the past 4 calendar years received a number of votes 
equal to 5 percent of the vote cast in the last gubernatorial election 
(Sec. 2-1-104(29)(A)). New political parties formed by petition in the 
manner described below qualify as ``statewide political parties'' for 1 
year (Sec. 2-1-104(29)(B)).
(2) New parties
New parties may qualify by filing a petition signed by registered 
voters, acknowledging membership, in numbers equal to 2\1/2\ percent of 
the vote cast in the last gubernatorial election. The petition is to be 
filed with the State coordinator of elections, and the signatures must 
be certified by the county election commissions (Sec. 2-1-104(29)(B)).
The first State executive committee of a new political party shall be 
elected at a State convention after it becomes a ``statewide political 
party.'' Their names must be certified to the coordinator of elections 
at least 90 days prior to the August election (Sec. 2-13-107).
(3) Independent candidates
Independent candidates qualifying for an August primary election shall 
qualify by filing all nominating petitions no later than 12 p.m. on the 
first Thursday in the fourth calendar month before the August election. 
Independent candidates for all other elections shall qualify by filing 
all nominating petitions no later than 12 p.m. on the third Thursday in 
the third calendar month before an election. Such petition must be 
signed by the candidate and 25 electors qualified to vote for the 
office (Sec. 2-5-101).

b. names on general election ballots
The names of presidential candidates shall be arranged according to 
political parties, and followed by the words, (giving the name) for 
President and (giving the name) for Vice President. Names of electors 
need not appear on the ballot (Sec. 2-5-208(h)).

c. statutory instructions
The electors are to meet at the seat of government of the State at the 
time prescribed by the laws of the United States. If any elector fails 
to appear before 9 a.m. on the appointed day, those electors present 
fill the vacancy. If the candidates of the party which nominated the 
electors are alive, they shall cast their ballots for them. If either 
the presidential candidate or both the presidential and vice 
presidential candidates are dead, they may vote as they see fit. If the 
presidential candidate is alive and the vice presidential candidate is 
dead, the electors shall vote for the presidential  candidate of their 
party but may cast their ballot for Vice President as they see fit 
(Sec. Sec. 2-15-101 to 2-15-105).

TEXAS
Presidential Electors: 32

a. nomination
(1) Major parties
To become a presidential elector candidate, a person must be nominated 
as a political party's elector candidate in accordance with party rules 
or named as an elector candidate by an independent or write-in 
candidate for President (Vernon's Texas Codes Annotated (Election Code) 
Sec. 192.003).
A political party is entitled to have the names of its nominees for 
President and Vice President of the United States placed on the ballot 
in a presidential general election if:
(1) the nominees possess the qualifications for those offices 
prescribed by Federal law;
(2) before 5 p.m. of the 60th day before presidential election day, the 
party's State chairman signs and delivers to the Secretary of State a 
written certification of:
(A) the names of the party's nominee for President and Vice President; 
and
(B) the names and residence addresses of presidential elector candidate 
nominated by the party, in a number equal to the number of presidential 
electors that Federal law allocates to this State; and
(3) the party is:
(A) required or authorized by Subchapter A of Chapter 172 to make its 
nominations by primary election; or
(B) entitled to have the names of its nominees placed on the general 
election ballot under Chapter 181 (parties nominating by convention) 
(Sec. 192.031, Supp.).

(2) Independent candidates
To be entitled to a place on the general election ballot, an 
independent candidate for President of the United States must make an 
application for a place on the ballot. An application must:
(1) comply with Section 141.031, except that: (A) the application is 
not required to include a candidate's occupation or length of 
residence; and (B) the application must contain the applicable 
information required by Section 141.031(4) with respect to both the 
presidential candidate and the running mate;
(2) state the names and residence addresses of presidential elector 
candidate in a number equal to the number of presidential electors that 
Federal law allocates to the State; and
(3) be accompanied by:
(A) a petition that satisfies the requirements prescribed by Section 
141.062; and
(B) written statements signed by the vice presidential candidate and 
each of the presidential elector candidates indicating that each of 
them consents to be a candidate. The application must be filed with the 
Secretary of State not later than the second Monday in May of the 
presidential election year (Sec. 192.032, Supp.).

b. names on general election ballots
The Secretary of State shall certify in writing for placement on the 
general election ballot the names of the candidates for President and 
Vice President who are entitled to have their names placed on the 
ballot. Not later than the 55th day before presidential election day, 
the Secretary of State shall deliver the certification to the authority 
responsible for having the official ballot prepared in each county 
(Sec. 192.033).
The names of a presidential candidate and the candidate's running mate 
shall be placed on the ballot as one race. The names of presidential 
elector candidates may not be placed on the ballot Sec. 192.034). A 
vote for a presidential candidate and the candidate's running mate 
shall be counted as a vote for the corresponding presidential elector 
candidates (Sec. 192.035).

c. statutory instructions
The electors shall convene at the State Capitol at 2 p.m. on the first 
Monday after the second Wednesday in December following their election 
and shall perform their duties as prescribed by Federal law. The 
Secretary of State shall arrange for the meeting place, notify the 
electors, and call the meeting to order. The Secretary shall act as 
temporary chairman of the meeting until the electors elect a chairman 
from among themselves. If an elector is absent at the time for 
convening the meeting, the electors may declare the elector position 
vacant by a majority vote of those present at the meeting 
(Sec. 192.006, Supp.).

UTAH
Presidential Electors: 5

a. nomination
No provisions.

b. names on general election ballots
No provisions.

c. statutory instructions
No provisions.

VERMONT
Presidential Electors: 3

a. nomination
(1) Major parties
In presidential election years, presidential electors for major 
political parties shall be nominated at the party platform convention 
(Vermont Statutes Annotated, title 17, Sec. 2721). Electors for all 
other presidential candidates shall be nominated in the manner 
independent candidates are nominated (ibid.).
After adjournment of the platform convention of a major political 
party, the chairman and secretary of the convention shall promptly 
execute a sworn statement certifying the names, towns of residence, and 
correct mailing addresses of the persons nominated by the convention to 
serve as electors, and shall promptly file the statement of nomination 
with the Secretary of State, along with the written consent of each 
person to be a nominee for elector (title 17, Sec. 2722).
(2) Minor parties and new parties
Presidential electors for candidates of minor parties and new political 
parties shall be nominated in the manner independent candidates are 
nominated (title 17, Sec. 2721).
(3) Independent candidates
Candidates for presidential electors may be nominated by filing a 
consent form and a statement of nomination with the Secretary of State 
not later than 5 p.m. on the forty-seventh day before the day of the 
general election (title 17, Sec. Sec. 2386, 2401, Supp.). The statement 
of nomination shall contain: (1) name, (2) residence, and (3) address 
of each nominee for the office of elector (title 17, Sec. 2402(a)(4), 
Supp.). The statement of nomination shall contain 1,000 signatures of 
qualified voters (title 17, Sec. 2402(b)(1), Supp.). For presidential 
and vice presidential candidates, the statement of nomination shall 
contain the names of more than one candidate who may be nominated by 
means of the same certificate of nominations (title 17, Sec. 2403, 
Supp.).

b. names on general election ballots
The names of the candidates for President and Vice President appear on 
the ballot. The names of the electors do not. A vote for the candidates 
for President and Vice President are votes for the electors. Should a 
write-in candidate for President receive the greatest number of votes, 
that candidate may name the electors after being notified by the 
Secretary of State. Candidates are arranged on the ballot 
alphabetically according to the surnames of the presidential candidate 
(title 17, Sec. 2473).

c. statutory instructions
The electors shall meet at the state house on the first Monday after 
the second Wednesday in December next following their election, to vote 
for President and Vice President of the United States, agreeably to the 
laws of the United States. If there is a vacancy in the Electoral 
College on that day, occasioned by death, refusal to act, neglect to 
attend, failure of a person elected to qualify, or for other cause, the 
other electors present shall at once fill such vacancy viva voce and by 
a plurality of votes. When all the electors appear or a vacancy therein 
is filled, the electors shall perform the duties required of them by 
the Constitution and laws of the United States. If a vacancy occurs and 
is filled as aforesaid, the electors shall attach to the certificate of 
their votes a statement showing how such a vacancy occured and their 
action thereon. The electors must vote for the candidates for President 
and Vice President who received the greatest number of votes at the 
general election (title 17, Sec. 2732).

VIRGINIA
Presidential Electors: 13
No provisions.

a. nomination

b. names on general election ballots
The qualified voters of the Commonwealth shall choose the Commonwealth 
electors for President and Vice President at the general election in 
November 1996, and every fourth year thereafter. (Code of Virginia 
Annotated, Sec. 24.2-202).

c. statutory instructions
The electors selected by the state conventions by any political party 
shall be expected to vote in the Electoral College for the nominees of 
any national convention to which the said convention elects delegates.
The electors named in any petition of qualified voters shall be 
expected to vote in the electoral college for President and for Vice 
President for such reasons as may be named in the said petition 
(Sec. 24.2-203).

WASHINGTON
Presidential Electors: 11

a. nomination
(1) Major parties
Each political party shall have the power to provide for the method of 
nomination of presidential electors (Washington Revised Code Annotated, 
Sec. 29.42.010). Such candidates are nominated at the state conventions 
of the respective parties. In the year in which a presidential election 
is held, each major political party and each minor political party or 
independent candidate convention held under chapter 29.24 RCW that 
nominates candidates for President and Vice President of the United 
States shall nominate presidential electors for this state. The party 
or convention shall file with the secretary of state a certificate 
signed by the presiding officer of the convention at which the 
presidential electors were chosen, listing the names and addresses of 
the presidential electors (Sec. 29.71.020).
(2) Minor party, new party, and independent candidates
A minor political party is defined as a political organization, not one 
of whose candidates for statewide office received at least 5 percent of 
the total vote cast in the last statewide general election 
(Sec. Sec. 29.01.100, 29.01.090). Candidates of a minor party, new 
party or independent may secure a place on the ballot by being 
nominated at a convention of supporters (Sec. Sec. 29.24.010; 
29.24.020). To be valid, a convention must be attended by at least 25 
registered voters. And, 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. 29.24.030).

A certificate of nomination must be filed with the Secretary of State 
not later than, the last day for filing declarations of candidacy. The 
certificate must be in writing; contain the name, address, and office 
sought by each nominee; a sworn statement of consent to the nomination; 
be verified under oath by the presiding officer and secretary; be 
signed by a number of members of the convention at least equal to the 
number required to validate a convention and give their addresses; and 
contain proof of the notice of the convention call (Sec. 29.24.040).

b. names on general election ballots
Names of the candidates for President and Vice President of the 
political parties and not the names of the electors are printed on the 
ballot. The votes cast for candidates for President and Vice President 
of each political party shall be counted for the candidates for 
presidential electors of such political party (Sec. 29.71.020).

c. statutory instructions
Electors are to meet at noon on the day fixed by Federal statute at the 
seat of government and fill any vacancy by plurality of voice votes and 
perform the duties required of them by the Constitution and laws of the 
United States (Sec. 29.71.040). Each political party is to require a 
pledge from those nominated for presidential elector that they will 
vote for the nominees of the party. Failure to vote for the nominees of 
the party subjects an elector to a $1,000 fine (Sec. Sec. 29.71.020, 
29.71.040).

WEST VIRGINIA
Presidential Electors: 5

a. nomination
(1) Major parties
Candidates for presidential electors are nominated at State conventions 
of the respective political parties which are to be held during the 
months of June, July or August next preceding the general election at 
which presidential electors are to be elected (West Virginia Code, 
Sec. 3-5-21). Nominations so made shall be certified to the Secretary 
of State by the chairman and secretary of the convention within 15 days 
after the close of the convention (Sec. 3-5-21).
The date and place of such conventions shall be designated by the State 
executive committee of the respective parties. Such committees shall 
also prescribe the number of delegates thereto, and shall apportion the 
delegates among the several counties of the State in proportion to the 
vote cast in the State for the party's candidate for Governor at the 
last preceding general election at which a Governor was elected 
(Sec. 3-5-21).
At least 60 days prior to the date fixed for a party's State 
convention, the chairman of the party's State executive committee shall 
send to the party's county executive committee in each county a copy of 
the resolutions fixing the time and place of holding the State 
convention and prescribing the number of delegates from each county to 
the convention (Sec. 3-5-21).
Within 10 days after receipt of the copy of such resolutions, the party 
executive committee of each county shall meet and, by resolution, shall 
apportion the delegates to the State convention among the several 
magisterial districts of the county, on a basis of the vote received in 
the county by the  candidate for Governor at the last preceding general 
election at which a Governor was elected, but in such apportionment of 
county delegates, each magisterial district shall be entitled to at 
least one delegate to such State convention. The party's county 
executive committee shall call a meeting of the members of the 
political party in mass convention in the several magisterial districts 
of the county, which district meetings shall be held at least 30 days 
prior to the date fixed for the State convention, and at which meeting 
the members of the political party in each magisterial district shall 
elect the number of delegates to which such district is entitled in the 
State convention (Sec. 3-5-21). The delegates chosen and certified by 
and from the several magisterial districts in the State shall make up 
the State convention (Sec. 3-5-21).

