    [Senate Document 109-10]
    [From the U.S. Government Publishing Office]

    109th Congress                   SENATE                        Document
     1st Session                                                    109-10
    _______________________________________________________________________

                              SENATE ELECTION LAW
                                   GUIDEBOOK
                                     2006

                                   ----------

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

                                   ----------

                              TRENT LOTT, Chairman

                     COMMITTEE ON RULES AND ADMINISTRATION
                              UNITED STATES SENATE

                           REVISED TO JANUARY 1, 2006

                   November 18, 2005.--Ordered to be printed

    109th Congress                   SENATE                        Document
     1st Session                                                    109-10
    _______________________________________________________________________

                              SENATE ELECTION LAW
                                   GUIDEBOOK
                                      2006

                                   __________

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

                                   __________

                              TRENT LOTT, Chairman

                     COMMITTEE ON RULES AND ADMINISTRATION

                              UNITED STATES SENATE

                           REVISED TO JANUARY 1, 2006

                   November 18, 2005.--Ordered to be printed

                                     _____

                         U.S. GOVERNMENT PRINTING OFFICE
                                 WASHINGTON: 2006
    24-700

    For Sale by the Superintendent of Documents, U.S. Government Printing Office
    Internet: bookstore.gpo.gov  Phone: toll free (866) 512-1800; (202) 512-1800
    Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001

                     COMMITTEE ON RULES AND ADMINISTRATION

                       TRENT LOTT, Mississippi, Chairman
    TED STEVENS, Alaska                  CHRISTOPHER J. DODD, Connecticut
    MITCH McCONNELL, Kentucky            ROBERT C. BYRD, West Virginia
    THAD COCHRAN, Mississippi            DANIEL K. INOUYE, Hawaii
    RICK SANTORUM, Pennsylvania          DIANNE FEINSTEIN, California
    KAY BAILEY HUTCHISON, Texas          CHARLES E. SCHUMER, New York
    WILLIAM H. FRIST, Tennessee          MARK DAYTON, Minnesota
    SAXBY CHAMBLISS, Georgia             RICHARD DURBIN, Illinois
    ROBERT F. BENNETT, Utah              BENJAMIN NELSON, Nebraska
    CHUCK HAGEL, Nebraska
                          Susan Wells, Staff Director
                        Matthew Petersen, Chief Counsel
          Kennie L. Gill, Democratic Staff Director and Chief Counsel

                                  ----------

                             SENATE RESOLUTION 325

                       In the Senate of the United States

                               November 18, 2005

        Resolved, That the Committee on Rules and Administration
    shall prepare a revised edition of the Senate Election Law
    Guidebook, Senate Document 106-14, and that such document shall
    be printed as a Senate document.
        Sec. 2. There shall be printed, beyond the usual number,
    500 additional copies of the document specified in the first
    section for the use of the Committee on Rules and
    Administration.
        Attest:
                                                Emily Reynolds,
                                                             Secretary.

                                     CAVEAT

                                  ----------

        It is of paramount importance to consult with the
    appropriate secretary of state or state board of elections when
    questions arise about the various state statutory materials
    contained in this publication. Specifically, dates and filing
    information should be confirmed by the appropriate secretary of
    state or state election office because changes in this area of
    law occur frequently. In addition, due to natural disasters,
    affected states may alter election dates and filing deadlines.

                                    PREFACE

                                  ----------

        The 2006 publication contains a comprehensive compilation
    of constitutional and Federal statutory provisions and State
    election laws relating to the nomination and election of
    candidates to the United States Senate.
        This Guidebook is designed as a ready reference, providing
    highlights of provisions of Federal and State laws pertaining
    to the election of Senators, as well as explanatory legal
    memoranda. It is anticipated that it will benefit senatorial
    candidates, the Committee on Rules and Administration, and the
    public in general. The detailed citations will facilitate
    opportunity for reference to the statutory provisions if one
    should require complete information on any given subject.
        This revision of the Senate Election Law Guidebook was
    prepared at the direction of the Committee on Rules and
    Administration by L. Paige Whitaker and Jack Maskell,
    Legislative Attorneys, David S. Mao, Section Head, Cassandra
    Foley and Tara Rainson, Law Librarians, and Stuart Carmody,
    Reference Assistant, Knowledge Services Group, under the
    supervision of Richard C. Ehlke, Assistant Director, and Ellen
    M. Lazarus, Deputy Assistant Director, American Law Division,
    Congressional Research Service, Library of Congress.

                                C O N T E N T S

                                  ----------
                                                                       Page

    Caveat...........................................................   iii
    Preface..........................................................     v
    Key Election Dates...............................................  xiii
    The United States Senate.........................................     1

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

    A. Federal Constitutional Provisions Relating to the Elections of
      Senators.......................................................     9
        Composition of Senate........................................     9
        Vacancies....................................................     9
        Qualifications...............................................     9
        Conduct of Elections.........................................     9
        Dual Office Holding..........................................     9
        Ban on Poll Tax..............................................    10
        Eighteen-Year-Old Vote.......................................    10
        Pay of Senators..............................................    10
    B. Selected Laws Relating to the Elections of Senators (Title 2,
      U.S. Code).....................................................    11
        2 U.S.C. Sec. 1. Time for Election of Senators...............    11
        2 U.S.C. Sec. 1a. Election To Be Certified By Governor.......    11
        2 U.S.C. Sec. 1b. Countersignature of Certificate of Election    11
        2 U.S.C. Sec. 7. Time of Election............................    11
        2 U.S.C. Sec. 8. Vacancies...................................    11
        2 U.S.C. Sec. 21. Oath of Senators...........................    12
        2 U.S.C. Sec. 22. Oath of President of Senate................    12
        2 U.S.C. Sec. 23. Presiding Officer of Senate May Administer
          Oaths......................................................    12
        2 U.S.C. Sec. 24. Secretary of Senate or Assistant Secretary
          May Administer Oaths.......................................    12
        2 U.S.C. Sec. 33. Senators' Salaries.........................    12
        2 U.S.C. Sec. 36. Salaries of Senators.......................    12
        2 U.S.C. Sec. 39. Deductions for Absence.....................    13
        2 U.S.C. Sec. 40. Deductions for Withdrawal..................    13
        2 U.S.C. Sec. 40a. Deductions for Delinquent Indebtedness....    13
        2 U.S.C. Sec. 43d. Organizational Expenses of Senator-elect..    14
        2 U.S.C. Sec. 46a-1. Senate Revolving Fund for Stationery
          Allowances, Availability of Unexpended Balances,
          Withdrawals................................................    15
    C. Campaign Financing, Reporting and Disclosure (Title 2, U.S.
      Code)..........................................................    16
        2 U.S.C. Sec. 431. Definitions...............................    16
        2 U.S.C. Sec. 432. Organization of Political Committees......    24
        2 U.S.C. Sec. 433. Registration of Political Committees......    27
        2 U.S.C. Sec. 434. Reporting Requirements....................    28
        2 U.S.C. Sec. 437. Reports on Convention Financing...........    42
        2 U.S.C. Sec. 437c. Federal Election Commission..............    42
        2 U.S.C. Sec. 437d. Powers of the Commission.................    45
        2 U.S.C. Sec. 437f. Advisory Opinions........................    46
        2 U.S.C. Sec. 437g. Enforcement..............................    47
        2 U.S.C. Sec. 437h. Judicial Review..........................    52
        2 U.S.C. Sec. 438. Administrative Provisions.................    52
        2 U.S.C. Sec. 438a. Maintenance Website of Election Reports..    55
        2 U.S.C. Sec. 439. Statements Filed With State Officers......    55
        2 U.S.C. Sec. 439a. Use of Contributed Amounts for Certain
          Purposes...................................................    56
        2 U.S.C. Sec. 439c. Authorization of Appropriations..........    57
        2 U.S.C. Sec. 441a. Limitations on Contributions and
          Expenditures...............................................    57
        2 U.S.C. Sec. 441a-1. Modification of Certain Limits for
          House Candidates in Response to Personal Fund Expenditures
          of Opponents...............................................    65
        2 U.S.C. Sec. 441b. Contributions or Expenditures by National
          Banks, Corporations, or Labor Organizations................    68
        2 U.S.C. Sec. 441c. Contributions by Government Contractors..    72
        2 U.S.C. Sec. 441d. Publication and Distribution of
          Statements and Solicitations...............................    73
        2 U.S.C. Sec. 441e. Contributions by Foreign Nationals.......    74
        2 U.S.C. Sec. 441f. Prohibition on Contributions in Name of
          Another....................................................    75
        2 U.S.C. Sec. 441g. Limitation on Contribution of Currency...    75
        2 U.S.C. Sec. 441h. Fraudulent Misrepresentation of Campaign
          Authority..................................................    75
        2 U.S.C. Sec. 441i. Soft Money of Political Parties..........    75
        2 U.S.C. Sec. 441k. Prohibition of Contributions by Minors...    79
        2 U.S.C. Sec. 442. Authority to Procure Technical Support and
          Other Services and Incur Travel Expenses, Payment of Such
          Expenses...................................................    79
        2 U.S.C. Sec. 451. Extension of Credit by Regulated
          Industries; Regulations....................................    80
        2 U.S.C. Sec. 452. Prohibition Against Use of Certain Federal
          Funds for Election Activities..............................    80
        2 U.S.C. Sec. 453. State Laws Affected.......................    80
        2 U.S.C. Sec. 454. Partial Invalidity........................    80
        2 U.S.C. Sec. 455. Period of Limitations.....................    80
    D. Financial Disclosure Requirements of Federal Personnel (Title
      5, U.S. Code)..................................................    82
        5 U.S.C. App. Sec. 101. Persons Required to File.............    82
        5 U.S.C. App. Sec. 102. Contents of Reports..................    85
        5 U.S.C. App. Sec. 103. Filing of Reports....................    95
        5 U.S.C. App. Sec. 104. Failure to File or Filing False
          Reports....................................................    97
        5 U.S.C. App. Sec. 105. Custody of and Public Access to
          Reports....................................................    98
        5 U.S.C. App. Sec. 106. Review of Reports....................   101
        5 U.S.C. App. Sec. 107. Confidential Reports and other
          Additional Requirements....................................   102
        5 U.S.C. App. Sec. 108. Authority of Comptroller General.....   103
        5 U.S.C. App. Sec. 109. Definitions..........................   103
        5 U.S.C. App. Sec. 110. Notice of Actions Taken to Comply
          with Ethics Agreements.....................................   107
        5 U.S.C. App. Sec. 111. Administration of Provisions.........   107
    E. Political Activities: Federal Employees (Title 5, U.S. Code)..   109
        5 U.S.C. Sec. 7321. Political Participation..................   109
        5 U.S.C. Sec. 7322. Definitions..............................   109
        5 U.S.C. Sec. 7323. Political Activity Authorized;
          Prohibitions...............................................   110
        5 U.S.C. Sec. 7324. Political Activities on Duty; Prohibition   111
        5 U.S.C. Sec. 7325. Political Activity Permitted; Employees
          Residing in Certain Municipalities.........................   112
        5 U.S.C. Sec. 7326. Penalties................................   112
        5 U.S.C. Sec. 7351. Gifts to Superiors.......................   112
        5 U.S.C. Sec. 7353. Gifts to Federal Employees...............   113
    F. Political Activities: State and Local Employees (Title 5, U.S.
      Code)..........................................................   115
        5 U.S.C. Sec. 1501. Definitions..............................   115
        5 U.S.C. Sec. 1502. Influencing Elections; Taking Part in
          Political Campaigns; Prohibitions; Exceptions..............   115
        5 U.S.C. Sec. 1503. Nonpartisan Candidacies Permitted........   116
        5 U.S.C. Sec. 1504. Investigations; Notice of Hearing........   116
        5 U.S.C. Sec. 1505. Hearings; Adjudications; Notice of
          Determinations.............................................   116
        5 U.S.C. Sec. 1506. Orders; Withholding Loans or Grants;
          Limitations................................................   117
        5 U.S.C. Sec. 1507. Subpenas and Depositions.................   117
        5 U.S.C. Sec. 1508. Judicial Review..........................   118
    G. Limitations on Outside Employment and Elimination of Honoraria
      (Title 5, U.S. Code)...........................................   120
        5 U.S.C. App. Sec. 501. Outside Earned Income Limitation.....   120
        5 U.S.C. App. Sec. 502. Limitations on Outside Employment....   121
        5 U.S.C. App. Sec. 503. Administration.......................   122
        5 U.S.C. App. Sec. 504. Civil Penalties......................   122
        5 U.S.C. App. Sec. 505. Definitions..........................   122
    H. Criminal Code Provisions (Title 18, U.S. Code)................   124
        18 U.S.C. Sec. 203. Compensation to Members of Congress,
          Officers, and Others in Matters Affecting the Government...   124
        18 U.S.C. Sec. 210. Offer to Procure Appointive Public Office   125
        18 U.S.C. Sec. 211. Acceptance or Solicitation to Obtain
          Appointive Public Office...................................   126
        18 U.S.C. Sec. 592. Troops at Polls..........................   126
        18 U.S.C. Sec. 593. Interference by Armed Forces.............   126
        18 U.S.C. Sec. 594. Intimidation of Voters...................   127
        18 U.S.C. Sec. 595. Interference by Administrative Employees.   127
        18 U.S.C. Sec. 596. Polling Armed Forces.....................   128
        18 U.S.C. Sec. 597. Expenditures to Influence Voting.........   128
        18 U.S.C. Sec. 598. Coercion by Appropriations...............   128
        18 U.S.C. Sec. 599. Promise of Appointment by Candidate......   129
        18 U.S.C. Sec. 600. Promise of Employment or Other Benefit...   129
        18 U.S.C. Sec. 601. Deprivation of Employment or Other
          Benefit....................................................   129
        18 U.S.C. Sec. 602. Solicitation of Political Contributions..   130
        18 U.S.C. Sec. 603. Making Political Contributions...........   131
        18 U.S.C. Sec. 604. Solicitation From Persons on Relief......   131
        18 U.S.C. Sec. 605. Disclosure of Names of Persons on Relief.   131
        18 U.S.C. Sec. 606. Intimidation to Secure Political
          Contributions..............................................   132
        18 U.S.C. Sec. 607. Place of Solicitation....................   132
        18 U.S.C. Sec. 608. Absent Uniformed Services Voters and
          Overseas Voters............................................   132
        18 U.S.C. Sec. 609. Use of Military Authority to Influence
          Vote of Member of Armed Forces.............................   132
        18 U.S.C. Sec. 610. Coercion of Political Activity...........   133
    I. Use of Franked Mail (Title 39, U.S. Code).....................   134
        39 U.S.C. Sec. 3201. Definitions.............................   134
        39 U.S.C. Sec. 3210. Franked Mail Transmitted by the Vice
          President, Members of Congress, and Congressional Officials   134
        39 U.S.C. Sec. 3211. Public Documents........................   139
        39 U.S.C. Sec. 3212. Congressional Record Under Frank of
          Members of Congress........................................   140
        39 U.S.C. Sec. 3213. Seeds and Reports From Department of
          Agriculture................................................   140
        39 U.S.C. Sec. 3215. Lending or Permitting Use of Frank
          Unlawful...................................................   140
        39 U.S.C. Sec. 3216. Reimbursement for Franked Mailings......   140
        39 U.S.C. Sec. 3218. Franked Mail for Survivors of Members of
          Congress...................................................   142
        39 U.S.C. Sec. 3219. Mailgrams...............................   142
        2 U.S.C. Sec. 502. Select Committee on Ethics of the Senate..   142
        Regulations Governing Franked Mail (Senate Committee on Rules
          and Administration)........................................   144
    J. Communications Media (Title 47, U.S. Code)....................   157
        47 U.S.C. Sec. 312. Administrative Sanctions.................   157
        47 U.S.C. Sec. 315. Candidates for Public Office.............   157

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

     A. Rule II, Presentation of Credentials and Questions of Privilege.163
     B. Rule III, Oaths.................................................164
     C. Rule XXXIV, Public Financial Disclosure.........................165
     D. Rule XXXV, Gifts................................................166
     E. Rule XXXVI, Outside Earned Income...............................172
     F. Rule XXXVII, Conflict of Interest...............................172
     G. Rule XXXVIII, Prohibition of Unofficial Office Accounts.........175
     H. Rule XXXIX, Foreign Travel......................................176
     I. Rule XL, Franking Privilege and Radio and Television Studios....177
     J. Rule XLI, Political Fund Activity; Definitions..................178
     K. Rule XLIII, Representation by Members...........................180
     L. Standing Order of the Senate, Section 103, Tape Duplication of
        Senate Proceedings..............................................180

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

    Alabama..........................................................   183
    Alaska...........................................................   184
    Arizona..........................................................   185
    Arkansas.........................................................   187
    California.......................................................   189
    Colorado.........................................................   191
    Connecticut......................................................   192
    Delaware.........................................................   194
    Florida..........................................................   195
    Georgia..........................................................   196
    Hawaii...........................................................   199
    Idaho............................................................   200
    Illinois.........................................................   201
    Indiana..........................................................   202
    Iowa.............................................................   203
    Kansas...........................................................   204
    Kentucky.........................................................   206
    Louisiana........................................................   207
    Maine............................................................   210
    Maryland.........................................................   211
    Massachusetts....................................................   212
    Michigan.........................................................   214
    Minnesota........................................................   215
    Mississippi......................................................   216
    Missouri.........................................................   217
    Montana..........................................................   219
    Nebraska.........................................................   220
    Nevada...........................................................   222
    New Hampshire....................................................   223
    New Jersey.......................................................   224
    New Mexico.......................................................   225
    New York.........................................................   227
    North Carolina...................................................   228
    North Dakota.....................................................   229
    Ohio.............................................................   231
    Oklahoma.........................................................   232
    Oregon...........................................................   233
    Pennsylvania.....................................................   235
    Rhode Island.....................................................   236
    South Carolina...................................................   237
    South Dakota.....................................................   239
    Tennessee........................................................   240
    Texas............................................................   241
    Utah.............................................................   242
    Vermont..........................................................   243
    Virginia.........................................................   245
    Washington.......................................................   246
    West Virginia....................................................   248
    Wisconsin........................................................   249
    Wyoming..........................................................   250

         PART IV. CAMPAIGN ACTIVITIES BY CONGRESSIONAL EMPLOYEES

    A. General Campaign Activities...................................   255
        1. Campaigning and Official Duties...........................   256
        2. False Claims, Fraud and Theft: Federal Criminal Law.......   263
        3. Running for Elective Office...............................   267
    B. Campaign Funds and Finances...................................   269
        1. Political Contributions...................................   269
        2. Fundraising Dinners and Testimonials......................   273
        3. Campaign Fund Activity by Senate Employees................   274
        4. Campaign Activity in a Federal Building...................   276
    C. Quick Reference List of Specific Campaign Prohibitions........   279
        1. General...................................................   279
        2. Soliciting or Receiving Campaign Contributions............   279
        3. Making Political Contributions............................   280

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

     A. Introduction and Background.....................................283
     B. State Residence Requirements....................................285
     C. Definition of Inhabitancy.......................................286
     D. Holding Public Office and Eligibility for Congressional Office..287
     E. Subversive Activities and Eligibility for Congress..............289
     F. Felony Conviction and Eligibility for Congress..................290
     G. Eligibility of Congressional Candidates After Defeat in Primary
        Election........................................................290
     H. State Requirements for Obtaining Ballot Access..................291
     I. Recall of Members of Congress...................................293
     J. Issue of Term Limitations of Members of Congress................295

    PART VI. DISQUALIFICATION, DEATH, OR INELIGIBILITY OF THE WINNER
                       OF A CONGRESSIONAL ELECTION

     A. Introduction and Background.....................................299
     B. Issues Raised Concerning Deceased Candidate on Ballot...........301
     C. State Authority Over Election Procedures, Administration........302
     D. Senate and House Decisions on ``Qualifications''................306
     E. Judging Elections in Congress and the ``American Rule''.........308
     F. Seventeenth Amendment...........................................312
                           KEY ELECTION DATES IN 2006

                   A. General Election Date: November 7, 2006

          B. Congressional Primary Dates Chronologically *

    ------------------------------------------------------------------------
                        State            Primary date         Runoff date
    ------------------------------------------------------------------------
       Texas                        Mar. 7              Apr. 11
       Illinois                     Mar. 21             ..................
       Ohio                         May 2               ..................
       Indiana                      May 2               ..................
       North Carolina               May 2               May 30
       Nebraska                     May 9               ..................
       West Virginia                May 9               ..................
       Kentucky                     May 16              ..................
       Oregon                       May 16              ..................
       Pennsylvania                 May 16              ..................
       Idaho                        May 23              ..................
       Arkansas                     May 23              June 13
       California                   June 6              ..................
       Iowa                         June 6              ..................
       Mississippi                  June 6              June 27
       Montana                      June 6              ..................
       New Jersey                   June 6              ..................
       New Mexico                   June 6              ..................
       South Dakota                 June 6              June 20
       Alabama                      June 6              June 27
       Maine                        June 13             ..................
       North Dakota                 June 13             ..................
       Virginia                     June 13             ..................
       South Carolina               June 13             June 27
       Utah                         June 27             ..................
       Georgia                      July 18             Aug. 8
       Oklahoma                     July 25             Aug. 22
       Kansas                       Aug. 1              ..................
       Tennessee                    Aug. 3              ..................
       Colorado                     Aug. 8              ..................
       Michigan                     Aug. 8              ..................
       Connecticut                  Aug. 8              ..................
       Missouri                     Aug. 8              ..................
       Nevada                       Aug. 15             ..................
       Alaska                       Aug. 22             ..................
       Wyoming                      Aug. 22             ..................
       Guam                         Sept. 2             ..................
       Florida                      Sept. 5             ..................
       Virgin Islands               Sept. 9             Sept. 23
       Arizona                      Sept. 12            ..................
       Delaware                     Sept. 12            ..................
       D.C.                         Sept. 12            ..................
       Maryland                     Sept. 12            ..................
       Minnesota                    Sept. 12            ..................
       New Hampshire                Sept. 12            ..................
       New York                     Sept. 12            ..................
       Rhode Island                 Sept. 12            ..................
       Vermont                      Sept. 12            ..................
       Wisconsin                    Sept. 12            ..................
       Massachusetts                Sept. 19            ..................
       Washington                   Sept. 19            ..................
       Hawaii                       Sept. 23            ..................
       American Samoa               Nov. 7              Nov. 21
       Louisiana                    Nov. 7              Dec. 9
    ------------------------------------------------------------------------
       * Source: Federal Election Commission. S indicates a U.S. Senate
         election. Dates subject to change by the state legislatures.

                                                                       C. 2006 Congressional Primary Dates and Filing Deadlines *
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                     Filing deadline for primary       Independent \1\ filing deadline for general
                                 State                         Primary date                  Runoff date                    ballot access                                election
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
       Alabama                                       June 6                        June 27                      Apr. 7                             June 6
       Alaska                                        Aug. 22                       ...........................  June 1                             June 1
       American Samoa                                Nov. 7                        Nov. 21                      Sept. 1                            Sept. 1
       Arizona                                       Sept. 12                      ...........................  June 14                            June 14 Independent/Third
       Arkansas                                      May 23                        June 13                      Apr. 4 Noon                        May 1
       California                                    June 6                        ...........................  Mar. 10                            Aug. 11
       Colorado                                      Aug. 8                        ...........................  May 25                             June 20 3 pm
       Connecticut                                   Aug. 8 \2\                    ...........................  14th day after convention \2\      Aug. 9
       Delaware                                      Sept. 12                      ...........................  July 28 Noon                       Sept. 1
       D.C                                           Sept. 12                      ...........................  July 5                             Aug. 30
       Florida                                       Sept. 5                       ...........................  May 12                             Apr. 10
       Georgia                                       July 18                       Aug. 8                       Apr. 28                            July 11
       Guam                                          Sept. 2                       ...........................  July 5                             Sept. 1
       Hawaii                                        Sept. 23                      ...........................  July 25                            July 25
       Idaho                                         May 23                        ...........................  Mar. 17                            Mar. 17
       Illinois                                      Mar. 21                       ...........................  Dec. 19, 2005                      Dec. 19, 2005 Independent
                                                     ............................  ...........................  .................................  June 26, 2006 Third/Minor
       Indiana                                       May 2 \2\                     ...........................  Feb. 17 Noon                       July 17 Noon
       Iowa                                          June 6                        ...........................  Mar. 17                            Aug. 18
       Kansas                                        Aug. 1 \2\                    ...........................  June 12 Noon                       July 31 Noon Independent/June 12 Noon Third/
                                                                                                                                                    Minor
       Kentucky                                      May 16                        ...........................  Jan. 31 4 pm                       Aug. 8 4 pm
       Louisiana                                     Nov. 7                        Dec. 9                       Aug. 11                            Aug. 11
       Maine                                         June 13                       ...........................  Mar. 15                            June 1
       Maryland                                      Sept. 12                      ...........................  July 3                             Aug. 7
       Massachusetts                                 Sept. 19                      ...........................  June 6                             Aug. 29
       Michigan                                      Aug. 8 \2\                    ...........................  May 16 4 pm                        July 20 4 pm
       Minnesota                                     Sept. 12                      ...........................  July 18                            July 18
       Mississippi                                   June 6                        June 27                      Mar. 1                             Mar. 1
       Missouri                                      Aug. 8                        ...........................  Mar. 28                            July 31
       Montana                                       June 6                        ...........................  Mar. 23                            May 26
       Nebraska                                      May 9                         ...........................  Feb. 15 Incumbents                 Sept. 1 Independent
                                                     ............................  ...........................  Mar. 1 All Others                  ...............................................
       Nevada                                        Aug. 15                       ...........................  May 12                             Apr. 7
       New Hampshire                                 Sept. 12                      ...........................  June 16                            Sept. 6
       New Jersey                                    June 6                        ...........................  Apr. 10                            June 6
       New Mexico                                    June 6                        ...........................  Mar. 29                            June 7
       New York                                      Sept. 12                      ...........................  July 13                            Aug. 22
       North Carolina                                May 2                         May 30                       Feb. 28 Noon                       June 30 Noon Independent/June 1 Noon Third/
                                                                                                                                                    Minor
       North Dakota                                  June 13                       ...........................  Apr. 17                            Sept. 8
       Ohio                                          May 2                         ...........................  Feb. 16                            May 1 Independent
       Oklahoma                                      July 25                       Aug. 22                      June 7                             June 7 Independent
       Oregon                                        May 16                        ...........................  Mar. 7                             Aug. 29 Independent/Minor
       Pennsylvania                                  May 16                        ...........................  Mar. 7                             Aug. 1
       Puerto Rico                                   N/A \4\                       ...........................  .................................  ...............................................
       Rhode Island                                  Sept. 12                      ...........................  June 28                            June 28
       South Carolina                                June 13 \2\                   June 27                      Mar. 30 Noon                       July 17 Noon
       South Dakota                                  June 6                        June 20                      Apr. 4                             June 6 Independent
       Tennessee                                     Aug. 3                        ...........................  Apr. 6 Noon                        Apr. 6 Independent Noon
       Texas                                         Mar. 7 \2\                    Apr. 11                      Jan. 2                             May 11 Independent
                                                     ............................  ...........................  .................................  May 30 Third/Minor
       Utah                                          June 27 \2\                   ...........................  Mar. 17                            Mar. 17 Independent
       Vermont                                       Sept. 12                      ...........................  July 17                            Sept. 15
       Virginia                                      June 13 \2\                   ...........................  Apr. 14 5 pm                       June 13 7 pm
       Virgin Islands                                Sept. 9                       Sept. 23                     Aug. 21                            Aug. 14
       Washington                                    Sept. 19                      ...........................  July 28                            July 28
       West Virginia                                 May 9 \2\                     ...........................  Jan. 28                            Apr. 9
       Wisconsin                                     Sept. 12                      ...........................  July 11                            July 11
       Wyoming                                       Aug. 22                       ...........................  June 2                             Aug. 21 Third/Minor
                                                     ............................  ...........................  .................................  Aug. 28 Independent
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
       * Source: Federal Election Commission. S indicates a U.S. Senate election. Dates subject to change by the state legislatures.
       \1\ The column Independent Filing Deadline shows the date for the filing of petitions by independent or third/minor party candidates. This is a general reference date for use by the public
         and voters. Candidates and others seeking specific information should contact the states for other deadlines that may need to be met. For example, the petitions may have to be checked by
         officials prior to this date. A declaration of candidacy may be due before the petitions are due. New parties may have different deadlines.
       \2\ Nominating conventions are held by the state parties prior to the primary.
       \3\ Political parties may choose to nominate candidates by convention rather than by primary. Notification of adoption of a primary must be made to the State Board of Elections by March 15,
         2000.