(2) Minor parties
Any political party which polled less than ten percent of the total 
vote cast only for Governor at the general election immediately 
preceding may nominate candidates and select committees by party 
conventions, provided such nominations are made and the certificates 
thereof filed within the required time and in the required manner or by 
certificate in the same manner as groups of citizens may make 
nominations (Sec. 3-5-22). No delegate or person participating in the 
selection of delegates shall vote in any primary election held in that 
year.

(3) Independent candidates
Groups of citizens having no party organization may nominate candidates 
for public office otherwise than by conventions or primary elections. 
In such case, the candidate, jointly or severally, shall file a 
declaration with the Secretary of State if the office is to be filled 
by the voters of more than one county, or with the clerk of the circuit 
court of the county if the office is to be filled by the voters of one 
county or political subdivision thereof; such declaration to be filed 
at least thirty days prior to the required time of filing the 
nomination certificate: provided, that the deadline for filing the 
certificate for persons seeking ballot access as a candidate for the 
office of President or Vice President shall be filed not later than the 
first day of August preceding the general election. At the time of 
filing of such declaration each candidate shall pay the filing fee 
required by law, and if such declaration is not so filed or the filing 
fee so paid, the certificate shall not be received by the Secretary of 
State, or clerk of the circuit court, as the case may be (Sec. 3-5-23). 
A certificate of nomination, bearing signatures equal to not less than 
one percent of the entire vote cast at the last preceding general 
election in the State for the office sought, but in no event shall the 
number be less than 25, must be filed with the Secretary of State not 
later than one day before the primary (Sec. Sec. 3-5-23, 3-5-24).

b. names on general election ballots
The names of candidates for offices of presidential electors are 
omitted from the ballot. Names of candidates for offices of President 
and Vice President are printed on the ballots (Sec. 3-6-2, (d)(1)).
A vote for any of such candidates shall be a vote for the electors of 
the party by which such candidates were named, and whose names have 
been filed with the Secretary of State (Sec. 3-6-2).

c. statutory instructions
The electors shall meet in the office of the Governor at the capitol on 
the day appointed by the Congress of the United States and vote for the 
President and Vice President in the manner prescribed by the 
Constitution and laws of the United States (Sec. 3-1-14).

WISCONSIN
Presidential Electors: 11

a. nomination
(1) Major parties, minor parties
Candidates for presidential electors are nominated at State conventions 
of the respective political parties held on the first Tuesday in 
October. One presidential elector shall be nominated by a party from 
each congressional district and two electors shall be nominated from 
the State at large. The names of the nominees shall be certified 
immediately by the chairman of the State committee of each party to the 
chairman of the elections board (Wisconsin Statutes Annotated, 
Sec. 8.18).
(2) Independent and write-in candidates 
Nominations for presidential electors may be made by filing nomination 
papers with the election board not later than 5 p.m. on the second 
Tuesday in July (Sec. 8.20). Such papers shall list one presidential 
elector from each congressional district and 2 electors from the State 
at large, and the candidates for President and Vice President for whom 
they intend to vote if elected. They shall contain signatures of not 
less than 2,000 nor more than 4,000 qualified voters, plus the party or 
principle the candidates represent, if any, in 5 words or less. Papers 
shall not be circulated earlier than August 1 and filed not later than 
5 p.m. on the first Tuesday in September (Sec. 8.20(3)-(8)).
Candidates for the offices of President or Vice President of the United 
States as write-in candidates shall file a list of presidential 
electors and a declaration of candidacy with the election board no 
later than 4:30 p.m. on the second Tuesday preceding the day of the 
general election to choose the President and Vice President of the 
United States. The list shall contain one presidential elector from 
each congressional district and two electors from the State at large 
and the names of the candidates for President and Vice President for 
whom they intend to vote, if elected. Compliance with this subsection 
may be waived by the election board but only if the results of the 
general election indicate that the write-in candidate for the office of 
President is eligible to receive the electoral votes of this State 
except for noncompliance with this subsection. In such event, the 
write-in candidate and that  person's named presidential electors shall 
have until 4:30 p.m. on the Friday following the general election to 
comply with the filing requirements of this subsection (Sec. 8.185). If 
more than one list of presidential electors is filed with the Secretary 
of State by any write-in candidates for the offices of President and 
Vice President of the United States, the first list filed shall be 
considered the valid list, provided that this list meets the additional 
requirements of this section (Sec. 8.185).

b. names on general election ballots
Names of the candidates for the office of President and Vice President 
and not the names of the electors are placed on the ballot. The vote 
counts as a vote for the electors (Sec. Sec. 5.10, 8.25).

c. statutory instructions
The electors for President and Vice President shall meet at the state 
capitol following the presidential election at 12:00 noon the first 
Monday after the 2nd Wednesday in December. If there is a vacancy in 
the office of an elector due to death, refusal to act, failure to 
attend or other cause, the electors present shall immediately proceed 
to fill by ballot, by a plurality of votes, the electoral college 
vacancy. When all electors are present, or the vacancies filled, they 
shall perform their required duties under the constitution and laws of 
the United States. The presidential electors, when convened, shall vote 
by ballot for that person for President and that person for Vice 
President who are, respectively, the candidates of the political party 
which nominated them, the candidates whose names appeared on the 
nomination papers, or the candidate or candidates who filed their 
names, except that at least one of the persons for whom the electors 
vote may not be an inhabitant of this State. A presidential elector is 
not required to vote for a candidate who is deceased at the time of the 
meeting (Sec. 7.75).

WYOMING
Presidential Electors: 3

a. nomination
(1) Major parties
Electors are nominated by the State convention of a political party 
nominating candidates for President and Vice President of the United 
States. Certificates of nomination should be filed within 30 days after 
the termination of the convention (Wyoming Statutes Annotated, 
Sec. Sec. 22-19-102, 22-4-118). Party conventions are to be held on the 
first Saturday in May in even numbered years (Sec. 22-4-115, Supp.).
(2) Minor parties
A ``minor political party'' is one whose candidate for specified 
offices received between 2% and 10% of the total votes cast for the 
office (Sec. 22-1-102(a)(xviii)).
(3) Independent candidates
Independent candidates for President shall file the candidate's 
nominees for presidential electors not less than 70 days prior to the 
general election. (Sec. 22-19-102).

b. names on general election ballots
The names of the electors need not appear on the ballot (Sec. 22-19-
103). The names of candidates for President and Vice President are 
paired with a single voting block for each pair (Sec. 22-6-120).

c. statutory instructions
Electors are to meet at 12:00 noon on the Monday following the second 
Wednesday in December of presidential election years, and all electors 
shall vote for the candidates for the office (of President and Vice 
President of the United States) receiving the highest number of votes 
in the Wyoming general election (Sec. Sec. 22-19-106; 22-19-108).

CANAL ZONE, GUAM, PUERTO RICO, VIRGIN ISLANDS
Presidential Electors: 0

The Commonwealth of Puerto Rico, Guam, the Canal Zone, and the Virgin 
Islands do not participate in the actual election of the President and 
Vice President since they do not have U.S. Representatives and U.S. 
Senators in the U.S. Congress. Only the fifty States and the District 
of Columbia are entitled by the United States Constitution to choose 
the presidental electors who in turn cast votes for President and Vice 
President.
Nomination and Election
Nomination and Election
-----------------------------------------------------------------------
-----------------------------------------------------------------------
PART V. PRESIDENTIAL SUCCESSION

DEATH OR DISABILITY OF A PRESIDENT AND DEATH OF A PRESIDENT-ELECT AND 
PRESIDENTIAL SUCCESSION*

A. DEATH OR DISABILITY OF A PRESIDENT
1. Presidential Succession--Article II, Sec. 1, Cl.6

Article II, Section 1, Clause 6 provides that:
In Case of the Removal of the President from Office, or of his Death, 
Resignation, or Inability to discharge the Powers and Duties of the 
said Office, the same shall devolve on the Vice President, and the 
Congress may by Law, provide for the Case of Removal, Death, 
Resignation or Inability, both of the President and Vice President, 
declaring what Officer shall then act as President, and such Officer 
shall act accordingly, until the Disability be removed, or a President 
shall be elected.''

It is not clear whether the Framers of the Constitution intended the 
Vice President to succeed to the presidency upon the death, 
resignation, or inability of the President to discharge his duties.\1\ 
The debates of the Constitutional Convention of 1787 seem to indicate 
that the Vice President would remain as Vice President and would only 
exercise the powers and duties of the President until ``a President 
shall be elected.'' \2\ However, the first application of this 
provision occurred in 1841 upon the death of President Harrison. Vice 
President Tyler took the presidential oath of office and delivered an 
inaugural address.\3\ After some initial reluctance, he decided that he 
was automatically the President and Congress did not successfully 
challenge this assumption.\4\ Thus a precedent was set, which has been 
followed and is now clarified by section one of the Twenty-fifth 
Amendment.\5\
---------------------------------------------------------------------------
*By L. Paige Whitaker, Legislative Attorney, American Law Division, 
Congressional Research Service, Library of Congress.
\1\ The Twenty-fifth Amendment, section 1, which was ratified on Feb. 
23, 1967, further clarified this provision making it clear that the 
Vice President would become President in the case of the death, 
resignation or removal from office of the President. See the Text of 
the Twenty-fifth Amendment in the Appendix infra.
\2\ E. Corwin, The President--Office and Powers 1787-1957, pp. 54, 344 
n. 46, (New York: 4th Ed. 1957); B. Schwartz. A Commentary On the 
Constitution of The United States, p. 16 (New York: 1963).
\3\ In his inaugural address John Tyler declared that he had been 
called to ``the high office of President of this Confederacy.'' See 
Schwartz, supra at p. 54.
\4\ Congress convened within a few weeks after the inaugural address by 
John Tyler, and the usual resolutions were introduced to inform ``the 
President'' that Congress was in session; however, amendments were 
offered to substitute the term ``Vice President,'' but these were 
defeated. See Schwartz, supra at p. 54.
\5\ The Twenty-fifth Amendment, section one provides: ``In case of the 
removal of the President from office or of his death or resignation, 
the Vice President shall become President.'' See the text of the 
Twenty-Fifth Amendment in the Appendix infra.
---------------------------------------------------------------------------
In Merriam v. Clinch,\6\ a federal court, deciding whether the deputy 
of the collector of the customs may act for the collector in cases of 
occasional and necessary absence and whether the deputy is vested with 
all the prerequisites of the office in the event of the death or 
disability of the collector, noted by way of analogy that under Article 
2, Section 6 of the Constitution, the powers and duties of the office 
of the President are devolved upon the Vice President and that all of 
the branches of the government under such circumstances have recognized 
the Vice President as holding the office of President and being 
entitled to its emoluments.\7\ This has been the only case where the 
issue of the succession of the Vice President has been discussed 
judicially.
---------------------------------------------------------------------------
\6\ 17 Fed. Cas. 68, 70 (C.C.N.Y. 1867).
\7\ Id., 70.
---------------------------------------------------------------------------
Upon the ratification of the Twentieth Amendment on January 23, 1933 
concerning the commencement of the terms of the President, Vice 
President and Members of Congress, the precedent of the Vice President 
becoming President was further established and clarified by the 
provision stating: ``If, at a time fixed for the beginning of the term 
of the President, the President-elect shall have died, the Vice 
President-elect shall become President.'' \8\
---------------------------------------------------------------------------
\8\ Twentieth amendment, Sec. 3. See the text of the twentieth 
amendment in the Appendix infra.
---------------------------------------------------------------------------