                FEC REPORTING DATES FOR CONGRESSIONAL CANDIDATES

       PRE-ELECTION REPORTING DATES FOR 2006 PRIMARY AND RUNOFF ELECTIONS

    ----------------------------------------------------------------------------------------------------------------
                                                                                 Registered or
           State or territory            Election date    Close of books \1\   certified mailing    Filing date \2\
                                                                                   date \2\
    ----------------------------------------------------------------------------------------------------------------
    Alabama.........................  June 6              May 17              May 22              May 25.
        Runoff......................  June 27             June 7              June 12             June 15
    Alaska..........................  Aug. 22             Aug. 2              Aug. 7              Aug. 10.
    American Samoa..................  Nov. 7              Oct. 18             Oct. 23             Oct. 26.
        Runoff......................  Nov. 21             Nov. 1              Nov. 9 \3\          Nov. 9.
    * Arizona.......................  Sept. 12            Aug. 23             Aug. 28             Aug. 31
    Arkansas........................  May 23              May 3               May 8               May 11.
        Runoff......................  June 13             May 24              May 29 \4\          June 1.
    * California....................  June 6              May 17              May 22              May 25.
    Colorado........................  Aug. 8              July 19             July 24             July 27.
    * Connecticut...................  Aug. 8              July 19             July 24             July 27.
    * Delaware......................  Sept. 12            Aug. 23             Aug. 28             Aug. 31.
    District of Columbia............  Sept. 12            Aug. 23             Aug. 28             Aug. 31.
    * Florida.......................  Sept. 5             Aug. 16             Aug. 21             Aug. 24.
    Georgia.........................  July 18             June 28             July 3              July 6.\6\
        Runoff......................  Aug. 8              July 19             July 24             July 27.
    Guam............................  Sept. 2             Aug. 13             Aug. 18             Aug. 21.
    * Hawaii........................  Sept. 23            Sept. 3             Sept. 8             Sept. 11.
    Idaho...........................  May 23              May 3               May 8               May 11.
    Illinois........................  Mar. 21             Mar. 1              Mar. 6              Mar. 9.
    * Indiana.......................  May 2               Apr. 12             Apr. 17             Apr. 20.
    Iowa............................  June 6              May 17              May 22              May 25.
    Kansas..........................  Aug. 1              July 12             July 17             July 20.
    Kentucky........................  May 16              Apr. 26             May 1               May 4.
    Louisiana.......................  Nov. 7              July 22             July 27             July 30.
        Runoff......................  Dec. 9              Nov. 19             Nov. 24             Nov. 27.
    * Maine.........................  June 13             May 24              May 29 \4\          June 1.
    * Maryland......................  Sept. 12            Aug. 23             Aug. 28             Aug. 31.
    * Massachusetts.................  Sept. 19            Aug. 30             Sept. 4 \4\         Sept. 7.
    * Michigan......................  Aug. 8              July 19             July 24             July 27.
    * Minnesota.....................  Sept. 12            Aug. 23             Aug. 28             Aug. 31.
    * Mississippi...................  June 6              May 17              May 22              May 25.
        Runoff......................  June 27             June 7              June 12             June 15.
    * Missouri......................  Aug. 8              July 19             July 24             July 27.
    * Montana.......................  June 6              May 17              May 22              May 25.
    * Nebraska......................  May 9               Apr. 19             Apr. 24             Apr. 27.
    * Nevada........................  Aug. 15             July 26             July 31             Aug. 3.
    New Hampshire...................  Sept. 12            Aug. 23             Aug. 28             Aug. 31.
    * New Jersey....................  June 6              May 17              May 22              May 25.
    * New Mexico....................  June 6              May 17              May 22              May 25.
    * New York......................  Sept. 12            Aug. 23             Aug. 28             Aug. 31.
    North Carolina..................  May 2               Apr. 12             Apr. 17             Apr. 20.
        Runoff......................  May 30              May 10              May 15              May 18.
    * North Dakota..................  June 13             May 24              May 29 \4\          June 1.
    * Ohio..........................  May 2               Apr. 12             Apr. 17             Apr. 20.
    Oklahoma........................  July 25             July 5              July 10             July 13.
        Runoff......................  Aug. 22             Aug. 2              Aug. 7              Aug. 10.
    Oregon..........................  May 16              Apr. 26             May 1               May 4.
    * Pennsylvania..................  May 16              Apr. 26             May 1               May 4.
    * Rhode Island..................  Sept. 12            Aug. 23             Aug. 28             Aug. 31.
    South Carolina..................  June 13             May 24              May 29 \4\          June 1.
        Runoff......................  June 27             June 7              June 15 \3\         June 15.
    South Dakota....................  June 6              May 17              May 22              May 25.
        Runoff......................  June 20             May 31              June 8 \3\          June 8.
    * Tennessee.....................  Aug. 3              July 14             July 19             July 22.\5\
    * Texas.........................  Mar. 7              Feb. 15             Feb. 20             Feb 23.
        Runoff......................  Apr. 11             Mar. 22             Mar. 27             Mar. 30.
    * Utah..........................  June 27             June 7              June 12             June 15.
    * Vermont.......................  Sept. 12            Aug. 23             Aug. 28             Aug. 31.
    * Virginia......................  June 13             May 24              May 29 \4\          June 1.
    Virgin Islands..................  Sept. 9             Aug. 20             Aug. 25             Aug. 28.
        Runoff......................  Sept. 23            Sept. 3             Sept. 11            Sept. 11.
    * Washington....................  Sept. 19            Aug. 30             Sept. 4 \4\         Sept. 7.
    * West Virginia.................  May 9               Apr. 19             Apr. 24             Apr. 27.
    * Wisconsin.....................  Sept. 12            Aug. 23             Aug. 28             Aug. 31.
    * Wyoming.......................  Aug. 22             Aug. 2              Aug. 7              Aug. 10.
    ----------------------------------------------------------------------------------------------------------------
    * States holding 2006 Senate elections.
    \1\ This date indicates the end of the reporting period. A reporting period always begins the day after the
      closing date of the last report filed. If the committee is new and has not previously filed a report, the
      first report must cover all activity that occurred before the committee registered and, if applicable, before
      the individual became a candidate.
    \2\ Reports sent by registered or certified mail must be postmarked by the mailing date. Otherwise, they must be
      received by the filing date.
    \3\ The mailing date is the same as the filing date because the computed mail date would fall one day before the
      primary was held.
    \4\ Federal holiday. For registered/certified mailing date, the report should be postmarked before that date.
      For filing date, the report should be received by the FEC the day before (or, in the case of Labor Day and
      Memorial Day, the Friday before).
    \5\ Saturday or Sunday. Because filing dates are not extended when they fall on nonworking days, the report
      should be received by the appropriate filing offices the Friday before.
    \6\ The July Quarterly report is waived for committees filing the Georgia pre-primary report. See 11 CFR
      104.5(a)(1)(iii)(C) and (c)(1)(i)(C).

                            The United States Senate

                           One Hundred Ninth Congress

                         RICHARD CHENEY, Vice President

                       TED STEVENS, President Pro Tempore

                          EMILY J. REYNOLDS, Secretary

                      WILLIAM H. PICKLE, Sergeant at Arms

                 DAVID J. SCHIAPPA, Secretary for the Majority

                  MARTIN P. PAONE, Secretary for the Minority

                   REAR ADM. BARRY C. BLACK (Ret.), Chaplain

                                       [Republicans in roman; Democrats in italic]
    ----------------------------------------------------------------------------------------------------------------
                  Name                            Residence                   Service from           Term expires
    ----------------------------------------------------------------------------------------------------------------
    Daniel K. Akaka.................  Honolulu, HI....................  May 16, 1990             Jan. 3, 2007
    Lamar Alexander.................  Nashville, TN...................  Jan. 7, 2003             Jan. 3, 2009
     Wayne Allard...................  Loveland, CO....................  Jan. 3, 1997             Jan. 3, 2009
    George Allen....................  Chesterfield Co., VA............  Jan. 3, 2001             Jan. 3, 2007
    Max Baucus......................  Missoula, MT....................  Dec. 15, 1978            Jan. 3, 2009
    Evan Bayh.......................  Indianapolis, IN................  Jan. 6, 1999             Jan. 3, 2011
    Robert F. Bennett...............  Salt Lake City, UT..............  Jan. 5, 1993             Jan. 3, 2011
    Joseph R. Biden, Jr.............  Hockessin, DE...................  Jan. 3, 1973             Jan. 3, 2009
    Jeff Bingaman...................  Santa Fe, NM....................  Jan. 3, 1983             Jan. 3, 2007
    Christopher S. Bond.............  Mexico, MO......................  Jan. 6, 1987             Jan. 3, 2011
    Barbara Boxer...................  Greenbrae, CA...................  Jan. 5, 1993             Jan. 3, 2011
    Sam Brownback...................  Topeka, KS......................  Nov. 7, 1996             Jan. 3, 2011
    Jim Bunning.....................  Southgate, KY...................  Jan. 6, 1999             Jan. 3, 2011
    Conrad R. Burns.................  Billings, MT....................  Jan. 3, 1989             Jan. 3, 2007
    Richard Burr....................  Winston-Salem, NC...............  Jan. 4, 2005             Jan. 3, 2011
    Robert C. Byrd..................  Sophia, WV......................  Jan. 3, 1959             Jan. 3, 2007
    Maria Cantwell..................  Edmonds, WA.....................  Jan. 3, 2001             Jan. 3, 2007
    Thomas R. Carper................  Wilmington, DE..................  Jan. 3, 2001             Jan. 3, 2007
    Lincoln Chafee..................  Warwick, RI.....................  Nov. 2, 1999             Jan. 3, 2007
    Saxby Chambliss.................   Moultrie, GA...................  Jan. 7, 2003             Jan. 3, 2009
    Hillary Rodham Clinton..........  Chappaqua, NY...................  Jan. 3, 2001             Jan. 3, 2007
    Tom Coburn......................  Muskogee, OK....................  Jan. 4, 2005              Jan. 3, 2011
    Thad Cochran....................  Jackson, MS.....................  Dec. 27, 1978            Jan. 3, 2009
    Norm Coleman....................  St. Paul, MN....................  Jan. 7, 2003             Jan. 3, 2009
    Susan M. Collins................  Bangor, ME......................  Jan. 7, 1997             Jan. 3, 2009
    Kent Conrad.....................  Bismarck, ND....................  Jan. 6, 1987             Jan. 3, 2007
    John Cornyn.....................  San Antonio, TX.................  Dec. 2, 2002             Jan. 3, 2009
    Larry E. Craig..................  Boise, ID.......................  Jan. 3, 1991             Jan. 3, 2009
    Michael D. Crapo................  Idaho Falls, ID.................  Jan. 6, 1999             Jan. 3, 2011
    Mark Dayton.....................  Minneapolis, MN.................  Jan. 3, 2001             Jan. 3, 2007
    Jim DeMint......................  Greenville, SC..................  Jan. 4, 2005             Jan. 3, 2011
    Mike DeWine.....................  Cedarville, OH..................  Jan. 4, 1995             Jan. 3, 2007
    Christopher J. Dodd.............  Norwich, CT.....................  Jan. 5, 1981             Jan. 3, 2011
    Elizabeth Dole..................  Salisbury, NC...................  Jan. 7, 2003             Jan. 3, 2009
    Pete V. Domenici................  Albuquerque, NM.................  Jan. 3, 1973             Jan. 3, 2009
    Byron L. Dorgan.................  Bismarck, ND....................  Dec. 14, 1992            Jan. 3, 2011
    Richard Durbin..................  Springfield, IL.................  Jan. 3, 1997             Jan. 3, 2009
    John Ensign.....................  Las Vegas, NV...................  Jan. 3, 2001             Jan. 3, 2007
    Michael B. Enzi.................  Gillette, WY....................  Jan. 3, 1997             Jan. 3, 2009
    Russell D. Feingold.............  Middleton, WI...................  Jan. 5, 1993             Jan. 3, 2011
    Dianne Feinstein................  San Francisco, CA...............  Nov. 10, 1992            Jan. 3, 2007
    William H. Frist................  Nashville, TN...................  Jan. 4, 1995             Jan. 3, 2007
    Lindsey Graham..................  Seneca, SC......................  Jan. 7, 2003             Jan. 3, 2009
    Chuck Grassley..................  New Hartford, IA................  Jan. 5, 1981             Jan. 3, 2011
    Judd Gregg......................  Greenfield, NH..................  Jan. 5, 1993             Jan. 3, 2011
    Chuck Hagel.....................  Omaha, NE.......................  Jan. 3, 1997             Jan. 3, 2009
    Tom Harkin......................  Cumming, IA.....................  Jan. 3, 1985             Jan. 3, 2009
    Orrin G. Hatch..................  Salt Lake City, UT..............  Dec. 30, 1976            Jan. 3, 2007
    Kay Bailey Hutchison............  Dallas, TX......................  June 5, 1993             Jan. 3, 2007
    James M. Inhofe.................  Tulsa, OK.......................  Nov. 16, 1994            Jan. 3, 2009
    Daniel K. Inouye................  Honolulu, HI....................  Jan. 3, 1963             Jan. 3, 2011
    Johnny Isakson..................  Marietta, GA....................  Jan. 4, 2005             Jan. 3, 2011
    James M. Jeffords...............  Shrewsbury, VT..................  Jan. 3, 1989             Jan. 3, 2007
    Tim Johnson.....................  Vermillion, SD..................  Jan. 3, 1997             Jan. 3, 2009
    Edward M. Kennedy...............  Boston, MA......................  Nov. 7, 1962             Jan. 3, 2007
    John F. Kerry...................  Boston, MA......................  Jan. 2, 1985             Jan. 3, 2009
    Herb Kohl.......................  Milwaukee, WI...................  Jan. 3, 1989             Jan. 3, 2007
    Jon Kyl.........................  Phoenix, AZ.....................  Jan. 4, 1995             Jan. 3, 2007
    Mary L. Landrieu................  Baton Rouge, LA.................  Jan. 3, 1997             Jan. 3, 2009
    Frank R. Lautenberg.............  Cliffside Park, NJ..............  Jan. 7, 2003             Jan. 3, 2009
    Patrick J. Leahy................  Burlington, VT..................  Jan. 3, 1975             Jan. 3, 2011
    Carl Levin......................  Detroit, MI.....................  Jan. 3, 1979             Jan. 3, 2009
    Joseph I. Lieberman.............  New Haven, CT...................  Jan. 3, 1989             Jan. 3, 2007
    Blanche L. Lincoln..............  Hughes, AR......................  Jan. 6, 1999             Jan. 3, 2011
    Trent Lott......................  Pascagoula, MS..................  Jan. 3, 1989             Jan. 3, 2007
    Richard G. Lugar................  Indianapolis, IN................  Jan. 7, 1977             Jan. 3, 2007
    John McCain.....................  Phoenix, AZ.....................  Jan. 6, 1987             Jan. 3, 2011
    Mitch McConnell.................  Louisville, KY..................  Jan. 3, 1985             Jan. 3, 2009
    Mel Martinez....................  Orlando, FL.....................  Jan. 3, 2005             Jan. 3, 2011
    Robert Menendez.................  Hoboken, NJ.....................  Jan. 18, 2006            Jan. 3, 2007
    Barbara A. Mikulski.............  Baltimore, MD...................  Jan. 6, 1987             Jan. 3, 2011
    Lisa Murkowski..................  Anchorage, AK...................  Dec. 20, 2002            Jan. 3, 2011
    Patty Murray....................  Seattle, WA.....................  Jan. 5, 1993             Jan. 3, 2011
    Bill Nelson.....................  Tallahassee, FL.................  Jan. 3, 2001             Jan. 3, 2007
    E. Benjamin Nelson..............  Omaha, NE.......................  Jan. 3, 2001             Jan. 3, 2007
    Barack Obama....................  Chicago, IL.....................  Jan. 4, 2005             Jan. 3. 2011
    Mark L. Pryor...................  Little Rock, AR.................  Jan. 7, 2003             Jan. 3, 2009
    Jack Reed.......................  Cranston, RI....................  Jan. 3, 1997             Jan. 3, 2009
    Harry Reid......................  Las Vegas, NV...................  Jan. 6, 1987             Jan. 3, 2011
    Pat Roberts.....................  Dodge City, KS..................  Jan. 3, 1997             Jan. 3, 2009
    John D. Rockefeller IV..........  Charleston, WV..................  Jan. 15, 1985            Jan. 3, 2009
    Ken Salazar.....................  Denver, CO......................  Jan. 4, 2005             Jan. 3, 2011
    Rick Santorum...................  Pittsburgh, PA..................  Jan. 4, 1995             Jan. 3, 2007
    Paul S. Sarbanes................  Baltimore, MD...................  Jan. 3, 1977             Jan. 3, 2007
    Charles E. Schumer..............  Brooklyn, NY....................  Jan. 6, 1999             Jan. 3, 2011
    Jeff Sessions...................  Mobile, AL......................  Jan. 3, 1997             Jan. 3, 2009
    Richard C. Shelby...............  Tuscaloosa, AL..................  Jan. 6, 1987             Jan. 3, 2011
    Gordon H. Smith.................  Pendleton, OR...................  Jan. 3, 1997             Jan. 3, 2009
    Olympia J. Snowe................  Auburn, ME......................  Jan. 4, 1995             Jan. 3, 2007
    Arlen Specter...................  Philadelphia, PA................  Jan. 3, 1981             Jan. 3, 2011
    Debbie Stabenow.................  Lansing, MI.....................  Jan. 3, 2001             Jan. 3, 2007
    Ted Stevens.....................  Anchorage, AK...................  Dec. 24, 1968            Jan. 3, 2009
    John E. Sununu..................  Bedford, NH.....................  Jan. 7, 2003             Jan. 3, 2009
    James Talent....................  Chesterfield, MO................  Nov. 6, 2002             Jan. 3, 2007
    Craig Thomas....................  Casper, WY......................  Jan. 4, 1995             Jan. 3, 2007
    John Thune......................  Pierre, SD......................  Jan. 4, 2005             Jan. 3, 2011
    David Vitter....................  Metairie, LA....................  Jan. 4, 2005             Jan. 3, 2011
    George V. Voinovich.............  Cleveland, OH...................  Jan. 6, 1999             Jan. 3, 2011
    John W. Warner..................  Middleburg, VA..................  Jan. 2, 1979             Jan. 3, 2009
    Ron Wyden.......................  Portland, OR....................  Feb. 6, 1996             Jan. 3, 2011
    ----------------------------------------------------------------------------------------------------------------

                   SENATORS IN THE ONE HUNDRED NINTH CONGRESS

                                      2007

                                      class 1

    Democrats (17):
        Akaka, Daniel...........................................Honolulu, HI
        Bingaman, Jeff..........................................Santa Fe, NM
        Byrd, Robert C............................................Sophia, WV
        Cantwell, Maria..........................................Edmonds, WA
        Carper, Thomas........................................Wilmington, DE
        Clinton, Hillary.......................................Chappaqua, NY
        Conrad, Kent............................................Bismarck, ND
        Dayton, Mark.........................................Minneapolis, MN
        Feinstein, Dianne..................................San Francisco, CA
        Kennedy, Edward...........................................Boston, MA
        Kohl, Herb.............................................Milwaukee, WI
        Lieberman, Joseph......................................New Haven, CT
        Menendez, Robert.........................................Hoboken, NJ
        Nelson, Ben................................................Omaha, NE
        Nelson, Bill.........................................Tallahassee, FL
        Sarbanes, Paul.........................................Baltimore, MD
        Stabenow, Debbie.........................................Lansing, MI
    Independents (1):
        Jeffords, James.......................................Shrewsbury, VT
    Republicans (15):
        Allen, George................................Chesterfield County, VA
        Burns, Conrad...........................................Billings, MT
        Chafee, Lincoln..........................................Warwick, RI
        DeWine, Mike..........................................Cedarville, OH
        Ensign, John...........................................Las Vegas, NV
        Frist, Bill............................................Nashville, TN
        Hatch, Orrin......................................Salt Lake City, UT
        Hutchison, Kay............................................Dallas, TX
        Kyl, Jon.................................................Phoenix, AZ
        Lott, Trent...........................................Pascagoula, MS
        Lugar, Richard......................................Indianapolis, IN
        Santorum, Rick........................................Pittsburgh, PA
        Snowe, Olympia............................................Auburn, ME
        Talent, James.......................................Chesterfield, MO
        Thomas, Craig.............................................Casper, WY

                                      2009

                                      class 2

    Democrats (12):
        Baucus, Max.............................................Missoula, MT
        Biden, Joseph..........................................Hockessin, DE
        Durbin, Richard......................................Springfield, IL
        Harkin, Tom..............................................Cumming, IA
        Johnson, Tim..........................................Vermillion, SD
        Kerry, John...............................................Boston, MA
        Landrieu, Mary.......................................Baton Rouge, LA
        Lautenberg, Frank.................................Cliffside Park, NJ
        Levin, Carl..............................................Detroit, MI
        Pryor, Mark..........................................Little Rock, AR
        Reed, Jack..............................................Cranston, RI
        Rockefeller, John.....................................Charleston, WV
    Republicans (21):
        Alexander, Lamar.......................................Nashville, TN
        Allard, Wayne...........................................Loveland, CO
        Chambliss, Saxby........................................Moultrie, GA
        Cochran, Thad............................................Jackson, MS
        Coleman, Norm...........................................St. Paul, MN
        Collins, Susan............................................Bangor, ME
        Cornyn, John.........................................San Antonio, TX
        Craig, Larry...............................................Boise, ID
        Dole, Elizabeth........................................Salisbury, NC
        Domenici, Pete.......................................Albuquerque, NM
        Enzi, Michael...........................................Gillette, WY
        Graham, Lindsey...........................................Seneca, SC
        Hagel, Chuck...............................................Omaha, NE
        Inhofe, James..............................................Tulsa, OK
        McConnell, Mitch......................................Louisville, KY
        Roberts, Pat..........................................Dodge City, KS
        Sessions, Jeff............................................Mobile, AL
        Smith, Gordon..........................................Pendleton, OR
        Stevens, Ted...........................................Anchorage, AK
        Sununu, John.............................................Bedford, NH
        Warner, John..........................................Middleburg, VA

                                      2011

                                      class 3

    Democrats (15):
        Bayh, Evan..........................................Indianapolis, IN
        Boxer, Barbara.........................................Greenbrae, CA
        Dodd, Christopher........................................Norwich, CT
        Dorgan, Byron...........................................Bismarck, ND
        Feingold, Russell......................................Middleton, WI
        Inouye, Daniel..........................................Honolulu, HI
        Leahy, Patrick........................................Burlington, VT
        Lincoln, Blanche..........................................Hughes, AR
        Mikulski, Barbara......................................Baltimore, MD
        Murray, Patty............................................Seattle, WA
        Obama, Barack............................................Chicago, IL
        Reid, Harry............................................Las Vegas, NV
        Salazar, Ken..............................................Denver, CO
        Schumer, Charles........................................Brooklyn, NY
        Wyden, Ron..............................................Portland, OR
    Republicans (19):
        Bennett, Robert...................................Salt Lake City, UT
        Bond, Christopher.........................................Mexico, MO
        Brownback, Sam............................................Topeka, KS
        Bunning, Jim...........................................Southgate, KY
        Burr, Richard......................................Winston-Salem, NC
        Coburn, Tom.............................................Muskogee, OK
        Crapo, Michael.......................................Idaho Falls, ID
        DeMint, Jim...........................................Greenville, SC
        Grassley, Chuck.....................................New Hartford, IA
        Gregg, Judd...........................................Greenfield, NH
        Isakson, Johnny.........................................Marietta, GA
        Martinez, Mel............................................Orlando, FL
        McCain, John.............................................Phoenix, AZ
        Murkowski, Lisa........................................Anchorage, AK
        Shelby, Richard.......................................Tuscaloosa, AL
        Specter, Arlen......................................Philadelphia, PA
        Thune, John...............................................Pierre, SD
        Vitter, David...........................................Metairie, LA
        Voinovich, George......................................Cleveland, OH

                                     democrats

    2007..............................................................    17
    2009..............................................................    12
    2011..............................................................    15
                                                                      ______
      Total...........................................................    44

                                    republicans

    2007..............................................................    15
    2009..............................................................    21
    2011..............................................................    19
                                                                      ______
      Total...........................................................    55

                                   independents

    2007..............................................................     1

                                      totals

    Republicans.......................................................    55
    Democrats.........................................................    44
    Independents......................................................     1
                                                                      ______
      Total...........................................................   100

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

                                     PART I

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

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

       A. FEDERAL CONSTITUTIONAL PROVISIONS RELATING TO THE ELECTIONS OF
                                    SENATORS

    Composition of Senate

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

    Vacancies

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

    Qualifications

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

    Conduct of Elections

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

    Dual Office Holding

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

    Ban on Poll Tax

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

    Eighteen Year Old Vote

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

    Pay of Senators

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

                                  ----------

              CHAPTER 1--ELECTION OF SENATORS AND REPRESENTATIVES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

               CHAPTER 3--COMPENSATION AND ALLOWANCES OF MEMBERS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

        (Pub.L. 85-58, Ch. XI, June 21, 1957, 71 Stat. 188; Pub.L.
    92-607, Ch. V, Sec. 506(l), formerly Sec. 506(i), Oct. 31,
    1972, 86 Stat. 1508, renumbered Sec. 506(j), Pub.L. 95-391,
    Title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, renumbered
    Sec. 506(k) and amended Pub.L. 96-304, Title I, Sec. Sec. 101.
    112(b)(3), July 8, 1980, 96 Stat. 889, 892, renumbered
    Sec. 506(l), Pub.L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat.
    1189, Pub.L. 105-55, Title I, Sec. 7, Oct. 7, 1997, 111 Stat.
    1181.)