2. The Succession Acts of 1792, 1886, and 1947
The Constitutional Convention of 1787 provided a partial solution to 
the succession problem when it created the post of Vice President and 
made him first in line in the event of the death or disability of the 
President. However, it was only during the late stages of the 
Convention that serious consideration was given to the possibility of 
vacancies in both the offices of President and Vice President \9\ and a 
clause was inserted in the proposed constitution authorizing the 
Congress to make further provisions by law on the subject.\10\ This 
power, which was vested in the Congress, has been acted upon in 1792, 
1886, and 1947.
---------------------------------------------------------------------------
\9\ Kallenbach, The New Presidential Succession Act, 41 Am. Pol. Sci. 
Rev. 931 (1947).
\10\ Article II, Sec. 1, C1.6 provides that ``. . . the Congress may by 
law, provide for the Case of Removal, Death, Resignation or Inability, 
both of the President and Vice President. . . .''
---------------------------------------------------------------------------

a. Act of 1792
The Second Congress passed the first succession act.\11\ This law 
provided that the President pro tempore of the Senate would act as 
President in case of removal, death, resignation, or inability both of 
the President and Vice President. It also provided that if the office 
of the President pro tempore of the Senate was vacant, the Speaker of 
the House was to act as President ``until the disability be removed or 
a president shall be elected.'' \12\ The Act of 1792 further stated 
that if both of these offices were vacant, the Secretary of State was 
to inform the Executive of each of the states of this fact and give 
public notice that the electors of the President are to be appointed or 
chosen within 34 days preceding the first Wednesday in December.\13\ 
This plan of succession was to remain in effect for almost a hundred 
years until the 1886 Act. During this period, the death of President 
Taylor on July 9, 1850 and the succession of Millard Fillmore and the 
death of Vice President King in 1853 renewed Congress' interest in the 
subject of presidential succession. Many bills were introduced in 
Congress concerning presidential succession from 1853 to 1886 when the 
original act was amended. In 1856 the Senate Judiciary Committee 
considered the subject and issued a report on presidential 
succession.\14\
---------------------------------------------------------------------------
\11\ Act of March 1, 1792, 1 Stat. 239. See, the Appendix for the 
complete version of the Act.
\12\ Id., Sec. 9.
\13\ Id., Sec. 10.
\14\ S. Rept. No. 260, 34th Cong., 1st Sess. (1856).
---------------------------------------------------------------------------

b. Act of 1886
The Presidential Succession Act of 1886 provided for succession by 
members of the Cabinet in order of the seniority of their departments, 
beginning with the Secretary of State, when a vacancy occurs in the 
offices of both President and Vice President.\15\ There was 
considerable concern about the succession line including officers of 
Congress, such as the President pro tempore of the Senate and the 
Speaker of the House, since before the Twentieth Amendment, the old 
Congress expired on March 3 of odd-numbered years and the new Congress 
did not convene until the following December \16\ unless it was called 
into special session. Thus, for 9 months--from March to December--there 
was the possibility that there would be no succession.
---------------------------------------------------------------------------
\15\ Act of Jan. 19, 1886, 24 Stat. 1. See the Appendix for a complete 
version of the Act.
\16\ Under the Twentieth Amendment, the old Congress expires every 
other January 3, and the new Congress meets on the same day.
---------------------------------------------------------------------------
More events in the latter part of the 1800's furnished much of the 
impetus for enacting the Succession Act of 1886 such as (1) the death 
of President Cleveland's Vice President, Thomas A. Hendricks, in 1885; 
(2) the death of President Garfield in 1881; and (3) the impeachment of 
President Andrew Johnson in 1867. In such situations, if the Presidency 
and Vice Presidency became vacant between Congresses, there might 
neither be a President pro tempore of the Senate nor a Speaker of the 
House to serve.

c. Act of 1947, as amended (13 U.S.C. Sec. 19, Vacancies In Offices Of 
Both President And Vice President)
The death of Franklin D. Roosevelt in April 1945 again raised questions 
about presidential succession. The Presidential Succession Act of 1947, 
as amended \17\ essentially reverts to the 1792 mode of succession 
providing that the first line of succession after the President and the 
Vice President is to be the Speaker of the House and then the President 
pro tempore of the Senate and then the Cabinet officers in the 
following order: (1) Secretary of State, (2) Secretary of the Treasury, 
(3) Secretary of Defense, (4) Attorney General, (5) Secretary of the 
Interior, (6) Secretary of Agriculture, (7) Secretary of Commerce, (8) 
Secretary of Labor, (9) Secretary of Health and Human Services, (10) 
Secretary of Housing and Urban Development, (11) Secretary of 
Transportation, (12) Secretary of Energy, (13) Secretary of Education, 
and Secretary of Veterans Affairs.\18\
---------------------------------------------------------------------------
\17\ Act of July 18, 1947, 61 Stat. 380. See the Appendix for the 
complete version of the Act. Part for 17 on previous page 373.
\18\ 3 U.S.C. Sec. 19. In 1979 an amendment was enacted (P.L. 96-88, 
Title V, Sec. 508(a), 93 Stat. 692) which substituted ``Secretary of 
Health and Human Services'' for ``Secretary of Health, Education, and 
Welfare'' and added ``Secretary of Education.'' In 1988, the Secretary 
of Veterans Affairs was added to the list of such officers eligible to 
act in the event of presidential and vice presidential vacancies (P.L. 
100-527, Sec. 13(a) 102 Stat. 2643).
---------------------------------------------------------------------------
A constitutional question arose with the enactment of the 1947 Act, 
whether a Member of Congress is an officer within the meaning of 
Article II, Section 1, Clause 6 of the Constitution.\19\ Opponents of 
the Act contended that the Speaker of the House and the President pro 
tempore of the Senate were not officers of the United States but were 
rather state officers.\20\ Proponents, however, argued that Members of 
Congress were such civil officers of the United States since the 
Supreme Court in Lamar v. United States \21\ held that a Member of 
Congress was an officer acting under the authority of the United States 
within the meaning of the impersonation statute. It was also noted that 
the fact that the succession act of 1792 designated the President pro 
tempore of the Senate and the Speaker of the House as successors to the 
Presidency represents a construction of Article II by the Second 
Congress that such Members were ``officers'' within the meaning of 
Article II.\22\
---------------------------------------------------------------------------
\19\ The text of U.S. Const., Art. II, Sec. 1, Cl. 6 is set forth 
supra.
\20\ The opponents relied upon the Senate's decision in 1798 in the 
Blount impeachment case which held that Senator Blount was not a 
``civil officer of the United States'' within the meaning of the 
impeachment clause of Article II, Sec. 1 of the Constitution.
\21\ 241 U.S. 103, 112-113 (1916).
\22\ See generally, H. Rept. No. 817, 80th Cong., 1st Sess. (1947).
---------------------------------------------------------------------------

3. The Twenty-Fifth Amendment--Presidential Inability
Since eight Vice Presidents have succeeded to the Presidency by virtue 
of the death of the incumbent President,\23\ the Twenty-Fifth Amendment 
\24\ was proposed by Congress and ratified by the states on February 
23, 1967 so as (1) to clarify the fact that the Vice President is to 
become the President of the United States and not just to serve as an 
acting President; and (2) to establish procedures for determining the 
commencement and termination of presidential inability.\25\
---------------------------------------------------------------------------
\23\ John Tyler (Apr. 6, 1841), Millard Fillmore (July 10, 1850), 
Andrew Johnson (April 15, 1865), Chester A. Arthur (Sept. 20, 1881), 
Theodore Roosevelt (Sept. 14, 1901), Calvin Coolidge (Aug. 3, 1923), 
Harry S Truman (April 12, 1945), and Lyndon B. Johnson (Nov. 22, 1963).
\24\ For the complete text of the Twenty-Fifth Amendment see the 
Appendix infra.
\25\ S. Rept. No. 62, 89th Cong., 1st Sess. 5 (1965).
---------------------------------------------------------------------------
The Twenty-Fifth Amendment essentially clarifies the uncertainties of 
Article II, Sec. 1, Clause 6. That provision failed to provide for the 
logistics of filling a vice presidential vacancy which has occurred 16 
times for a total of 37 years during which the United States did not 
have a Vice President.\26\ Clause 6 grouped the contingencies of a 
permanent nature, such as death, resignation, or removal from office, 
with inability which may be a contingency of a temporary nature. The 
clause did not define inability or commit the determination of 
inability to any individual or group. Moreover, the capacity in which 
the Vice President acted and his duties in the event of presidential 
incapacity were uncertain. The clause did not provide for any procedure 
for a recovered President to regain the prerogatives of office that he 
may have relinquished, and it failed to provide for any mechanism for 
determining whether a President had recovered from his inability.\27\
---------------------------------------------------------------------------
\26\ H. Rept. No. 203, 89th Cong., 1st Sess. 10 (1965).
\27\ Id., 7-8.
---------------------------------------------------------------------------
The effect of the Twenty-Fifth Amendment first clarifies the historical 
practice by which a Vice President would become President upon the 
death of the President or upon the removal or resignation of the 
President. Second, the Amendment requires the President to nominate a 
person to be a Vice President whenever a vacancy occurs in that office 
subject, however, to confirmation by a majority vote of both Houses of 
Congress.
Third, the Amendment clarifies that the President may declare in 
writing his disability and that, upon such occurrence, the Vice 
President becomes acting President until the President declares in 
writing that he is able to resume his duties.
Fourth, the Amendment provides for a factual determination of whether 
or not an inability exists by having the Vice President and a majority 
of the principal officers or the executive departments, or such other 
body as Congress may by law provide, transmit to the President pro 
tempore of the Senate and the Speaker of the House this written 
declaration that the President is unable to discharge his powers and 
duties. Upon such determination, the Vice President is to assume the 
powers and duties of the office as acting-President. The President 
would then be permitted to resume the powers and duties of the office 
upon his written declaration that no disability existed unless the Vice 
President and a majority of the principal officers of the executive 
department, or such other body as Congress may by law provide, submit a 
written declaration that he is unable to discharge the powers and 
duties of his office. Then Congress shall decide the issue.\28\
---------------------------------------------------------------------------
\28\ See the complete text of the Twenty-Fifth Amendment in the 
Appendix.
---------------------------------------------------------------------------

B. DEATH OF A PRESIDENT-ELECT
1. Death of a Presidential Candidate
Since, under the Constitution, the President and Vice President are not 
really elected until the Electoral College meets on the first Monday 
after the second Wednesday in December after the November general 
election,\29\ the death of a candidate prior to the meeting of the 
Electoral College and after the November general election is neither 
provided for under the Constitution nor in Federal statutes. However, 
the rules of the major political parties do provide for the filling of 
such a vacancy by the parties' national committees.\30\
---------------------------------------------------------------------------
\29\ U.S. Const. Art. II, Sec. 1, Twelfth Amendment; 3 U.S.C. Sec. 7.
\30\ See, e.g., Rules 26 and 28 of the Republican Party and Article 3 
of the Charter of the Democratic Party.
---------------------------------------------------------------------------
The political party is permitted to choose a new presidential candidate 
if its successful candidate should die between the November general 
election and the December meeting of the Electoral College. Since the 
slate of electors chosen in each state generally vote for and are often 
bound by party pledges, required by many state laws or state party 
rules, to vote for the candidates chosen by their own political party, 
the political party whose candidate won the most electors in the 
November election would probably select the next President, 
notwithstanding the ``faithless elector'' problem.

2. Death of a President-Elect and Vice-President Elect Before 
Inauguration
Once the Electoral College has met and the votes have been cast and 
transmitted sealed to the President of the Senate, the President-elect 
and Vice President-elect, if they have received a majority of the 
electoral votes, would be replaced due to any death in accordance with 
section 3 of the Twentieth Amendment which provides:
If, at the time fixed for the beginning of the term of the President, 
the President-elect shall have died, the Vice President-elect shall 
become President. If a President shall not have been chosen before the 
time fixed for the beginning of his term, or if the President-elect 
shall have failed to qualify, then the Vice President-elect shall act 
as President until a President shall have qualified; and the Congress 
may by law provide for the case wherein neither a President-elect nor a 
Vice President-elect shall have qualified, declaring who shall then act 
as President, or the manner in which one who is to act shall be 
selected, and such person shall act accordingly until a President or 
Vice President shall have qualified.