       C. CAMPAIGN FINANCING, REPORTING, AND DISCLOSURE (TITLE 2, UNITED
                                  STATES CODE)

                                  ----------

                         FEDERAL ELECTION CAMPAIGN ACT

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

        When used in this Act:
        (1) The term ``election'' means--
              (A) a general, special, primary, or runoff election;
              (B) a convention or caucus of a political party which
            has authority to nominate a candidate;
              (C) a primary election held for the selection of
            delegates to a national nominating convention of a
            political party; and
              (D) a primary election held for the expression of a
            preference for the nomination of individuals for
            election to the office of President.
        (2) The term ``candidate'' means an individual who seeks
    nomination for election, or election, to Federal office, and
    for 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 such individual has given his or her consent
            to another person to receive contributions or make
            expenditures on behalf of such individual and if such
            person has received such contributions aggregating in
            excess of $5,000 or has made such expenditures
            aggregating in excess of $5,000.
        (3) The term ``Federal office'' means the office of
    President or Vice President, or of Senator or Representative
    in, or Delegate or Resident Commissioner to, the Congress.
        (4) The term ``political committee'' means--
              (A) any committee, club, association, or other group
            of persons which receives contributions aggregating in
            excess of $1,000 during a calendar year or which makes
            expenditures aggregating in excess of $1,000 during a
            calendar year; or
              (B) any separate segregated fund established under
            the provisions of 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 committee authorized
    by a candidate under section 432(e)(l) of this title to receive
    contributions or make expenditures on behalf of such candidate.
        (7) The term ``connected organization'' means any
    organization which is not a political committee but which
    directly or indirectly establishes, administers, or financially
    supports a political commit tee.
        (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 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
            exceed $2000 in any calendar year;
              (iv) any unreimbursed payment for travel expenses
            made by any individual on behalf of any candidate or
            any political committee of a political party, to the
            extent that the cumulative value of such activity by
            such individual on behalf of any single candidate does
            not exceed $1,000 with respect to any single election,
            and on behalf of all political committees of a
            political party does not exceed $2,000 in any calendar
            year;
              (v) the payment by a State or local committee of a
            political party of the costs of preparation, display,
            or mailing or other distribution incurred by such
            committee with respect to a printed slate card or
            sample ballot, or other printed listing, of 3 or more
            candidates for any public office for which an election
            is held in the State in which such committee is
            organized, except that this clause shall not apply to
            any cost incurred by such committee with respect to a
            display of any such listing made on broadcasting
            stations, or in newspapers, magazines, or similar types
            of general public political advertising;
              (vi) any payment made or obligation incurred by a
            corporation or a labor organization which, under
            section 441b(b) of this title, would not constitute an
            expenditure by such corporation or labor organization;
              (vii) any loan of money by a State bank, a federally
            chartered depository institution, or a depository
            institution the deposits or accounts of which are
            insured by the Federal Deposit Insurance Corporation .
            . . 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 legal or accounting services rendered to
            or on behalf of--
                      (I) any political committee of a political
                    party if the person paying for such services is
                    the regular employer of the person rendering
                    such services and if such services are not
                    attributable to activities which directly
                    further the election of any designated
                    candidate to Federal office; or
                      (II) an authorized committee of a candidate
                    or any other political committee, if the person
                    paying for such services is the regular
                    employer of the individual rendering such
                    services and if such services are solely for
                    the purpose of ensuring compliance with this
                    Act or chapter 95 or chapter 96 of title 26,
                    but amounts paid or incurred by the regular
                    employer for such legal or accounting services
                    shall be reported in accordance with section
                    434(b) of this title by the committee receiving
                    such services;
              (ix) 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 cost 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;
              (x) 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;
              (xi) 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 particular
                    candidates;
              (xii) payment 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;
              (xiii) any honorarium (within the meaning of section
            441i of this title); and
              (xiv) any loan of money derived from an advance on a
            candidate's brokerage account, credit card, home equity
            line of credit, or other line of credit available to
            the candidate, if such a loan is made in accordance
            with applicable law and under commercially reasonable
            terms and if the person making such loan makes loans
            derived from an advance on the candidate's brokerage
            account, credit card, home equity line of credit, or
            other line of credit in the normal course of the
            person's business.
        (9)(A) The term ``expenditure'' includes--
              (i) any purchase, payment, distribution, loan,
            advance, deposit, or gift of money or anything of
            value, made by any person for the purpose of
            influencing any election for Federal office; and
              (ii) a written contract, promise, or agreement to
            make an expenditure.
        (B) the term ``expenditure'' does not include--
              (i) any news story, commentary, or editorial
            distributed through the facilities of any broadcasting
            station, newspaper; magazine, or other periodical
            publication, unless such facilities are owned or
            controlled by any political party, political committee,
            or candidate;
              (ii) nonpartisan activity designed to encourage
            individuals to vote or to register to vote;
              (iii) any communication by any membership
            organization or corporation to its members,
            stockholders, or executive or administrative personnel,
            if such membership organization or corporation is not
            organized primarily for the purpose of influencing the
            nomination for election, or election, of any individual
            to Federal office, except that the costs incurred by a
            membership organization (including a labor
            organization) or by a corporation directly attributable
            to a communication expressly advocating the election or
            defeat of a clearly identified candidate (other than a
            communication primarily devoted to subjects other than
            the express advocacy of the election or defeat of a
            clearly identified candidate), shall, if such costs
            exceed $2,000 for any election, be reported to the
            Commission in accordance with section 434(a)(4)(A)(i)
            of this title, and in accordance with section
            434(a)(4)(A)(ii) of this title with respect to any
            general election;
              (iv) the payment by a State or local committee of a
            political party of the costs of preparation, display,
            or mailing or other distribution incurred by such
            committee with respect to a printed slate card or
            sample ballot, or other printed listing, of 3 or more
            candidates for any public office for which an election
            is held in the State in which such committee is
            organized, except that this clause shall not apply to
            costs incurred by such committee with respect to a
            display of any such listing made on broadcasting
            stations, or in newspapers, magazines, or similar types
            of general public political advertising;
              (v) any payment made or obligation incurred by a
            corporation or a labor organization which, under
            section 441b(b) of this title, would not constitute an
            expenditure by such corporation or labor organization;
              (vi) any costs incurred by an authorized committee or
            candidate in connection with the solicitation of
            contributions on behalf of such candidate, except that
            this clause shall not apply with respect to costs
            incurred by an authorized committee of a candidate in
            excess of an amount equal to 20 percent of the
            expenditure limitation applicable to such candidate
            under section 441a(b), but all such costs shall be
            reported in accordance with section 434(b);
              (vii) the payment of compensation for legal or
            accounting services--
                      (I) rendered to or on behalf of any political
                    committee of a political party if the person
                    paying for such services is the regular
                    employer of the individual rendering such
                    services, and if such services are not
                    attributable to activities which directly
                    further the election of any designated
                    candidate to Federal office; or
                      (II) rendered to or on behalf of a candidate
                    or political committee if the person paying for
                    such services is the regular employer of the
                    individual rendering such services, and if such
                    services are solely for the purpose of ensuring
                    compliance with this Act or chapter 95 or
                    chapter 96 of title 26, but amounts paid or
                    incurred by the regular employer for such legal
                    or accounting services shall be reported in
                    accordance with section 434(b) by the committee
                    receiving such services;
              (viii) the payment by a State or local committee of a
            political party of the costs of campaign materials
            (such as pins, bumper stickers, handbills, brochures,
            posters, party tabloids, and yard signs) used by such
            committee in connection with volunteer activities on
            behalf of nominees of such party: Provided, That
                      (1) such payments are not for the costs of
                    campaign materials or activities used in
                    connection with any broadcasting, newspaper,
                    magazine, billboard, direct mail, or similar
                    type of general public communication or
                    political advertising;
                      (2) such payments are made from contributions
                    subject to the limitations and prohibitions of
                    this Act; and
                      (3) such payments are not made from
                    contributions designated to be spent on behalf
                    of a particular candidate or particular
                    candidates;
              (ix) the payment by a State or local committee of a
            political party of the costs of voter registration and
            get out-the-vote activities conducted by such committee
            on behalf of nominees of such party for President and
            Vice President: Provided, That--
                      (1) such payments are not for the costs of
                    campaign materials or activities used in
                    connection with any broadcasting, newspaper,
                    magazine, billboard, direct mail, or similar
                    type of general public communication or
                    political advertising;
                      (2) such payments are made from contributions
                    subject to the limitations and prohibitions of
                    this Act; and
                      (3) such payments are not made from
                    contributions designated to be spent on behalf
                    of a particular candidate or candidates; and
              (x) payments received by a political party committee
            as a condition of ballot access which are transferred
            to another political party committee or the appropriate
            State official.
        (10) The term ``Commission'' means the Federal Election
    Commission.
        (11) The term ``person'' includes an individual,
    partnership, committee, association, corporation, labor
    organization, or any other organization or group of persons,
    but such term does not include the Federal Government or any
    authority of the Federal Government.
        (12) The term ``State'' means a State of the United States,
    the District of Columbia, the Commonwealth of Puerto Rico, or a
    territory or possession of the United States.
        (13) The term ``identification'' means--
              (A) in the case of any individual, the name, the
            mailing address, and the occupation of such individual,
            as well as the name of his or her employer; and
              (B) in the case of any other person, the full name
            and address of such person.
        (14) The term ``national committee'' means the organization
    which, by virtue of the bylaws of a political party, is
    responsible for the day-to-day operation of such political
    party at the national level, as determined by the Commission.
        (15) The term ``State committee'' means the organization
    which, by virtue of the bylaws of a political party, is
    responsible for the day-to-day operation of such political
    party at the State level, as determined by the Commission.
        (16) The term ``political party'' means an association,
    committee, or organization which nominates a candidate for
    election to any Federal office whose name appears on the
    election ballot as the candidate of such association,
    committee, or organization.
        (17) lndependent expenditure. The term `independent
    expenditure' means an expenditure by a person--
              (A) expressly advocating the election or defeat of a
            clearly identified candidate; and
              (B) that is not made in concert or cooperation with
            or at the request or suggestion of such candidate, the
            candidate's authorized political committee, or their
            agents, or a political party committee or its agents.
        (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.
        (20) Federal election activity.
              (A) In general. The term `Federal election activity'
            means--
                      (i) voter registration activity during the
                    period that begins on the date that is 120 days
                    before the date a regularly scheduled Federal
                    election is held and ends on the date of the
                    election;
                      (ii) voter identification, get-out-the-vote
                    activity, or generic campaign activity
                    conducted in connection with an election in
                    which a candidate for Federal office appears on
                    the ballot (regardless of whether a candidate
                    for State or local office also appears on the
                    ballot);
                      (iii) a public communication that refers to a
                    clearly identified candidate for Federal office
                    (regardless of whether a candidate for State or
                    local office is also mentioned or identified)
                    and that promotes or supports a candidate for
                    that office, or attacks or opposes a candidate
                    for that office (regardless of whether the
                    communication expressly advocates a vote for or
                    against a candidate); or
                      (iv) services provided during any month by an
                    employee of a State, district, or local
                    committee of a political party who spends more
                    than 25 percent of that individual's
                    compensated time during that month on
                    activities in connection with a Federal
                    election.
              (B) Excluded activity. The term `Federal election
            activity' does not include an amount expended or
            disbursed by a State, district, or local committee of a
            political party for--
                      (i) a public communication that refers solely
                    to a clearly identified candidate for State or
                    local office, if the communication is not a
                    Federal election activity described in
                    subparagraph (A)(i) or (ii);
                      (ii) a contribution to a candidate for State
                    or local office, provided the contribution is
                    not designated to pay for a Federal election
                    activity described in subparagraph (A);
                      (iii) the costs of a State, district, or
                    local political convention; and
                      (iv) the costs of grassroots campaign
                    materials, including buttons, bumper stickers,
                    and yard signs, that name or depict only a
                    candidate for State or local office.
        (21) Generic campaign activity. The term `generic campaign
    activity' means a campaign activity that promotes a political
    party and does not promote a candidate or non-Federal
    candidate.
        (22) Public communication. The term `public communication'
    means a communication by means of any broadcast, cable, or
    satellite communication, newspaper, magazine, outdoor
    advertising facility, mass mailing, or telephone bank to the
    general public, or any other form of general public political
    advertising.
        (23) Mass mailing. The term `mass mailing' means a mailing
    by United States mail or facsimile of more than 500 pieces of
    mail matter of an identical or substantially similar nature
    within any 30-day period.
        (24) Telephone bank. The term `telephone bank' means more
    than 500 telephone calls of an identical or substantially
    similar nature within any 30-day period.
        (25) Election cycle. For purposes of sections 315(i) (2
    U.S.C. Sec. 441a(i)) and 315A (2 U.S.C. Sec. 441a-1) and
    paragraph (26), the term `election cycle' means the period
    beginning on the day after the date of the most recent election
    for the specific office or seat that a candidate is seeking and
    ending on the date of the next election for that office or
    seat. For purposes of the preceding sentence, a primary
    election and a general election shall be considered to be
    separate elections.
        (26) Personal funds. The term `personal funds' means an
    amount that is derived from--
              (A) any asset that, under applicable State law, at
            the time the individual became a candidate, the
            candidate had legal right of access to or control over,
            and with respect to which the candidate had--
                      (i) legal and rightful title; or
                      (ii) an equitable interest;
              (B) income received during the current election cycle
            of the candidate, including--
                      (i) a salary and other earned income from
                    bona fide employment;
                      (ii) dividends and proceeds from the sale of
                    the candidate's stocks or other investments;
                      (iii) bequests to the candidate;
                      (iv) income from trusts established before
                    the beginning of the election cycle;
                      (v) income from trusts established by bequest
                    after the beginning of the election cycle of
                    which the candidate is the beneficiary;
                      (vi) gifts of a personal nature that had been
                    customarily received by the candidate prior to
                    the beginning of the election cycle; and
                      (vii) proceeds from lotteries and similar
                    legal games of chance; and
              (C) a portion of assets that are jointly owned by the
            candidate and the candidate's spouse equal to the
            candidate's share of the asset under the instrument of
            conveyance or ownership, but if no specific share is
            indicated by an instrument of conveyance or ownership,
            the value of \1/2\ of the property.