Thus, when a President-elect dies between the meeting of the Electoral 
College in December and inauguration day on January 20, the Vice 
President-elect becomes President-elect, and the resulting vacancy in 
the Vice Presidency is filled following Inauguration Day on January 20 
under procedures established by Section 2 of the Twenty-Fifth 
Amendment, which allows the President to nominate a Vice President who 
would take office after a confirmation by a majority vote of both 
Houses of Congress.
If the Vice President-elect dies between the meeting of the Electoral 
College in December and Inauguration Day on January 20 the vacancy 
would likewise be filled after the inauguration of the President, in 
accordance with Section 2 of the Twenty-Fifth Amendment. If both the 
President-elect and the Vice President-elect were to die or fail to 
qualify, then the Speaker of the House would act as President in 
accordance with the provisions of the Presidential Succession Act of 
1947, as amended.\31\ If a winning candidate were to die after the 
Electoral College met and cast the required majority of votes for him, 
and before the meeting of Congress to count the votes, the Congress 
would have no discretion and would be required to declare the actual 
votes at the time they were cast was valid and ergo declare that the 
deceased candidate had received a majority of the votes.
---------------------------------------------------------------------------
\31\ 3 U.S.C. Sec. 19.
---------------------------------------------------------------------------

3. Death of Presidential and Vice Presidential Candidates Not Receiving 
a Majority of Electoral College Votes Before the House and Senate Meet 
to Select Them
When the candidates for President and Vice President do not receive the 
required majority of 270 Electoral College votes out of a total 538 
Electoral votes, the House of Representatives is to choose a President 
from among the three persons having the highest number of Electoral 
College votes, and the Senate is to choose a Vice President from the 
two persons having the highest numbers of votes.\32\ Thus, if one of 
the top three presidential candidates were to die, the House could do 
no more than make its decision among the survivors. If one of the two 
vice presidential candidates were to die, the Senate would have to 
choose the survivor because it must choose between only those two vice 
presidential candidates having the greatest number of votes. Section 4 
of the Twentieth Amendment has authorized Congress to change such a 
situation by law, but it has not yet done so. Section 4 provides as 
follows:
---------------------------------------------------------------------------
\32\ U.S. Const. Twelfth Amendment.
---------------------------------------------------------------------------
The Congress may by law provide for the case of the death of any of the 
persons from whom the House of Representatives may choose a President 
whenever the right of choice shall haved devolved upon them, and for 
the case of the death of any of the persons from whom the Senate may 
choose a Vice President whenever the right of choice shall have 
devolved upon them.

Congress has not yet enacted legislation to meet this contingency. In 
case such an eventuality did occur in regard to any of the three 
candidates for President from whom the House would choose, or the two 
candidates for Vice President from whom the Senate would choose, the 
respective Houses would have no alternative but to select from the 
remaining candidates, in the absence of the necessary legislation.\33\ 
Consequently, the political party, represented by a candidate who died, 
would be, in a sense, disfranchised.
---------------------------------------------------------------------------
\33\ See remarks of Rep. Lozier during the debate on the Twentieth 
Amendment 75 Cong. Rec. 3833 (1932).
---------------------------------------------------------------------------

4. Failure to Elect by Inauguration Day
Section 3 of the Twentieth Amendment provides that ``if a President 
shall not have been chosen before the time fixed for the beginning of 
his term, or if the President-elect shall have failed to qualify, then 
the Vice President-elect shall act as President until a President shall 
have qualified.'' This provision primarily takes care of the situation 
where the election of the President is thrown into the House and the 
House has not selected a President by noon of January 20. In such an 
event, the Vice President-elect, whether he had been elected by the 
Electoral College or by the Senate, would become acting President until 
such time as the House made its selection. When the House does elect 
the President, then the Vice President, who was acting-President, would 
then become the Vice President.
If neither the House nor the Senate has respectively elected the 
President or the Vice President by noon of January 20, then the 
provision of Section 3 of the Twentieth Amendment would come into play. 
Pursuant to the Presidential Succession Act of 1947, as amended,\34\ 
the Speaker of the House would resign as Speaker and as a Member of the 
House and be sworn in as acting-President at noon on January 20. He 
would continue in the office until either the House has elected a 
President or the Senate a Vice President.
---------------------------------------------------------------------------
\34\ 3 U.S.C. Sec. 19.
Nomination and Election
Nomination and Election
-----------------------------------------------------------------------
-----------------------------------------------------------------------
APPENDIX

1. Act of March 1, 1792, 1 Stat. 239
Chap. VIII.--An Act relative to the Election of a President and Vice 
President of the United States, and declaring the Officer who shall act 
as President in case of Vacancies in the offices both of President and 
Vice President.

Section 1. Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That except in case 
of an election of a President and Vice President of the United States, 
prior to the ordinary period as herein after specified, electors shall 
be appointed in each state for the election of a President and Vice 
President of the United States, within thirty-four days preceding the 
first Wednesday in December, one thousand seven hundred and ninety-two, 
and within thirty-four days preceding the first Wednesday in December 
in every fourth year succeeding the last election, which electors shall 
be equal to the number of Senators and Representatives, to which the 
several states may by law be entitled at the time, when the President 
and Vice President, thus to be chosen, should come into office: 
Provided always, That where no apportionment of Representatives shall 
have been made after any enumeration, at the time of choosing electors, 
then the number of electors shall be according to the existing 
apportionment of Senators and Representatives.
Sec. 2. And be it further enacted, That the electors shall meet and 
give their votes on the said first Wednesday in December, at such place 
in each state as shall be directed, by the legislature thereof; and the 
electors in each state shall make and sign three certificates of all 
the votes by them given, and shall seal up the same certifying on each 
that a list of the votes of such state for President and Vice President 
is contained therein, and shall by writing under their hands, or under 
the hands of a majority of them, appoint a person to take charge of and 
deliver to the President of the Senate, at the seat of government, 
before the first Wednesday in January then next ensuing, one of the 
said certificates, and the said electors shall forthwith forward by the 
post-office to the President of the Senate, at the seat of government, 
one other of the said certificates and shall forthwith cause the other 
of the said certificates to be delivered to the judge of that district 
in which the said electors shall assemble.
Sec. 3. And be it further enacted, That the executive authority of each 
state shall cause three lists of the names of the electors of such 
state to be made and certified and to be delivered to the electors on 
or before the said first Wednesday in December, and the said electors 
shall annex one of the said lists to each of the lists of their votes.
Sec. 4. And be it further enacted, That if a list of votes, from any 
state, shall not have been received at the seat of government on the 
said first Wednesday in January, that then the Secretary of State shall 
send a special messenger to the district judge in whose custody such 
list shall have been lodged, who shall forthwith transmit the same to 
the seat of government.
Sec. 5. And be it further enacted, That Congress shall be in session on 
the second Wednesday in February, one thousand seven hundred and 
ninety-three, and on the second Wednesday in February succeeding every 
meeting of the electors, and the said certificates, or so many of them 
as shall have been received, shall then be opened, the votes counted, 
and the persons who shall fill the offices of President and Vice 
President ascertained and declared, agreeably to the constitution.
Sec. 6. And be it further enacted, That in case there shall be no 
President of the Senate at the seat of government on the arrival of the 
persons entrusted with the lists of the votes of the electors, then 
such persons shall deliver the lists of votes in their custody into the 
office of the Secretary of State, to be safely kept and delivered over 
as soon as may be, to the President of the Senate.
Sec. 7. And be it further enacted, That the persons appointed by the 
electors to deliver the lists of votes to the President of the Senate, 
shall be allowed on the delivery of the said lists twenty-five cents 
for every mile of the estimated distance by the most usual road, from 
the place of meeting of the electors, to the seat of government of the 
United States.
Sec. 8. And be it further enacted, That if any person appointed to 
deliver the votes of the electors to the President of the Senate, shall 
after accepting of his appointment neglect to perform the services 
required of him by this act, he shall forfeit the sum of one thousand 
dollars.
Sec. 9. And be it further enacted, That in case of removal, death, 
resignation or inability both of the President and Vice President of 
the United States, the President of the Senate pro tempore, and in case 
there shall be no President of the Senate, then the Speaker of the 
House of Representatives, for the time being shall act as President of 
the United States until the disability be removed or a President shall 
be elected.
Sec. 10. And be it further enacted, That whenever the offices of 
President and Vice President shall both become vacant, the Secretary of 
State shall forthwith cause a notification thereof to be made to the 
executive of every state, and shall also cause the same to be published 
in at least one of the newspapers printed in each state, specifying 
that electors of the President of the United States shall be appointed 
or chosen in the several states within thirty-four days preceding the 
first Wednesday in December then next ensuing: Provided, There shall be 
the space of two months between the date of such notification and the 
said first Wednesday in December, but if there shall not be the space 
of two months between the date of such notification and the first 
Wednesday in December; and if the term for which the President and Vice 
President last in office were elected shall not expire on the third day 
of March next ensuing, then the Secretary of State shall specify in the 
notification that the electors shall be appointed or chosen within 
thirty-four days preceding the first Wednesday in December in the year 
next ensuing,  within which time the electors shall accordingly be 
appointed or chosen, and the electors shall meet and give their votes 
on the said first Wednesday in December, and the proceedings and duties 
of the said electors and others shall be pursuant to the directions 
prescribed in this act.
Sec. 11. And be it further enacted, That the only evidence of a refusal 
to accept or of a resignation of the office of President or Vice 
President, shall be an instrument in writing declaring the same, and 
subscribed by the person refusing to accept or resigning, as the case 
may be, and delivered into the office of the Secretary of State.
Sec. 12. And be it further enacted, That the term of four years for 
which a President and Vice President shall be elected shall in all 
cases commence on the fourth day of March next succeeding the day on 
which the votes of the electors shall have been given.
Approved, March 1, 1792.

2. Act of Jan. 19, 1886, 24 Stat. 1
Chap. 4.--An act to provide for the performance of the duties of the 
office of President in case of the removal, death, resignation, or 
inability both of the President and Vice-President.

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That in case of removal, 
death, resignation, or inability of both the President and Vice-
President of the United States, the Secretary of State, or if there be 
none, or in case of his removal, death, resignation, or inability, then 
the Secretary of the Treasury, or if there be none, or in case of his 
removal, death, resignation, or inability, then the Secretary of War, 
or if there be none, or in case of his removal, death, resignation, or 
inability, then the Attorney-General, or if there be none, or in case 
of his removal, death, resignation, or inability, then the Postmaster-
General, or if there be none, or in case of his removal, death, 
resignation, or inability, then the Secretary of the Navy, or if there 
be none, or in case of his removal, death, resignation, or inability, 
then the Secretary of the Interior, shall act as President until the 
disability of the President or Vice-President is removed or a President 
shall be elected: Provided, That whenever the powers and duties of the 
office of President of the United States shall devolve upon any of the 
persons named herein, if Congress be not then in session, or if it 
would not meet in accordance with law within twenty days thereafter, it 
shall be the duty of the person upon whom said powers and duties shall 
devolve to issue a proclamation convening Congress in extraordinary 
session, giving twenty days' notice of the time of meeting.
Sec. 2. That the preceding section shall only be held to describe and 
apply to such officers as shall have been appointed by the advice and 
consent of the Senate to the offices therein named, and such as are 
eligible to the office of President under the Constitution, and not 
under impeachment by the House of Representatives of the United States 
at the time the powers and duties of the office shall devolve upon them 
respectively.
Sec. 3. That sections one hundred and forty-six, one hundred and forty-
seven, one hundred and forty-eight, one hundred and forty-nine, and one 
hundred and fifty of the Revised Statutes are hereby repealed.
Approved, January 19, 1886.

3. Presidential Succession Act--Act of July 18, 1947, as Amended (3 
U.S.C. Sec. 19)
3 U.S.C. Sec. 19. Vacancy in Offices of Both President and Vice 
President; Officers Eligible To Act.
(a)(1) If, by reason of death, resignation, removal from office, 
inability, or failure to qualify, there is neither a President nor Vice 
President to discharge the powers and duties of the office of 
President, then the Speaker of the House of Representative shall, upon 
his resignation as Speaker and as Representative in Congress, act as 
President.
(2) The same rule shall apply in the case of the death, resignation, 
removal from office, or inability of an individual acting as President 
under this subsection.
(b) If, at the time when under subsection (a) of this section a Speaker 
is to begin the discharge of the powers and duties of the office of 
President, there is no Speaker, or the Speaker fails to qualify as 
Acting President, then the President pro tempore of the Senate shall, 
upon his resignation as President pro tempore and as Senator, act as 
President.
(c) An individual acting as President under subsection (a) or 
subsection (b) of this section shall continue to act until the 
expiration of the then current Presidential term, except that--
(1) if his discharge of the powers and duties of the office is founded 
in whole or in part on the failure of both the President-elect and the 
Vice-President-elect to qualify, then he shall act only until a 
President or Vice President qualifies; and
(2) if his discharge of the powers and duties of the office is founded 
in whole or in part on the inability of the President or Vice 
President, then he shall act only until the removal of the disability 
of one of such individuals.
(d)(1) If, by reason of death, resignation, removal from office, 
inability, or failure to qualify, there is no President pro tempore to 
act as President under subsection (b) of this section, then the officer 
of the United States who is highest on the following list, and who is 
not under disability to discharge the powers and duties of the office 
of President shall act as President: Secretary of State, Secretary of 
the Treasury, Secretary of Defense, Attorney General, Secretary of the 
Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of 
Labor, Secretary of Health and Human Services, Secretary of Housing and 
Urban Development, Secretary of Transportation, Secretary of Energy, 
Secretary of Education, Secretary of Veterans Affairs.
(2) An individual acting as President under this subsection shall 
continue so to do until the expiration of the then current Presidential 
term, but not after a qualified and prior-entitled individual is able 
to act, except that the removal of  the disability of an individual 
higher on the list contained in paragraph (1) of this subsection or the 
ability to qualify on the part of an individual higher on such list 
shall not terminate his service.
(3) The taking of the oath of office by an individual specified in the 
list in paragraph (1) of this subsection shall be held to constitute 
his resignation from the office by virtue of the holding of which he 
qualifies to act as President.
(e) Subsections (a), (b), and (d) of this section shall apply only to 
such officers as are eligible to the office of President under the 
Constitution. Subsection (d) of this section shall apply only to 
officers appointed, by and with the advice and consent of the Senate, 
prior to the time of the death, resignation, removal from office, 
inability, or failure to qualify, of the President pro tempore, and 
only to officers not under impeachment by the House of Representatives 
at the time the powers and duties of the office of President devolve 
upon them.
(f) During the period that any individual acts as President under this 
section, his compensation shall be at the rate then provided by law in 
the case of the President.
(June 25, 1948, ch. 644, Sec. 1, 62 Stat. 677; Sept. 9, 1965, Pub.L. 
89-174, Sec. 6(a), 79 Stat. 669; Oct. 15, 1966, Pub.L. 89-670, 
Sec. 10(a), 80 Stat. 948; Aug. 12, 1970, Pub.L. 91-375, Sec. 6(b), 84 
Stat. 775; Aug. 4, 1977, Pub.L. 95-91, Title VII, Sec. 709(g), 91 Stat. 
609 and as amended Oct. 17, 1979, Pub.L. 96-88, Title V, Sec. 508(a), 
93 Stat. 692; Oct. 25, 1988, Pub.L. 100-527, Sec. 13(a), 102 Stat. 
2643.)

4. Twentieth Amendment: Commencement of the Terms of the President and 
Vice President
Section 1. 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.
Section 2. The Congress shall assemble at least once in every year, and 
such meeting shall begin at noon on the 3d day of January, unless they 
shall by law appoint a different day.
Section 3. If, at the time fixed for the beginning of the term of the 
President, the President elect shall have died, the Vice President 
elect shall become President. If a President shall not have been chosen 
before the time fixed for the beginning of his term, or if the 
President elect shall have failed to qualify, then the Vice President 
elect shall act as President until a President shall have qualified; 
and the Congress may by law provide for the case wherein neither a 
President elect nor a Vice President elect shall have qualified, 
declaring who shall then act as President, or the manner in which one 
who is to act shall be selected, and such person shall act accordingly 
until a President or Vice President shall have qualified.
Section 4. The Congress may by law provide for the case of the death of 
any of the persons from whom the House of Representatives may choose a 
President whenever the right of choice shall have devolved upon them, 
and for the case of the death of any of the persons from whom the 
Senate may choose a Vice President whenever the right of choice shall 
have devolved upon them.
Section 5. Sections 1 and 2 shall take effect on the 15th day of 
October following the ratification of this article.
Section 6. This article shall be inoperative unless it shall have been 
ratified as an amendment to the Constitution by the legislatures of 
three-fourths of the several States within seven years from the date of 
its submission.

5. Twenty-Fifth Amendment: Presidential Vacancy and Disability
Section 1. In case of the removal of the President from office or of 
his death or resignation, the Vice President shall become President.
Section 2. Whenever there is a vacancy in the office of the Vice 
President, the President shall nominate a Vice President who shall take 
office upon confirmation by a majority vote of both Houses of Congress.
Section 3. Whenever the President transmits to the President pro 
tempore of the Senate and the Speaker of the House of Representatives 
his written declaration that he is unable to discharge the powers and 
duties of his office, and until he transmits to them a written 
declaration to the contrary, such powers and duties shall be discharged 
by the Vice President as Acting President.
Section 4. Whenever the Vice President and a majority of either the 
principal officers of the executive departments or of such other body 
as Congress may by law provide, transmit to the President pro tempore 
of the Senate and the Speaker of the House of Representatives their 
written declaration that the President is unable to discharge the 
powers and duties of his office, the Vice President shall immediately 
assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore 
of the Senate and the Speaker of the House of Representatives his 
written declaration that no inability exists, he shall resume the 
powers and duties of his office unless the Vice President and a 
majority of either the principal officers of the executive department 
or of such other body as Congress may by law provide, transmit within 
four days to the President pro tempore of the Senate and the Speaker of 
the House of Representatives their written declaration that the 
President is unable to discharge the powers and duties of his office. 
Thereupon Congress shall decide the issue, assembling within forty-
eight hours for that purpose if not in session. If the Congress, within 
twenty-one days after receipt of the latter written declaration, or, if 
Congress is not in session, within twenty-one days after Congress is 
required to assemble, determines by two-thirds vote of both Houses that 
the President is unable to discharge the powers and duties of his 
office, the Vice President shall continue to discharge the same as 
Acting President; otherwise, the President shall resume the powers and 
duties of his office.
PART VI. TABLES RELATING TO VARIOUS
ASPECTS OF THE NOMINATION AND ELECTION OF
THE PRESIDENT AND VICE PRESIDENT