    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, no 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 makes a
            contribution or contributions aggregating more than
            $200 during a calendar year, together with the date and
            amount of any such contribution;
              (4) the identification of any political committee
            which makes a contribution, together with the date and
            amount of any such contribution; and
              (5) the name and address of every person to whom any
            disbursement is made, the date, amount, and purpose of
            the disbursement, and the name of the candidate and the
            office sought by the candidate, if any, for whom the
            disbursement was made, including a receipt, in voice,
            or cancelled 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 section 434(a)(11) of
    this title, the treasurer shall retain a machine-readable copy
    of the report as the copy preserved under the preceding
    sentence.
        (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
            sup ported 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 committee.
              (1) Notwithstanding any other provision of this Act,
            each designation, statement, or report of receipts or
            disbursements made by an authorized committee of a
            candidate shall be filed with the candidate's principal
            campaign committee.
              (2) Each principal campaign committee shall receive
            all designations, statements, and reports required to
            be filed with it under paragraph (1) and shall compile
            and file such designations, statements, and reports in
            accordance with this Act.
        (g) Filing with and receipt of designations, statements,
    and reports by the 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 Committee, 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), and shall preserve such
            designations, statements, and reports in the same
            manner as the Commission under section 438(a)(5).
        (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 . . . or the National Credit
            Union Administration, as its campaign depository or
            depositories. Each political committee shall maintain
            at least one checking account and such other accounts
            as the committee determines at a depository designated
            by such committee. All receipts received by such
            committee shall be deposited in such accounts. No
            disbursements may be made (other than petty cash
            disbursements under paragraph (2)) by such committee
            except by check drawn on such accounts in accordance
            with this section.
              (2) A political committee may maintain a petty cash
            fund for disbursements not in excess of $100 to any
            person in connection with a single purchase or
            transaction. A record of all petty cash disbursements
            shall be maintained in accordance with subsection
            (c)(5) of this section.
                      (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.

    2 U.S.C. Sec. 433. Registration of political committees

        (a) Statements of organizations. Each authorized campaign
    committee shall file a statement of organization no 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 and 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 disbursement 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.