                                                                                  TABLE 1.--Presidents and Vice Presidents of the United States and the Congresses Coincident With Their Terms
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                  Electoral vote            Popular vote
                                                   Age at                      Elected                                                                  \1\       --------------------------------
 President and political party   Born    Died   inauguration   Native of--     from--             Religion                Major opponent        ------------------                                              Service                       Vice President           Congress
                                                                                                                                                  Winner   Loser       Winner           Loser
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
George Washington (F)             1732    1799       57       Va.           Va.           Episcopalian             John Adams                         69       34                                  Apr. 30, 1789-Mar. 3, 1793         John Adams                     1, 2
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               61                                                            John Adams (F)                    132       77                                  Mar. 4, 1793-Mar. 3, 1797              do                         3, 4
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
John Adams (F)                    1735    1826       61       Mass.         Mass.         Unitarian                Jefferson (D-R)                    71       68                                  Mar. 4, 1797-Mar. 3, 1801          Thomas Jefferson               5, 6
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Thomas Jefferson (D-R)            1743    1826       57       Va.           Va.           Liberal                  Burr (D-R)                         73   \2\ 73                                  Mar. 4, 1801-Mar. 3, 1805          Aaron Burr                     7, 8
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               61                                                            Pinckney (F)                      162       14                                  Mar. 4, 1805-Mar. 3, 1809          George Clinton                 9. 10
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
James Madison (D-R)               1751    1836       57       Va.           Va.           Episcopalian             Pinckney (F)                      122       47                                  Mar. 4, 1809-Mar. 3, 1813              do                         11, 12
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               61                                                            Clinton (F)                       128       89                                  Mar. 4, 1813-Mar. 3, 1817          Elbridge Gerry                 13, 14
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
James Monroe (D-R)                1758    1831       58       Va.           Va.           Episcopalian             King (F)                          183       34                                  Mar. 4, 1817-Mar. 3, 1821          Daniel D. Tompkins             15, 16
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               62                                                            John Q. Adams (N-R)               231        1                                  Mar. 4, 1821-Mar. 3, 1825              do                         17, 18
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
John Q. Adams (C)                 1767    1848       57       Mass.         Mass.         Unitarian                Jackson (D-R)                      84   \3\ 99         108,740         153,544  Mar. 4, 1825-Mar. 3, 1829          John C. Calhoun                19, 20
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Andrew Jackson (D)                1767    1845       61       N.C.          Tenn.         Presbyterian             John Q. Adams (N-R)               178       83         647,286         508,064  Mar. 4, 1829-Mar. 3, 1833              do                         21, 22
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               65                                                            Clay (N-R)                        219       49         687,502         530,189  Mar. 4, 1833-Mar. 3, 1837          Martin Van Buren               23, 24
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Martin Van Buren (D)              1782    1862       54       N.Y.          N.Y.          Ref. Dutch               W. H. Harrison (W)                170       73         762,678         735,651  Mar. 4, 1837-Mar. 3, 1841          Richard M. Johnson             25, 26
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
W. H. Harrison (W)                1773    1841       68       Va.           Ohio          Episcopalian             Van Buren (D)                     234       60       1,275,016       1,129,102  Mar. 4, 1841-Apr. 4, 1841          John Tyler                     27
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
John Tyler (W)                    1790    1862       51       do            Va.               do                   (\4\)                                                                           Apr. 6, 1841-Mar. 3, 1845                                         27, 28
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
James K. Polk (D)                 1795    1849       49       Tenn.         Tenn.         Presbyterian             Clay (W)                          170      105       1,337,243       1,299,062  Mar. 4, 1845-Mar. 3, 1849          George M. Dallas               29, 30
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Zachary Taylor (W)                1784    1850       64       Va.           La.           Episcopalian             Cass (D)                          163      127       1,360,099       1,220,544  Mar. 5, 1849-July 9, 1850          Millard Filmore                31
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Millard Filmore (W)               1800    1874       50       N.Y.          N.Y.              do                   (\5\)                                                                           July 10, 1850-Mar. 3, 1853                                        31, 32
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Franklin Pierce (D)               1804    1869       48       N.H.          N.H.              do                   Scott (W)                         254       42       1,601,274       1,386,580  Mar. 4, 1853-Mar. 3, 1857          William R. King                33, 34
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
James Buchanan (D)                1791    1868       65       Pa.           Pa.           Presbyterian             Fremont (R)                       174      114       1,838,169       1,341,264  Mar. 4, 1857-Mar. 3, 1861          John C. Breckenridge           35, 36
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Abraham Lincoln (R)               1809    1865       52       Ky.           Ill.          Liberal                  Breckenridge (D)                  180       72       1,866,452         847,953  Mar. 4, 1861-Mar. 3, 1865          Hannibal Hamlin                37, 38
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               56                                                            McClellan (D)                     212       21       2,213,665       1,805,237  Mar. 4, 1865-Apr. 15, 1865         Andrew Johnson                 39
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Andrew Johnson (R)                1808    1875       56       N.C.          Tenn.         Liberal                  (\6\)                                                                           Apr. 15, 1865-Mar. 3, 1869                                        39, 40
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Ulysses S. Grant (R)              1822    1885       46       Ohio          Ill.          Methodist                Seymour (D)                       214       80       3,012,833       2,703,249  Mar. 4, 1869-Mar. 3, 1873          Schuyler Colfax                41, 42
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               50                                                            Greeley (D-LR)                    286    (\7\)       3,597,132       2,834,125  Mar. 4, 1873-Mar. 3, 1877          Henry Wilson                   43, 44
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Rutherford B. Hayes (R)           1822    1893       54       Ohio          Ohio          Methodist                Tilden (D)                        185  \8\ 184       4,036,298       4,300,590  Mar. 4, 1877-Mar. 3, 1881          William A. Wheeler             45, 46
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
James A. Garfield (R)             1831    1881       49       do            do            Disc. of Christ          Hancock (D)                       214      155       4,454,416       4,444,952  Mar. 4, 1881-Sept. 19, 1881        Chester A. Arthur              47
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Chester A. Arthur (R)             1830    1886       50       Vt.           N.Y.          Episcopalian             (\9\)                                                                           Sept. 20, 1881-Mar. 3, 1885                                       47, 48
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Grover Cleveland (D)              1837    1908       47       N.J.          N.Y.          Presbyterian             Blaine (R)                        219      182       4,874,986       4,851,981  Mar. 4, 1885-Mar. 3, 1889          Thomas A. Hendricks            49, 50
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Benjamin Harrison (R)             1833    1901       55       Ohio          Ind.              do                   Cleveland (D)                     233      168       5,439,853       5,540,309  Mar. 4, 1889-Mar. 3, 1893          Levi P. Morton                 51, 52
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Grover Cleveland (D)              1837    1908       55       N.J.          N.Y.              do                   Benjamin Harrison (R)             277      145       5,556,918       5,176,108  Mar. 4, 1893-Mar. 3, 1897          Adlai E. Stevenson             53, 54
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
William McKinley (R)              1843    1901       54       Ohio          Ohio          Methodist                Bryan (D-P)                       271      176       7,104,779       6,502,925  Mar. 4, 1897-Mar. 3, 1901          Garret A. Hobart               55, 56
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               58                                                                do                            292      155       7,207,923       6,358,133  Mar. 4, 1901-Sept. 14, 1901        Theodore Roosevelt             57
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Theodore Roosevelt (R)            1858    1919       42       N.Y.          N.Y.          Ref. Dutch               (\10\)                                                                          Sept. 14, 1901-Mar. 3, 1905                                       57, 58
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               46                                                            Parker (D)                        336      140       7,623,486       5,077,911  Mar. 4, 1905-Mar. 3, 1909          Charles W. Fairbanks           59, 60
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
William H. Taft (R)               1857    1930       51       Ohio          Ohio          Unitarian                Bryan (D)                         321      162       7,678,908       6,409,104  Mar. 4, 1909-Mar. 3, 1913          James S. Sherman               61, 62
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Woodrow Wilson (D)                1856    1924       56       Va.           N.J.          Presbyterian             T. Roosevelt (R)                  435       88       6,293,454       3,484,980  Mar. 4, 1913-Mar. 3, 1917          Thomas R. Marshall             63, 64
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               60                                                            Hughes (R)                        277      254       9,129,606       8,538,221  Mar. 4, 1917-Mar. 3, 1921              do                         65, 66
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Warren G. Harding (R)             1865    1923       55       Ohio          Ohio          Presbyterian             Cox (D)                           404      127      16,152,200       9,147,353  Mar. 4, 1921-Aug. 2, 1923          Calvin Coolidge                67
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Calvin Coolidge (R)               1872    1933       51       Vt.           Mass.         Congregational           (\11\)                                                                          Aug. 3, 1923-Mar. 3, 1925                                         68
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               52                                                            Davis (D)                         382      136      15,725,016       8,386,503  Mar. 4, 1925-Mar. 3, 1929          Charles G. Dawes               69, 70
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Herbert Hoover (R)                1874    1964       54       Iowa          Calif.        Quaker                   Smith (D)                         444       87      21,391,381      15,016,443  Mar. 4, 1929-Mar. 3, 1933          Charles Curtis                 71, 72
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Franklin D. Roosevelt (D)         1882    1945       51       N.Y.          N.Y.          Episcopalian             Hoover (R)                        472       59      22,821,857      15,761,841  Mar. 4, 1933-Jan. 20, 1937         John N. Garner                 73, 74
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               55                                                            Landon (R)                        523        8      27,751,597      16,679,583  Jan. 20, 1937-Jan. 20, 1941            do                         75, 76
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               59                                                            Wilkie (R)                        449       82      27,244,160      22,305,198  Jan. 20, 1941-Jan. 20, 1945        Henry A. Wallace               77, 78
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               63                                                            Dewey (R)                         432       99      25,602,504      22,006,285  Jan. 20, 1945-Apr. 12, 1945        Harry S. Truman                79
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Harry S. Truman (D)               1884    1972       60       Mo.           Mo.           Baptist                  (\12\)                                                                          Apr. 12, 1945-Jan. 20, 1949                                       79, 80
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               64                                                            Dewey (R)                         303      189      24,105,695      21,969,170  Jan. 20, 1949-Jan. 20, 1953        Alben W. Barkley               81, 82
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Dwight D. Eisenhower (R)          1890    1969       62       Texas         N.Y.          Presbyterian             Stevenson (D)                     442       89      33,778,963      27,314,992  Jan. 20, 1953-Jan. 20, 1957        Richard M. Nixon               83, 84
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               66                     Pa.                                        do                            457       73      35,581,003      25,738,765  Jan. 20, 1957-Jan. 20, 1961            do                         85, 86
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
John F. Kennedy (D)               1917    1963       43       Mass.         Mass.         Roman Catholic           Nixon (R)                         303      219      34,227,096      34,107,646  Jan. 20, 1961-Nov. 22, 1963        Lyndon B. Johnson              87, 88
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Lyndon B. Johnson (D)             1908    1973       55       Texas         Texas         Christian                (\13\)                                                                          Nov. 22, 1963-Jan. 20, 1965        .............................  88
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               56                                                            Goldwater (R)                     486       52      42,825,463      27,146,969  Jan. 20, 1965-Jan. 20, 1969        Hubert H. Humphrey             89, 90
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Richard M. Nixon (R)              1913    1994       56       Calif.        N.Y.          Quaker                   Humphrey (D)                      301      191      31,710,470      30,898,055  Jan. 20, 1969-Jan. 20, 1973        Spiro T. Agnew                 91, 92
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               60                                                            McGovern (D)                      520       17      46,740,323      28,901,598  Jan. 20, 1973-Aug. 9, 1974             do \14\                    93
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                                                                                                                                                                                                                Gerald Ford \15\               93
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Gerald R. Ford (R)                1913               61       Nebr.         Mich.         Episcopalian             (\16\)                                                                          Aug. 9, 1974-Jan. 20, 1977         Nelson A. Rockefeller \17\     93
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Jimmy Carter (D)                  1924               52       Ga.           Ga.           Baptist                  Ford (R)                          297      240      40,825,839      39,147,770  Jan. 20, 1977-Jan. 20, 1981        Walter F. Mondale              95, 96
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Ronald Reagan (R)                 1911               69       Calif.        Calif.        Christian                Jimmy Carter                      489       49      43,901,812      35,483,820  Jan. 20, 1981-Jan. 20, 1985        George Bush                    97, 98
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               73                                                            Walter F. Mondale                 525       13      54,455,000      37,577,000  Jan. 20, 1985-Jan. 20, 1989            do                         99, 100
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
George Bush (R)                   1924               64       Texas         Texas         Episcopalian             Michael Dukakis (D)               426      111      47,946,000      41,016,000  Jan. 20, 1989-Jan. 20, 1993        James Danforth Quayle          101, 102
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
William J. Clinton (D)            1946               47       Ark.          Ark.          Baptist                  George Bush (R)                   370      168      44,909,326      39,104,882  Jan. 20, 1993-Jan. 20, 1997        Albert Gore                    103, 104
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Do                                               51                                                            Robert Dole (R)                   379      159      47,402,357      39,198,755  Jan. 20, 1997                          do                         105, 106
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Electoral votes for other candidates disregarded.    \2\ There being no choice for President by the people, the election devolved upon the House of Representatives, and Feb. 17, 1801. Thomas Jefferson was chosen by the votes of 10 States, to 4 for Aaron Burr, and 2
  blank.    \3\ No choice for President having been made by the people, the election devolved upon the House of Representatives and John Quincy Adams was elected, receiving the votes of 13 States to 7 for Andrew Jackson and 3 for William H. Crawford.    \4\ Harrison died
  in 1841; succeeded by Tyler.    \5\ Taylor died in 1850; succeeded by Filmore.    \6\ Lincoln was assassinated in 1865; succeeded by Johnson.    \7\ By resolution of the House, 3 votes cast for Horace Greeley were not counted.    \8\ The electoral votes of 4 States were
  disputed. Congress referred the matter to the Electoral Commission which gave the decision to Hayes.    \9\ Garfield was assassinated in 1881; succeeded by Arthur.    \10\ McKinley was assassinated in 1901; succeeded by Theodore Roosevelt.    \11\ Harding died in 1923;
  succeeded by Coolidge.    \12\ F.D. Roosevelt died in 1945; succeeded by Truman.    \13\ Kennedy was assassinated Nov. 22, 1963; succeeded by Lyndon B. Johnson.    \14\ Resigned, Oct. 10, 1973.    \15\ Replaced Agnew, Dec. 6, 1973.    \16\ Replaced Nixon who resigned on
  Aug. 9, 1974.    \17\ Rockefeller was sworn in as Vice President in Dec. 1974.    Key to abbreviations: (D) Democrat; (D-P) Democrat-Populist; (D-R) Democrat-Republican; (D-LR) Democrat-Liberal Republican; (F) Federalist; (N-R) National-Republican; (R) Republican; (W)
  Whig; (C) Coalition.


                              TABLE 2.--Electoral Vote Cast for President, by Major Political Parties--States: 1956 to 1996
                                                              [D=Democratic, R=Republican]
--------------------------------------------------------------------------------------------------------------------------------------------------------
          REGION, DIVISION, AND STATE            1956 \1\  1960 \2\    1964   1968 \3\  1972 \4\  1976 \5\    1980     1984   1988 \6\    1992     1996
--------------------------------------------------------------------------------------------------------------------------------------------------------
  Democratic...................................        73       303      486       191        17       297       49       13       111      370      379
  Republican...................................       457       219       52       301       520       240      489      525       426      168      159
                                                --------------------------------------------------------------------------------------------------------
Northeast:
  Democratic...................................        --       121      126       102        14        86        4       --        53      106      106
  Republican...................................       133        12       --        24       108        36      118      113        60       --       --
Midwest:
  Democratic...................................        13        71      149        31        --        58       10       10        29      100      100
  Republican...................................       140        82       --       118       145        87      135      127       108       29       29
South:
  Democratic...................................        60       101      121        45         3       149       31        3         8       68       80
  Republican...................................       105        50       47        77       165        20      138      174       168      116      104
West:
  Democratic...................................        --        10       90        13        --         4        4       --        21       96       93
  Republican...................................        79        75        5        82       102        97       98      111        90       23       26
New England:
  ME...........................................       R-5       R-5      D-4       D-4       R-4       R-4      R-4      R-4       R-4      D-4      D-4
  NH...........................................       R-4       R-4      D-4       R-4       R-4       R-4      R-4      R-4       R-4      D-4      D-4
  VT...........................................       R-3       R-3      D-3       R-3       R-3       R-3      R-3      R-3       R-3      D-3      D-3
  MA...........................................      R-16      D-16     D-14      D-14      D-14      D-14     R-14     R-13      D-13     D-12     D-12
  RI...........................................       R-4       D-4      D-4       D-4       R-4       D-4      D-4      R-4       D-4      D-4      D-4
  CT...........................................       R-8       D-8      D-8       D-8       R-8       R-8      R-8      R-8       R-8      D-8      D-8
Middle Atlantic:
  NY...........................................      R-45      D-45     D-43      D-43      R-41      D-41     R-41     R-36      D-36     D-33     D-33
  NJ...........................................      R-16      D-16     D-17      R-17      R-17      R-17     R-17     R-16      R-16     D-15     D-15
  PA...........................................      R-32      R-32     R-29      D-29      R-27      D-27     R-27     R-25      R-25     D-23     D-23
East North Central:
  OH...........................................      R-25      R-25     D-26      R-26      R-25      D-25     R-25     R-23      R-23     D-21     D-21
  IN...........................................      R-13      R-13     D-13      R-13      R-13      R-13     R-13     R-12      R-12     R-12     R-12
  IL...........................................      R-27      D-27     D-26      R-26      R-26      R-26     R-26     R-24      R-24     D-22     D-22
  MI...........................................      R-20      D-20     D-21      D-21      R-21      R-21     R-21     R-20      R-20     D-18     D-18
  WI...........................................      R-12      R-12     D-12      R-12      R-11      D-11     R-11     R-11      D-11     D-11     D-11
West North Central:
  MN...........................................      R-11      D-11     D-10      D-10      R-10      D-10     D-10     D-10      D-10     D-10     D-10
  IA...........................................      R-10      R-10      D-9       R-9       R-8       R-8      R-8      R-8       D-8      D-7      D-7
  MO...........................................      D-13      D-13     D-12      R-12      R-12      D-12     R-12     R-11      R-11     D-11     D-11
  ND...........................................       R-4       R-4      D-4       R-4       R-3       R-3      R-3      R-3       R-3      R-3      R-3
  SD...........................................       R-4       R-4      D-4       R-4       R-4       R-4      R-4      R-3       R-3      R-3      R-3
  NE...........................................       R-6       R-6      D-5       R-5       R-5       R-5      R-5      R-5       R-5      R-5      R-5
  KS...........................................       R-8       R-8      D-7       R-7       R-7       R-7      R-7      R-7       R-7      R-6      R-6
South Atlantic:
  DE...........................................       R-3       D-3      D-3       R-3       R-3       D-3      R-3      R-3       R-3      D-3      D-3
  MD...........................................       R-9       D-9     D-10      D-10      R-10      D-10     D-10     R-10      R-10     D-10     D-10
  DC...........................................       (X)       (X)      D-3       D-3       D-3       D-3      D-3      D-3       D-3      D-3      D-3
  VA...........................................      R-12      R-12     D-12      R-12  \4\ R-11      R-12     R-12     R-12      R-12     R-13     R-13
  WV...........................................       R-8       D-8      D-7       D-7       R-6       D-6      D-6      R-6   \6\ D-5      D-5      D-5
  NC...........................................      D-14      D-14     D-13  \3\ R-12      R-13      D-13     R-13     R-13      R-13     R-14     R-14
  SC...........................................       D-8       D-8      R-8       R-8       R-8       D-8      R-8      R-8       R-8      R-8      R-8
  GA...........................................      D-12      D-12     R-12     (\3\)      R-12      D-12     D-12     R-12      R-12     D-13     R-13
  FL...........................................      R-10      R-10     D-14      R-14      R-17      D-17     R-17     R-21      R-21     R-25     D-25
East South Central:
  KY...........................................      R-10      R-10      D-9       R-9       R-9       D-9      R-9      R-9       R-9      D-8      D-8
  TN...........................................      R-11      R-11     D-11      R-11      R-10      D-10     R-10     R-11      R-11     D-11     D-11
  AL...........................................  \1\ D-10   \2\ D-5     R-10     (\3\)       R-9       D-9      R-9      R-9       R-9      R-9      R-9
  MS...........................................       D-8     (\2\)      R-7     (\3\)       R-7       D-7      R-7      R-7       R-7      R-7      R-7
West South Central:
  AR...........................................       D-8       D-8      D-6     (\3\)       R-6       D-6      R-6      R-6       R-6      D-6      D-6
  LA...........................................      R-10      D-10     R-10     (\3\)      R-10      D-10     R-10     R-10      R-10      D-9      D-9
  OK...........................................       R-8   \2\ R-7      D-8       R-8       R-8       R-8      R-8      R-8       R-8      R-8      R-8
  TX...........................................      R-24      D-24     D-25      D-25      R-26      D-26     R-26     R-29      R-29     R-32     R-32
Mountain:
  MT...........................................       R-4       R-4      D-4       R-4       R-4       R-4      R-4      R-4       R-4      D-3      D-3
  ID...........................................       R-4       R-4      D-4       R-4       R-4       R-4      R-4      R-4       R-4      R-4      R-4
  WY...........................................       R-3       R-3      D-3       R-3       R-3       R-3      R-3      R-3       R-3      R-3      R-3
  CO...........................................       R-6       R-6      D-6       R-6       R-7       R-7      R-7      R-8       R-8      D-8      R-8
  NM...........................................       R-4       D-4      D-4       R-4       R-4       R-4      R-4      R-5       R-5      D-5      D-5
  AZ...........................................       R-4       R-4      R-5       R-5       R-6       R-6      R-6      R-7       R-7      R-8      D-8
  UT...........................................       R-4       R-4      D-4       R-4       R-4       R-4      R-4      R-5       R-5      R-5      R-5
  NV...........................................       R-3       D-3      D-3       R-3       R-3       R-3      R-3      R-4       R-4      D-4      D-4
Pacific:
  WA...........................................       R-9       R-9      D-9       D-9       R-9   \5\ R-8      R-9     R-10      D-10     D-11     D-11
  OR...........................................       R-6       R-6      D-6       R-6       R-6       R-6      R-6      R-7       D-7      D-7      D-7
  CA...........................................      R-32      R-32     D-40      R-40      R-45      R-45     R-45     R-47      R-47     D-54     D-54
  AK...........................................       (X)       R-3      D-3       R-3       R-3       R-3      R-3      R-3       R-3      R-3      R-3
  HI...........................................       (X)       D-3      D-4       D-4       R-4       D-4      D-4      R-4       D-4      D-4      D-4
--------------------------------------------------------------------------------------------------------------------------------------------------------
--Represents zero.    X=Not applicable.    \1\ Excludes one electoral vote cast for Walter B. Jones in Alabama.    \2\ Excludes 15 electoral votes cast
  for Harry F. Byrd as follows: AL 6, MS 8, and OK 1.     \3\ Excludes 46 electoral votes cast for American Independent George C. Wallace as follows: AL
  10, AR 6, GA 12, LA 10, MS 7, and NC 1.     \4\ Excludes one electoral vote cast for Libertarian John Hospers in Virginia.    \5\ Excludes one
  electoral vote cast for Ronald Reagan in Washington.    \6\ Excludes one electoral vote cast for Lloyd Bentsen for President in West Virginia.

Source: 1952-72, U.S. Congress, Clerk of the House, Statistics of the Presidential and Congressional Election, quadrennial; 1976-96, Congressional
  Quarterly, Inc., Washington, D.C. America Votes, biennial (copyright).


                                                                                                                                TABLE 3.--Popular Vote Cast for President, by Political Parties--Regions and States 1976 to 1996
                                                                                 [In thousands, except percent. D=Democrat, R=Republican. Leading party vote refers to the party vote representing either a majority or a plurality for the victorious party in the area shown.]
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                1976                                        1980                                        1984                                      1988 \2\                                       1992                                                              1996
                                            --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Percent                                     Percent                                     Percent                                     Percent                                      Percent                                                           Percent of total vote
         Region Division, and State                    Democratic  Republican     for              Democratic  Republican     for              Democratic  Republican     for              Democratic  Republican     for               Democratic  Republican     for              Democratic  Republican      Perot     --------------------------------------
                                             Total\1\     Party       Party     leading  Total\1\     Party       Party     leading  Total\1\     Party       Party     leading    Total      Party       Party     leading   Total\1\     Party       Party     leading  Total\1\     Party       Party    (Independent)  Democratic  Republican      Perot
                                                                                 party                                       party                                       party                                       party                                        party                                                       Party       Party    (Independent)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    U.S....................................   81,556      40,831      39,148    D-50.1    86,515      35,484      43,904    R-50.7    92,653      37,577      54,455    R-58.8    88,963      41,016      47,946    R-53.9    104,425      44,909      39,104    19,742    96,273      47,401      39,197        8,085          49.2        40.7          8.4
                                            --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Region:
  Northeast................................   19,520       9,929       9,272    D-50.9    19,206       8,019       9,147    R-47.6    20,483       9,046      11,336    R-55.3    19,260       9,485       9,774    R-50.7     21,581       9,940       7,507     3,994    19,601      10,862       6,607        1,772          55.4        33.7          9.0
  Midwest..................................   24,155      11,671      11,995    R-49.7    25,178      10,291      12,827    R-50.9    25,441      10,511      14,761    R-58.0    24,347      11,489      12,858    R-52.8     27,735      11,692      10,234     5,668    24,953      12,076      10,151        2,426          48.4        40.7          9.7
  South....................................   23,198      12,520      10,394    D-54.0    25,813      11,554      13,118    R-50.8    28,833      10,998      17,699    R-61.4    28,005      11,892      16,113    R-57.5     33,625      14,118      14,014     5,325    31,755      14,850      14,346        2,315          46.8        45.2          7.3
  West.....................................   14,682       6,711       7,488    R-51.0    16,318       5,620       8,813    R-54.0    17,895       7,022      10,659    R-59.6    17,351       8,150       9,201    R-53.0     21,484       9,160       7,349     4,755    19,964       9,613       8,093        1,572          48.2        40.5          7.9

N. Eng.....................................    5,351       2,766       2,454    D-51.7     5,467       2,206       2,446    R-44.7     5,614       2,437       3,153    R-56.2     5,606       2,798       2,808    R-50.1      6,351       2,820       2,012     1,479     5,703       3,237       1,769          576          56.8        31.0         10.1
  ME.......................................      483         232         236    R-48.9       523         221         239    R-45.6       553         215         337    R-60.8       545         241         304    R-55.8        679         263         207       207       606         313         186           86          51.6        30.8         14.2
  NH.......................................      340         148         186    R-54.7       384         109         222    R-57.7       389         120         267    R-68.6       442         162         280    R-63.3        538         209         202       121       499         246         196           48          49.3        39.4          9.7
  VT.......................................      188          81         102    R-54.4       213          82          95    R-44.4       235          96         136    R-57.9       240         116         123    R-51.4        290         134          88        66       258         138          80           31          53.4        31.1         12.0
  MA.......................................    2,548       1,429       1,030    D-56.1     2,524       1,054       1,058    R-41.9     2,559       1,240       1,311    R-51.2     2,572       1,387       1,184    D-53.9      2,774       1,319         805       631     2,556       1,572         718          227          61.5        28.1          8.9
  RI.......................................      411         228         181    D-55.4       416         198         155    D-47.7       410         197         212    R-51.7       386         217         170    D-56.1        453         213         132       105       390         233         105           44          59.7        26.8         11.2
  CT.......................................    1,382         648         719    R-52.1     1,406         542         677    R-48.2     1,467         570         891    R-60.7     1,422         675         747    R-52.5      1,616         682         578       349     1,393         736         483          140          52.8        34.7         10.0

Mid. Atl...................................   14,169       7,164       6,817    D-50.6    13,739       5,813       6,703    R-48.8    14,870       6,609       8,183    R-55.0    13,654       6,687       6,966    R-51.0     15,230       7,120       5,495     2,515    13,898       7,624       4,838        1,196          54.9        34.8          8.6
  NY.......................................    6,534       3,390       3,101    D-51.9     6,202       2,728       2,894    R-46.7     6,807       3,120       3,665    R-53.8     6,204       3,228       2,975    D-52.0      6,927       3,444       2,347     1,091     6,316       3,756       1,933          503          59.5        30.6          8.0
  NJ.......................................    3,014       1,445       1,510    R-50.1     2,976       1,147       1,547    R-52.0     3,218       1,261       1,934    R-60.1     2,975       1,275       1,700    R-57.1      3,344       1,436       1,357       522     3,076       1,652       1,103          262          53.7        35.9          8.5
  PA.......................................    4,621       2,329       2,206    D-50.4     4,562       1,938       2,262    R-49.6     4,845       2,228       2,584    R-53.3     4,475       2,184       2,291    R-51.2      4,960       2,239       1,792       903     4,506       2,216       1,801          431          49.2        40.0          9.6