    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 a 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 any of the
                            following: registered mail, certified
                            mail, priority mail having a delivery
                            confirmation, or delivered to an
                            overnight delivery service with an on-
                            line tracking system, if posted or
                            delivered no later than the 15th day
                            before) \1\ 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;
    ---------------------------------------------------------------------------
        \1\ Section 641 of division F, Title VI of the Consolidated
    Appropriations Act, 2004, Pub. L. No. 108-199, amended section 434(a)
    to permit the use of priority and express mail and overnight delivery
    services for timely filing purposes. This amendment is effective as of
    January 23, 2004.
    ---------------------------------------------------------------------------
                              (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) \2\ in any other calendar year the
                    treasurer shall file quarterly reports, which
                    shall be filed not 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 not later than January 31 of the
                    following calendar year.
    ---------------------------------------------------------------------------
        \2\ Section 503(a) of the Bipartisan Campaign Reform Act of 2002
    (BCRA), Pub. L. No. 107-155, amended section 434(a)(2)(B) to require
    additional reports in nonelection years by House and Senate campaigns.
    This amendment is effective as of November 6, 2002.
    ---------------------------------------------------------------------------
              (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 any of the following: registered
                    mail, certified mail, priority mail having a
                    delivery confirmation, or express mail having a
                    delivery confirmation, or delivered to an
                    overnight delivery service with an on-line
                    tracking system, if posted or delivered no
                    later than the 15th day before \1\ 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;
    ---------------------------------------------------------------------------
        \1\ Section 641 of division F, Title VI of the Consolidated
    Appropriations Act, 2004, Pub. L. No. 108-199, amended section 434(a)
    to permit the use of priority and express mail and overnight delivery
    services for timely filing purposes. This amendment is effective as of
    January 23, 2004.
    ---------------------------------------------------------------------------
                      (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. Notwithstanding the preceding
                    sentence, a national committee of a political
                    party shall file the reports required under
                    subparagraph (B).
              (5) If a designation, report, or statement filed
            pursuant to this Act (other than under paragraph
            (2)(A)(i) or (4)(A)(ii) or subsection (g)(1)) is sent
            by registered mail, certified mail, priority mail
            having a delivery confirmation, or express mail having
            a delivery confirmation, the United States postmark
            shall be considered the date of filing of the
            designation, report, or statement. If a designation,
            report or statement filed pursuant to this Act (other
            than under paragraph (2)(A)(i) or (4)(A)(ii), or
            subsection (g)(1)) is sent by an overnight delivery
            service with an on-line tracking system, the date on
            the proof of delivery to the delivery service 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) Notification of expenditure from personal funds.
                      (i) Definition of expenditure from personal
                    funds. In this subparagraph, the term
                    `expenditure from personal funds' means--
                              (I) an expenditure made by a
                            candidate using personal funds; and
                              (II) a contribution or loan made by a
                            candidate using personal funds or a
                            loan secured using such funds to the
                            candidate's authorized committee.
                      (ii) Declaration of intent. Not later than
                    the date that is 15 days after the date on
                    which an individual becomes a candidate for the
                    office of Senator, the candidate shall file a
                    declaration stating the total amount of
                    expenditures from personal funds that the
                    candidate intends to make, or to obligate to
                    make, with respect to the election that will
                    exceed the State-by-State competitive and fair
                    campaign formula with--
                              (I) the Commission; and
                              (II) each candidate in the same
                            election.
                      (iii) Initial notification. Not later than 24
                    hours after a candidate described in clause
                    (ii) makes or obligates to make an aggregate
                    amount of expenditures from personal funds in
                    excess of 2 times the threshold amount in
                    connection with any election, the candidate
                    shall file a notification with--
                              (I) the Commission; and
                              (II) each candidate in the same
                            election.
                      (iv) Additional notification. After a
                    candidate files an initial notification under
                    clause (ill), the candidate shall file an
                    additional notification each time expenditures
                    from personal funds are made or obligated to be
                    made in an aggregate amount that exceed $10,000
                    with--
                              (I) the Commission; and
                              (II) each candidate in the same
                            election.
                    Such notification shall be filed not later than
                    24 hours after the expenditure is made.
                      (v) Contents. A notification under clause
                    (iii) or (iv) shall include--
                              (I) the name of the candidate and the
                            office sought by the candidate;
                              (II) the date and amount of each
                            expenditure; and
                              (III) the total amount of
                            expenditures from personal funds that
                            the candidate has made, or obligated to
                            make, with respect to an election as of
                            the date of the expenditure that is the
                            subject of the notification.
              (C) Notification of disposal of excess contributions.
            In the next regularly scheduled report after the date
            of the election for which a candidate seeks nomination
            for election to, or election to, Federal office, the
            candidate or the candidate's authorized committee shall
            submit to the Commission a report indicating the source
            and amount of any excess contributions (as determined
            under paragraph (1) of section 315(i)) (2 U.S.C.
            Sec. 441a(i)) and the manner in which the candidate or
            the candidate's authorized committee used such funds.
              (D) Enforcement. For provisions providing for the
            enforcement of the reporting requirements under this
            paragraph, see section 309 (2 U.S.C. Sec. 437g).
              (E) 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 preelection report for each
            election and one postelection 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 promulgate a regulation
            under which a person required to file a designation,
            statement, or report under this Act--
                      (i) is required to maintain and file a
                    designation, statement, or report for any
                    calendar year in electronic form accessible by
                    computers if the person has, or has reason to
                    expect to have, aggregate contributions or ex
                    penditures in excess of a threshold amount
                    determined by the Commission; and
                      (ii) may maintain and file a designation,
                    statement, or report in electronic form or an
                    alternative form if not required to do so under
                    the regulation promulgated under clause (i).
              (B) The Commission shall make a designation,
            statement, report, or notification that is filed with
            the Commission under this Act available for inspection
            by the public in the offices of the Commission and
            accessible to the public on the Internet not later than
            48 hours (or not later than 24 hours in the case of a
            designation, statement, report, or notification filed
            electronically) after receipt by the Commission.
              (C) In promulgating a regulation under this
            paragraph, the Commission shall provide methods (other
            than requiring a signature on the document being filed)
            for verifying designations, statements, and reports
            covered by the regulation. Any document verified under
            any of the methods shall be treated for all purposes
            (including penalties for perjury) in the same manner as
            a document verified by signature.
              (D) 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.
              (12) Software for filing of reports.
                      (A) In general. The Commission shall--
                              (i) promulgate standards to be used
                            by vendors to develop software that--
                                      (I) permits candidates to
                                    easily record information
                                    concerning receipts and
                                    disbursements required to be
                                    reported under this Act at the
                                    time of the receipt or
                                    disbursement;
                                      (II) allows the information
                                    recorded under subclause (1) to
                                    be transmitted immediately to
                                    the Commission; and
                                      (III) allows the Commission
                                    to post the information on the
                                    Internet immediately upon
                                    receipt; and
                              (ii) make a copy of software that
                            meets the standards promulgated under
                            clause (i) available to each person
                            required to file a designation,
                            statement, or report in electronic form
                            under this Act.
                      (B) Additional information. To the extent
                    feasible, the Commission shall equire vendors
                    to include in the software developed under the
                    standards under subparagraph (A) the ability
                    for any person to file any designation,
                    statement, or report required under this Act in
                    electronic form.
                      (C) Required use. Notwithstanding any
                    provision of this Act relating to times for
                    filing reports, each candidate for Federal
                    office (or that candidate's authorized
                    committee) shall use software that meets the
                    standards promulgated under this paragraph once
                    such software is made available to such
                    candidate.
                      (D) Required posting. The Commission shall,
                    as soon as practicable, post on the Internet
                    any information received under this paragraph.
        (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 calendar year (or
            election cycle, in the case of an authorized committee
            of a candidate for Federal office), the total amount of
            all receipts, and the total amount of all receipts in
            the following categories:
                      (A) contributions from persons other than
                    political committees;
                      (B) for an authorized committee,
                    contributions from the candidate;
                      (C) contributions from political party
                    committees;
                      (D) contributions from other political
                    committees;
                      (E) for an authorized committee, transfers
                    from other authorized committees of the same
                    candidate;
                      (F) transfers from affiliated committees and,
                    where the reporting committee is a political
                    party committee, transfers from other political
                    party committees, regardless of whether such
                    committees are affiliated;
                      (G) for an authorized committee, loans made
                    by or guaranteed by the candidate;
                      (H) all other loans;
                      (I) rebates, refunds, and other offsets to
                    operating expenditures;
                      (J) dividends, interest, and other forms of
                    receipts; and
                      (K) for an authorized committee of a
                    candidate for the office of President, Federal
                    funds received under chapter 95 and chapter 96
                    of title 26;
              (3) the identification of each--
                      (A) person (other than a political committee)
                    who makes a contribution to the reporting
                    committee during the reporting period. whose
                    contribution or contributions have an aggregate
                    amount or value in excess of $200 within the
                    calendar year (or election cycle, in the case
                    of an authorized committee of a candidate for
                    Federal office), 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 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 (or election cycle, in the case of an
                    authorized committee of a candidate for Federal
                    office), together with the date and amount of
                    such receipt; and
                      (G) person who provides any dividend,
                    interest, or other receipt to the reporting
                    committee in an aggregate value or amount in
                    excess of $200 within the calendar year (or
                    election cycle, in the case of an authorized
                    committee of a candidate for Federal office),
                    together with the date and amount of any such
                    receipt;
              (4) for the reporting period and the calendar year
            (or election cycle, in the case of an authorized
            committee of a candidate for Federal office), the total
            amount of all disbursements, and all disbursements in
            the following categories:
                      (A) expenditures made to meet candidate or
                    committee operating expenses;
                      (B) for authorized committees, transfers to
                    other committees authorized by the same
                    candidate;
                      (C) transfers to affiliated committees and,
                    where the reporting committee is a political
                    party committee, transfers to other political
                    party committees, regardless of whether they
                    are affiliated;
                      (D) for an authorized committee, repayment of
                    loans made by or guaranteed by the candidate;
                      (E) repayment of all other loans;
                      (F) contribution refunds and other offsets to
                    contributions;
                      (G) for an authorized committee, any other
                    disbursements;
                      (H) for any political committee other than an
                    authorized committee--
                              (i) contributions made to other
                            political committees;
                              (ii) loans made by the reporting
                            committees;
                              (iii) independent expenditures;
                              (iv) expenditures made under section
                            441a(d) of this title; and
                              (v) any other disbursements; and
                                      (I) for an authorized
                                    committee of a candidate for
                                    the office of President,
                                    disbursements not subject to
                                    the limitation of section
                                    441a(b);
              (5) the name and address of each--
                      (A) person to whom an expenditure in an
                    aggregate amount or value in excess of $200
                    within the calendar year is made by the
                    reporting committee to meet a candidate or
                    committee operating expense, together with the
                    date, amount, and purpose of such operating
                    expenditure;
                      (B) authorized committee to which a transfer
                    is made by the reporting committee;
                      (C) affiliated committee to which a transfer
                    is made by the reporting committee during the
                    reporting period and, where the reporting
                    committee is a political party committee, each
                    transfer of funds by the reporting committee to
                    another political party committee, regardless
                    of whether such committees are affiliated,
                    together with the date and amount of such
                    transfers;
                      (D) person who receives a loan repayment from
                    the reporting committee during the reporting
                    period, together with the date and amount of
                    such loan repayment; and
                      (E) person who receives a contribution refund
                    or other offset to contributions from the
                    reporting committee where such contribution was
                    reported under paragraph (3)(A) of this
                    subsection, together with the date and amount
                    of such disbursement;
              (6)(A) for an authorized committee, the name and
            address of each person who has received any
            disbursement not disclosed under paragraph (5) in an
            aggregate amount or value in excess of $200 within the
            calendar year (or election cycle, in the case of an
            authorized committee of a candidate for Federal office)
            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 or 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 (or election cycle, in the case
                    of an authorized committee of a candidate for
                    Federal office) in connection with an
                    independent expenditure by the reporting
                    committee, together with the date, amount, and
                    purpose of any such independent expenditure and
                    a statement which indicates whether such
                    independent expenditure is in support of, or in
                    opposition to, a candidate, as well as the name
                    and office sought by such candidate, and a
                    certification, under penalty of perjury,
                    whether such independent expenditure is made in
                    cooperation, consultation, or concert, with, or
                    at the request or suggestion of, any candidate
                    or any authorized committee or agent of such
                    committee;
                      (iv) person who receives any expenditure from
                    the reporting committee during the reporting
                    period in connection with an expenditure under
                    section 441a(d) of this title, together with
                    the date, amount, and purpose of any such
                    expenditure as well as the name of, and office
                    sought by, the candidate on whose behalf the
                    expenditure is made; and
                      (v) person who has received any disbursement
                    not otherwise disclosed in this paragraph or
                    paragraph (5) in an aggregate amount or value
                    in excess of $200 within the calendar year (or
                    election cycle, in the case of an authorized
                    committee of a candidate for Federal office)
                    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 (or
            election cycle, in the case of an authorized committee
            of a candidate'' for Federal office); 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.
              (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.
        (d) Use of facsimile machines and electronic mail to file
    independent expenditure statements.
              (1) Any person who is required to file a statement
            under sub-section (c) or (g) of this section, except
            statements required to be filed electronically pursuant
            to subsection (a)(11)(A)(i) may file the statement by
            facsimile device or electronic mail, in accordance with
            such regulations as the Commission may promulgate.
              (2) The Commission shall make a document which is
            filed electronically with the Commission pursuant to
            this paragraph accessible to the public on the internet
            not later than 24 hours after the document is received
            by the Commission.
              (3) In promulgating a regulation under this
            paragraph, the Commission shall provide methods (other
            than requiring a signature on the document being filed)
            for verifying the documents covered by the regulation.
            Any document verified under any of the methods shall be
            treated for all purposes (including penalties for
            perjury) in the same manner as a document verified by
            signature.
        (e) Political committee.
              (1) National and congressional political committees.
            The national committee of a political party, any
            national congressional campaign committee of a
            political party, and any subordinate committee of
            either, shall report all receipts and disbursements
            during the reporting period.
              (2) Other political committees to which section 323
            (2 U.S.C. Sec. 441.i) applies.
                      (A) In general. In addition to any other
                    reporting requirements applicable under this
                    Act, a political committee (not described in
                    paragraph (1)) to which section 323(b)(1) (2
                    U.S.C. Sec. 441i(b)(1)) applies shall report
                    all receipts and disbursements made for
                    activities described in section 301(20)(A), (2
                    U.S.C. Sec. 431(20)(A)) unless the aggregate
                    amount of such receipts and disbursements
                    during the calendar year is less than $5,000.
                      (B) Specific disclosure by state and local
                    parties of certain nonfederal amounts permitted
                    to be spent on federal election activity. Each
                    report by a political committee under
                    subparagraph (A) of receipts and disbursements
                    made for activities described in section
                    301(20)(A) (2 U.S.C. Sec. 431(20)(A)) shall
                    include a disclosure of all receipts and
                    disbursements described in section 323(b)(2)(A)
                    and (B) (2 U.S.C. Sec. 441i(b)(2)(A) and (B)).
              (3) Itemization. If a political committee has
            receipts or disbursements to which this subsection
            applies from or to any person aggregating in excess of
            $200 for any calendar year, the political committee
            shall separately itemize its reporting for such person
            in the same manner as required in paragraphs (3)(A),
            (5), and (6) of subsection (b).
              (4) Reporting periods. Reports required to be filed
            under this subsection shall be filed for the same time
            periods required for political committees under
            subsection (a)(4)(B).
        (f) Disclosure of electioneering communications.
              (1) Statement required. Every person who makes a
            disbursement for the direct costs of producing and
            airing electioneering communications in an aggregate
            amount in excess of $10,000 during any calendar year
            shall, within 24 hours of each disclosure date, file
            with the Commission a statement containing the
            information described in paragraph (2).
              (2) Contents of statement. Each statement required to
            be filed under this subsection shall be made under
            penalty of perjury and shall contain the following
            information:
                      (A) The identification of the person making
                    the disbursement, of any person sharing or
                    exercising direction or control over the
                    activities of such person, and of the custodian
                    of the books and accounts of the person making
                    the disbursement.
                      (B) The principal place of business of the
                    person making the disbursement, if not an
                    individual.
                      (C) The amount of each disbursement of more
                    than $200 during the period covered by the
                    statement and the identification of the person
                    to whom the disbursement was made.
                      (D) The elections to which the electioneering
                    communications pertain and the names (if known)
                    of the candidates identified or to be
                    identified.
                      (E) If the disbursements were paid out of a
                    segregated bank account which consists of funds
                    contributed solely by individuals who are
                    United States citizens or nationals or law
                    fully admitted for permanent residence (as
                    defined in section 101(a)(20) of the
                    Immigration and Nationality Act (8 U.S.C.
                    Sec. 1101(a)(20))) directly to this account for
                    electioneering communications, the names and
                    addresses of all contributors who contributed
                    an aggregate amount of $1,000 or more to that
                    account during the period beginning on the
                    first day of the preceding calendar year and
                    ending on the disclosure date. Nothing in this
                    subparagraph is to be construed as a
                    prohibition on the use of funds in such a
                    segregated account for a purpose other than
                    electioneering communications.
                      (F) If the disbursements were paid out of
                    funds not described in subparagraph (E), the
                    names and addresses of all contributors who
                    contributed an aggregate amount of $1,000 or
                    more to the person making the disbursement
                    during the period beginning on the first day of
                    the preceding calendar year and ending on the
                    disclosure date.
              (3) Electioneering communication. For purposes of
            this subsection--
                      (A) In general.
                              (i) The term `electioneering
                            communication' means any broadcast,
                            cable, or satellite communication
                            which--
                                      (I) refers to a clearly
                                    identified candidate for
                                    Federal office;
                                      (II) is made within--
                                              (aa) 60 days before a
                                            general, special, or
                                            runoff election for the
                                            office sought by the
                                            candidate; or
                                              (bb) 30 days before a
                                            primary or preference
                                            election, or a
                                            convention or caucus of
                                            a political party that
                                            has authority to
                                            nominate a candidate,
                                            for the office sought
                                            by the candidate; and
                                      (III) in the case of a
                                    communication which refers to a
                                    candidate for an office other
                                    than President or Vice
                                    President, is targeted to the
                                    relevant electorate.
                              (ii) If clause (i) is held to be
                            constitutionally insufficient by final
                            judicial decision to support the
                            regulation provided herein, then the
                            term `electioneering communication'
                            means any broadcast, cable, or
                            satellite communication which promotes
                            or supports a candidate for that
                            office, or attacks or opposes a
                            candidate for that office (regardless
                            of whether the communication expressly
                            advocates a vote for or against a
                            candidate) and which also is suggestive
                            of no plausible meaning other than an
                            exhortation to vote for or against a
                            specific candidate. Nothing in this
                            subparagraph shall be construed to
                            affect the interpretation or
                            application of section 100.22(b) of
                            title 11, Code of Federal Regulations.
                      (B) Exceptions. The term `electioneering
                    communication' does not include--
                              (i) a communication appearing in a
                            news story, commentary, or editorial
                            distributed through the facilities of
                            any broadcasting station, unless such
                            facilities are owned or controlled by
                            any political party, political
                            committee, or candidate;
                              (ii) a communication which
                            constitutes an expenditure or an
                            independent expenditure under this Act;
                              (iii) a communication which
                            constitutes a candidate debate or forum
                            conducted pursuant to regulations
                            adopted by the Commission, or which
                            solely promotes such a debate or forum
                            and is made by or on behalf of the
                            person sponsoring the debate or forum;
                            or
                              (iv) any other communication exempted
                            under such regulations as the
                            Commission may promulgate (consistent
                            with the requirements of this
                            paragraph) to ensure the appropriate
                            implementation of this paragraph,
                            except that under any such regulation a
                            communication may not be exempted if it
                            meets the requirements of this
                            paragraph and is described in section
                            301(20)(A)(iii) (2 U.S.C.
                            Sec. 431(20)(A)(iii)).
                      (C) Targeting to relevant electorate. For
                    purposes of this paragraph, a communication
                    which refers to a clearly identified candidate
                    for Federal office is `targeted to the relevant
                    electorate' if the communication can be
                    received by 50,000 or more persons--
                              (i) in the district the candidate
                            seeks to represent, in the case of a
                            candidate for Representative in, or
                            Delegate or Resident Commissioner to,
                            the Congress; or
                              (ii) in the State the candidate seeks
                            to represent, in the case of a
                            candidate for Senator.
              (4) Disclosure date. For purposes of this subsection;
            the term `disclosure date' means--
                      (A) the first date during any calendar year
                    by which a person has made disbursements for
                    the direct costs of producing or airing
                    electioneering communications aggregating in
                    excess of $10,000; and
                      (B) any other date during such calendar year
                    by which a person has made disbursements for
                    the direct costs of producing or airing
                    electioneering communications aggregating in
                    excess of $10,000 since the most recent
                    disclosure date for such calendar year.
              (5) Contracts to disburse. For purposes of this
            subsection, a person shall be treated as having made a
            disbursement if the person has executed a contract to
            make the disbursement.
              (6) Coordination with other requirements. Any
            requirement to report under this subsection shall be in
            addition to any other reporting requirement under this
            Act.
              (7) Coordination with Internal Revenue Code. Nothing
            in this subsection may be construed to establish,
            modify, or otherwise affect the definition of political
            activities or electioneering activities (including the
            definition of participating in, intervening in, or
            influencing or attempting to influence a political
            campaign on behalf of or in opposition to any candidate
            for public office) for purposes of the Internal Revenue
            Code of 1986.
        (g) Time for reporting certain expenditures.
              (1) Expenditures aggregating $1,000.
                      (A) Initial report. A person (including a
                    political committee) that makes or contracts to
                    make independent expenditures aggregating
                    $1,000 or more after the 20th day, but more
                    than 24 hours, before the date of an election
                    shall file a report describing the expenditures
                    within 24 hours.
                      (B) Additional reports. After a person files
                    a report under subparagraph (A), the person
                    shall file an additional report within 24 hours
                    after each time the person makes or contracts
                    to make independent expenditures aggregating an
                    additional $1,000 with respect to the same
                    election as that to which the initial report
                    relates.
              (2) Expenditures aggregating $10,000.
                      (A) Initial report. A person (including a
                    political commit tee) that makes or contracts
                    to make independent expenditures aggregating
                    $10,000 or more at any time up to and including
                    the 20th day before the date of an election
                    shall file a report describing the expenditures
                    within 48 hours.
                      (B) Additional reports. After a person files
                    a report under subparagraph (A), the person
                    shall file an additional report within 48 hours
                    after each time the person makes or contracts
                    to make independent expenditures aggregating an
                    additional $10,000 with respect to the same
                    election as that to which the initial report
                    relates.
              (3) Place of filing; Contents. A report under this
            subsection--
                      (A) shall be filed with the Commission; and
                      (B) shall contain the information required by
                    subsection (b)(6)(B)(iii), including the name
                    of each candidate whom an expenditure is
                    intended to support or oppose.
              (4) Time of filing for expenditures aggregating
            $1,000. Not withstanding subsection (a)(5), the time at
            which the statement under paragraph (1) is received by
            the Commission or any other recipient to whom the
            notification is required to be sent shall be considered
            the time of filing of the statement with the recipient.
        (h) Reports from Inaugural Committees. The Federal Election
    Commission shall make any report filed by an Inaugural
    Committee under section 510 of title 36, United States Code,
    accessible to the public at the offices of the Commission and
    on the Internet not later than 48 hours after the report is
    received by the Commission.