E. No. Cent................................   16,809       8,035       8,448    R-50.3    17,458       7,221       8,825    R-50.5    17,613       7,279      10,213    R-58.0    16,766       7,762       9,004    R-53.7     19,102       8,199       7,104     3,702    17,026       8,439       6,780        1,618          49.6        39.8          9.5
  OH.......................................    4,112       2,012       2,001    D-48.9     4,284       1,752       2,207    R-51.5     4,548       1,825       2,679    R-58.9     4,347       1,935       2,412    R-55.5      4,940       1,985       1,894     1,036     4,534       2,148       1,860          483          47.4        41.0         10.7
  IN.......................................    2,220       1,015       1,184    R-53.3     2,242         844       1,256    R-56.0     2,233         841       1,377    R-61.7     2,131         851       1,280    R-60.1      2,306         848         989       456     2,135         887       1,007          224          41.6        47.1         10.5
  IL.......................................    4,719       2,271       2,364    R-50.1     4,750       1,981       2,358    R-49.6     4,819       2,086       2,707    R-56.2     4,479       2,181       2,299    R-51.3      5,050       2,453       1,734       841     4,311       2,342       1,587          346          54.3        36.8          8.0
  MI.......................................    3,654       1,697       1,894    R-51.8     3,910       1,662       1,915    R-49.0     3,802       1,530       2,252    R-59.2     3,643       1,673       1,969    R-54.1      4,275       1,871       1,555       825     3,849       1,990       1,481          337          51.7        38.5          8.7
  WI.......................................    2,104       1,040       1,005    D-49.4     2,273         982       1,089    R-47.9     2,212         996       1,199    R-54.2     2,166       1,122       1,044    D-51.8      2,531       1.041         931       544     2,196       1,072         845          227          48.8        38.5         10.4

W. No. Cent................................    7,346       3,635       3,547    D-49.5     7,719       3,070       4,002    R-51.8     7,828       3,232       4,548    R-58.1     7,581       3,727       3,854    R-50.8      8,633       3,493       3,130     1,966     7,927       3,637       3,371          808          45.9        42.5         10.2
  MN.......................................    1,950       1,070         819    D-54.9     2,052         954         873    D-46.5     2,084       1,036       1,033    D-49.7     2,065       1,107         958    D-53.6      2,348       1,021         748       563     2,193       1,120         766          258          51.1        35.0         11.8
  IA.......................................    1,279         620         633    R-49.5     1,318         509         676    R-51.3     1,320         606         703    R-53.3     1,209         667         542    D-55.2      1,355         586         505       253     1,234         620         493          105          50.3        39.9          8.5
  MO.......................................    1,954         998         927    D-51.1     2,100         931       1,074    R-51.2     2,123         849       1,274    R-60.0     2,085       1,004       1,081    R-51.8      2,392       1,054         811       519     2,158       1,026         890          217          47.5        41.2         10.1
  ND.......................................      297         136         153    R-51.6       302          79         194    R-64.2       309         104         200    R-64.8       293         127         166    R-56.6        308          99         136        71       266         107         125           33          40.1        46.9         12.2
  SD.......................................      301         147         152    R-50.4       328         104         198    R-60.5       318         116         200    R-63.0       311         146         166    R-53.2        336         125         137        73       324         139         151           31          43.0        46.5          9.7
  NE.......................................      608         234         360    R-59.2       641         167         420    R-65.5       652         188         460    R-70.6       644         254         389    R-60.5        738         217         344       174       677         237         363           71          35.0        53.7         10.5
  KS.......................................      958         430         503    R-52.5       980         326         567    R-57.9     1,022         333         677    R-66.3       975         422         553    R-56.7      1,157         390         450       312     1,074         388         583           93          36.1        54.3          8.6

So. Atl....................................   11,392       6,264       5,005    D-55.0    12,589       5,698       6,198    R-49.2    14,124       5,519       8,565    R-60.6    13,896       5,852       8,045    R-57.9     17,195       7,352       7,103     2,667    16,558       7,897       7,294        1,242          47.7        44.1          7.5
  DE.......................................      236         123         110    D-52.0       236         106         111    R-47.2       255         102         152    R-59.8       230          99         131    R-56.8        290         126         102        59       271         140          99           29          51.8        36.6         10.6
  MD.......................................    1,440         760         673    D-52.8     1,540         726         681    D-47.1     1,676         788         880    R-52.5     1,628         794         834    R-51.2      1,985         989         707       281     1,781         966         682          116          54.3        38.3          6.5
  DC.......................................      169         138          28    D-81.6       175         131          24    D-74.8       211         180          29    D-85.4       179         153          26    D-85.6        228         193          21        10       186         158          17            4          85.2         9.3          1.9
  VA.......................................    1,697         814         837    R-49.3     1,866         752         990    R-53.0     2,147         796       1,337    R-62.3     2,166         861       1,305    R-60.3      2,559       1,039       1,151       349     2,417       1,091       1,138          160          45.1        47.1          6.6
  WV.......................................      751         436         315    D-58.0       738         367         334    D-49.8       736         328         405    R-55.1       647         339         308    D-52.4        684         331         242       109       636         328         234           72          51.5        36.8         11.3
  NC.......................................    1,679         927         742    D-55.2     1,856         876         915    R-49.3     2,175         824       1,346    R-61.9     2,122         890       1,232    R-58.1      2,612       1,114       1,135       358     2,516       1,108       1,226          168          44.0        48.7          6.7
  SC.......................................      803         451         346    D-56.2       894         430         442    R-49.4       969         344         616    R-63.6       967         368         600    R-62.0      1,203         480         578       139     1,151         506         573           64          44.0        49.8          5.6
  GA.......................................    1,467         979         484    D-66.7     1,597         891         654    D-55.8     1,776         707       1,069    R-60.2     1,786         716       1,070    R-59.9      2,321       1,009         995       310     2,299       1,054       1,081          146          45.8        47.0          6.4
  FL.......................................    3,151       1,636       1,470    D-51.9     3,687       1,419       2,047    R-55.5     4,180       1,449       2,730    R-65.3     4,171       1,632       2,539    R-60.9      5,314       2,073       2,173     1,053     5,301       2,546       2,243          484          48.0        42.3          9.1

E. So. Cent................................    4,596       2,482       2,037    D-54.0     5,147       2,465       2,518    R-48.9     5,464       2,155       3,267    R-59.8     5,197       2,165       3,032    R-58.3      6,145       2,689       2,751       673     5,711       2,602       2,696          371          45.6        47.2          6.5
  KY.......................................    1,167         616         532    D-52.8     1,295         616         635    R-49.1     1,369         540         822    R-60.0     1,311         579         731    R-55.8      1,493         665         617       204     1,389         637         623          120          45.8        44.9          8.7
  TN.......................................    1,476         826         634    D-55.9     1,618         783         788    R-48.7     1,712         712         990    R-57.8     1,617         678         939    R-58.1      1,983         934         841       200     1,894         909         864          106          48.0        45.6          5.6
  AL.......................................    1,183         659         504    D-55.7     1,342         637         654    R-48.8     1,442         552         873    R-60.5     1,357         547         810    R-59.7      1,688         690         804       183     1,534         662         769           92          43.2        50.1          6.0
  MS.......................................      769         381         367    D-49.6       893         429         441    R-49.4       941         352         582    R-61.9       913         361         552    R-60.5        982         400         488        86       894         394         440           52          44.1        49.2          5.8

W. So. Cent................................    7,210       3,774       3,354    D-52.4     8,078       3,389       4,403    R-54.5     9,244       3,325       5,867    R-63.5     8,912       3,875       5,037    R-56.5     10,285       4,077       4,160     1,985     9,487       4,351       4,356          703          45.9        45.9          7.4
  AR.......................................      768         499         268    D-65.0       838         398         403    R-48.1       884         339         535    R-60.5       809         345         464    R-57.3        951         506         337        99       884         475         325           70          53.7        36.8          7.9
  LA.......................................    1,278         661         587    D-51.7     1,549         708         793    R-51.2     1,707         652       1,037    R-60.8     1,596         716         881    R-55.2      1,790         816         733       211     1,784         928         713          123          52.0        39.9          6.9
  OK.......................................    1,092         532         546    R-50.0     1,150         402         696    R-60.5     1,256         385         862    R-68.6     1,162         483         678    R-58.4      1,390         473         593       320     1,207         488         582          131          40.4        48.3         10.8
  TX.......................................    4,072       2,082       1,953    D-51.1     4,542       1,881       2,511    R-55.3     5,398       1,949       3,433    R-63.6     5,345       2,331       3,014    R-56.4      6,154       2,282       2,496     1,355     5,612       2,460       2,736          379          43.8        48.8          6.7

Mt.........................................    3,815       1,569       2,124    R-55.7     4,346       1,251       2,637    R-60.7     4,736       1,546       3,131    R-66.1     4,893       2,027       2,865    R-58.6      5,970       2,167       2,272     1,437     5,711       2,435       2,649          498          42.6        46.4          8.7
  MT.......................................      329         149         174    R-52.8       364         118         207    R-56.8       384         147         232    R-60.5       358         168         190    R-53.0        411         155         144       107       407         168         180           55          41.3        44.1         13.6
  ID.......................................      344         127         204    R-59.3       437         110         291    R-66.5       411         109         298    R-72.4       401         147         253    R-63.2        482         137         203       130       492         165         257           63          33.6        52.2         12.7
  WY.......................................      156          62          93    R-59.3       177          49         111    R-62.6       189          53         133    R-70.5       174          67         107    R-61.4        201          68          79        51       212          78         105           26          36.8        49.8         12.3
  CO.......................................    1,082         460         584    R-54.0     1,184         368         652    R-55.1     1,295         455         822    R-63.4     1,349         621         728    R-53.9      1,569         630         563       366     1,511         671         692          100          44.4        45.8          6.6
  NM.......................................      418         201         211    R-50.5       457         168         251    R-54.9       514         202         307    R-59.7       497         237         261    R-52.4        570         262         213        92       556         273         233           32          49.2        41.9          5.8
  AZ.......................................      743         296         419    R-56.4       874         247         530    R-60.6     1,026         334         681    R-66.4     1,142         447         694    R-60.8      1,487         543         572       354     1,404         653         622          112          46.5        44.3          8.0
  UT.......................................      541         182         338    R-62.4       604         124         440    R-72.8       630         155         469    R-74.5       634         207         427    R-67.4        744         183         323       203       666         222         362           66          33.3        54.4         10.0
  NV.......................................      202          92         101    R-50.2       248          67         155    R-62.5       287          92         189    R-65.8       339         133         206    R-60.8        506         189         176       133       464         204         199           44          43.9        42.9          9.5

Pac........................................   10,867       5,140       5,364    R-49.4    11,973       4,369       6,177    R-51.6    13,159       5,476       7,528    R-57.2    12,458       6,123       6,335    R-50.9     15,514       6,993       5,076     3,318    14,253       7,178       5,444        1,074          50.4        38.2          7.5
  WA.......................................    1,556         717         778    R-50.0     1,742         650         865    R-49.7     1,884         807       1,052    R-55.8     1,645         845         800    D-51.3      2,288         993         731       542     2,254       1,123         841          201          49.8        37.3          8.9
  OR.......................................    1,030         490         492    R-47.8     1,182         457         571    R-48.3     1,227         536         686    R-55.9     1,093         575         518    D-52.6      1,463         621         476       354     1,378         650         538          121          47.2        39.1          8.8
  CA.......................................    7,867       3,742       3,882    R-49.3     8,587       3,084       4,525    R-52.7     9,505       3,923       5,467    R-57.5     9,205       4,448       4,756    R-51.7     11,132       5,121       3,631     2,296    10,019       5,120       3,828          698          51.1        38.2          7.0
  AK.......................................      124          44          72    R-57.9       158          42          86    R-54.3       208          62         138    R-66.7       165          62         102    R-62.2        259          78         102        73       242          80         123           26          33.3        50.8         10.9
  HI.......................................      291         147         140    D-50.6       303         136         130    D-44.8       336         147         185    R-55.1       351         192         159    D-54.8        373         179         137        53       360         205         114           27          56.9        31.6          7.6
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\1\ Includes other parties.    \2\ Based on unofficial returns compiled by the News Election Service. Source: Congressional Quarterly, Inc., Washington, DC, Congressional Quarterly Weekly Report, vol. 46, No. 46, Nov. 12, 1988. (Copyright.)

  Source: Statistical Abstract of the United States, 1987, U.S. Dept. of Commerce, Bureau of the Census, 1972, U.S. Congress, Clerk of the House, Statistics of the Presidential and Congressional Election of Nov. 7, 1972 (in some cases, figures have been revised by Elections Research Center, Washington, D.C.); thereafter, Elections Research Center,
  Washington, D.C., America Votes, biennial (copyright) and Congressional Quarterly, Inc.

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