    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 purpose for which such
            funds were expended.

    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 of the members
            first appointed--
                      (i) two of the members, not affiliated with
                    the same political party, shall be appointed
                    for terms ending on April 30, 1977;
                      (ii) two of the members, not affiliated with
                    the same political party, shall be appointed
                    for terms ending on April 30, 1979; and
                      (iii) two of the members, not affiliated with
                    the same political party, shall be appointed
                    for terms ending on April 30, 1981.
              (B) A member of the Commission may serve on the
            Commission after the expiration of his or her term
            until his or her successor has taken office as a member
            of the Commission.
              (C) An individual appointed to fill a vacancy
            occurring other than by the expiration of a term of
            office shall be appointed only for the unexpired term
            of the member he or she succeeds.
              (D) Any vacancy occurring in the membership of the
            Commission shall be filled in the same manner as in the
            case of the original appointment.
              (3) Members shall be chosen on the basis of their
            experience, integrity, impartiality, and good judgment
            and members (other than the Secretary of the Senate and
            the Clerk of the House of Representatives) shall be
            individuals who, at the time appointed to the
            Commission, are not elected or appointed officers or
            employees in the executive, legislative, or judicial
            branch of the Federal Government. Such members of the
            Commission shall not engage in any other business,
            vocation, or employment. Any individual who is engaging
            in any other business, vocation, or employment at the
            time of his or her appointment to the Commission shall
            terminate or liquidate such activity no later than 90
            days after such appointment.
              (4) Members of the Commission (other than the
            Secretary of the Senate and the Clerk of the House of
            Representatives) shall receive compensation equivalent
            to the compensation paid at level IV of the Executive
            Schedule (5 U.S.C. Sec. 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.
              (2) Nothing in this Act shall be construed to limit,
            restrict, or diminish any investigatory, informational,
            oversight, supervisory, or disciplinary authority or
            function of the Congress or any committee of the
            Congress with respect to elections for Federal office.
        (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 decision making 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 member.
        (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. Sec. 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.

    2 U.S.C. Sec. 437d. Powers of the 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 subpoenas and
    orders of Commission; contempt of court. Upon petition by the
    Commission, any United States District court within the
    jurisdiction of which any inquiry is being carried on may, in
    case of refusal to obey a subpoena 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
            Management and Budget, it shall concurrently transmit a
            copy of such estimate or request to the Congress.
              (2) Whenever the Commission submits any legislative
            recommendation, or testimony, or comments on
            legislation, requested by the Congress or by any Member
            of the Congress, to the President or the Office of
            Management and Budget, it shall concurrently transmit a
            copy thereof to the Congress or to the Member
            requesting the same. No officer or agency of the United
            States shall have any authority to require the
            Commission to submit its legislative recommendations,
            testimony, or comments on legislation, to any office or
            agency of the United States for approval, comments, or
            review, prior to the submission of such
            recommendations, testimony, or comments to the
            Congress.
        (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.

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

        (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
    requests 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.

    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. Within 5 days after receipt of a complaint, the
            Commission shall notify, in writing, any person alleged
            in the complaint to have committed such a violation.
            Before the Commission conducts any vote on the
            complaint, other than a vote to dismiss, any person so
            notified shall have the opportunity to demonstrate, in
            writing, to the Commission within 15 days after
            notification that no action should be taken against
            such person on the basis of the complaint. The
            Commission may not conduct any investigation or take
            any other action under this section solely on the basis
            of a complaint of a person whose identity is not
            disclosed to the Commission.
              (2) If the Commission, upon receiving a complaint
            under paragraph (1) or on the basis of information
            ascertained in the normal course of carrying out its
            supervisory responsibilities, determines, by an
            affirmative vote of 4 of its members, that it has
            reason to believe that a person has committed, or is
            about to commit, a violation of this Act or chapter 95
            or chapter 96 of title 26, the Commission shall,
            through its chairman or vice chairman, notify the
            person of the alleged violation. Such notification
            shall set forth the factual basis for such alleged
            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 clauses (ii) and
            subparagraph (C), 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.
              (C)(i) Notwithstanding subparagraph (A), in the case
            of a violation of any requirement of section 304(a) of
            the Act (2 U.S.C. Sec. 434(a)), the Commission may--
                      (I) find that a person committed such a
                    violation on the basis of information obtained
                    pursuant to the procedures described in
                    paragraphs (1) and (2); and
                      (II) based on such finding, require the
                    person to pay a civil money penalty in an
                    amount determined under a schedule of penalties
                    which is established and published by the
                    Commission and which takes into account the
                    amount of the violation involved, the existence
                    of previous violations by the person, and such
                    other factors as the Commission considers
                    appropriate.
              (ii) The Commission may not make any determination
            adverse to a person under clause (i) until the person
            has been given written notice and an opportunity to be
            heard before the Commission.
              (iii) Any person against whom an adverse
            determination is made under this subparagraph may
            obtain a review of such determination in the district
            court of the United States for the district in which
            the person resides, or transacts business, by filing in
            such court (prior to the expiration of the 30-day
            period which begins on the date the person receives
            notification of the determination) a written petition
            requesting that the determination be modified or set
            aside.
              (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
            (or in the case of a violation of section 320 (2 U.S.C.
            Sec. 441f), which is not less than 300 percent of the
            amount involved in the violation and is not more than
            the greater of $50,000 or 1000 percent of the amount
            involved in the violation).
              (C) If the Commission by an affirmative vote of 4 of
            its members, determines that there is probable cause to
            believe that a knowing and willful violation of this
            Act which is subject to subsection (d) of this section,
            or a knowing and willful violation of chapter 95 or
            chapter 96 of title 26, has occurred or is about to
            occur, it may refer such apparent violation to the
            Attorney General of the United States without regard to
            any limitations set forth in paragraph (4)(A).
              (D) In any case in which a person has entered into a
            conciliation agreement with the Commission under
            paragraph (4)(A), the Commission may institute a civil
            action for relief under paragraph (6)(A) if it believes
            that the person has violated any provision of such
            conciliation agreement. For the Commission to obtain
            relief in any civil action, the Commission need only
            establish that the person has violated, in whole or in
            part, any requirement of such conciliation agreement.
              (6)(A) If the Commission is unable to correct or
            prevent any violation of this Act or of chapter 95 or
            chapter 96 of title 26, by the methods specified in
            paragraph (4), the Commission may, upon an affirmative
            vote of 4 of its members, institute a civil action for
            relief, including a permanent or temporary injunction,
            restraining order, or any other appropriate order
            (including an order for a civil penalty which does not
            exceed the greater of $5,000 or an amount equal to any
            contribution or expenditure involved in such violation)
            in the district court of the United States for the
            district in which the person against whom such action
            is brought is found, resides, or transacts business.
              (B) In any civil action instituted by the Commission
            under subparagraph (A), the court may grant a permanent
            or temporary injunction, restraining order, or other
            order, including a civil penalty which does not exceed
            the greater of $5,000 or an amount equal to any
            contribution or expenditure involved in such violation,
            upon a proper showing that the person involved has
            committed, or is about to commit (if the relief sought
            is a permanent or temporary injunction or a restraining
            order), a violation of this Act or chapter 95 or
            chapter 96 of title 26.
              (C) In any civil action for relief instituted by the
            Commission under subparagraph (A), if the court
            determines that the Commission has established that the
            person involved in such civil action has committed a
            knowing and willful violation of this Act or of chapter
            95 or chapter 96 of title 26, the court may impose a
            civil penalty which does not exceed the greater of
            $10,000 or an amount equal to 200 percent of any
            contribution or expenditure involved in such violation
            (or in the case of a violation of section 320 (2 U.S.C.
            Sec. 441f), which is not less than 300 percent of the
            amount involved in the violation and is not more than
            the greater of $50,000 or 1000 percent of the amount
            involved in the violation.
              (7) In any action brought under paragraph (5) or (6),
            subpoenas for witnesses who are required to attend a
            United States district court may run into any other
            district.
              (8)(A) Any party aggrieved by an order of the
            Commission dismissing a complaint filed by such party
            under paragraph (1), or by a failure of the Commission
            to act on such complaint during the 120-day period
            beginning on the date the complaint is filed, may file
            a petition with the United States District Court for
            the District of Columbia.
              (B) Any petition under subparagraph (A) shall be
            filed, in the case of a dismissal of a complaint by the
            Commission, within 60 days after the date of the
            dismissal.
              (C) In any proceeding under this paragraph the court
            may declare that the dismissal of the complaint or the
            failure to act is contrary to law, and may direct the
            Commission to conform with such declaration within 30
            days, failing which the complainant may bring, in the
            name of such complainant, a civil action to remedy the
            violation involved in the original complaint.
              (9) Any judgment of a district court under this
            subsection may be appealed to the court of appeals, and
            the judgment of the court of appeals affirming or
            setting aside, in whole or in part, any such order of
            the district court shall be final, subject to review by
            the Supreme Court of the United States upon certiorari
            or certification as provided in section 1254 of title
            28.
              (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 required 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) of this title, 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 violations.
    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, donation or expenditure--
                      (i) aggregating $25,000 or more during a
                    calendar year shall be fined under title 18,
                    United States Code, or imprisoned for not more
                    than 5 years, or both; or
                      (ii) aggregating $2,000 or more (but less
                    than $25,000) during a calendar year shall be
                    fined under such title, or imprisoned for not
                    more than one year, or both.
              (B) In the case of a knowing and willful violation of
            section 441b(b)(3) of this title, the penalties set
            forth in this subsection shall apply to a violation
            involving an amount aggregating $250 or more during a
            calendar year. Such violation of section 441b(b)(3) of
            this title may incorporate a violation of section
            441c(b), 441f, and 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.
              (D) Any person who knowingly and willfully commits a
            violation of section 320 (2 U.S.C. Sec. 441f) involving
            an amount aggregating more than $10,000 during a
            calendar year shall be--
                      (i) imprisoned for not more than 2 years if
                    the amount is less than $25,000 (and subject to
                    imprisonment under subparagraph (A) if the
                    amount is $25,000 or more);
                      (ii) fined not less than 300 percent of the
                    amount involved in the violation and not more
                    than the greater of--
                              (I) $50,000; or
                              (II) 1,000 percent of the amount
                            involved in the violation; or
                      (iii) both imprisoned under clause (i) and
                    fined under clause (ii).
              (2) In any criminal action brought for a violation of
            any provision of this Act or of chapter 95 or chapter
            96 of this title 26, any defendant may evidence their
            lack of knowledge or intent to commit the alleged
            violation by introducing as evidence a conciliation
            agreement entered into between the defendant and the
            Commission under subsection (a)(4)(A) of this section
            which specifically deals with the act or failure to act
            constituting such violation and which is still in
            effect.
              (3) In any criminal action brought for a violation of
            any provision of this Act or of 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.

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

        The Commission, the national committee of any political
    party, or any individual eligible to vote in any election for
    the office of President may institute such actions in the
    appropriate district court of the United States, including
    actions for declaratory judgment, as may be appropriate to
    construe the constitutionality of any provision of this Act.
    The district court immediately shall certify all questions of
    constitutionality of this Act to the United States court of
    appeals for the circuit involved, which shall hear the matter
    sitting en banc.

    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
            multicandidate committees, including in such index a
            list of multicandidate committees; and
              (C) compile and maintain a list of multicandidate
            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 requirements
    established by the Commission. Such audit shall be commenced
    within 30 days of such vote, except that any audit of an
    authorized committee of a candidate, under the provisions of
    this subsection, shall be commenced within 6 months of the
    election for which such committee is authorized.
        (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.
        (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 prescribe 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.

    2 U.S.C. Sec. 438a. Maintenance of website of election reports

        (a) In general. The Federal Election Commission shall
    maintain a central site on the Internet to make accessible to
    the public all publicly available election-related reports and
    information.
        (b) Election-related report. In this section, the term
    `election-related report' means any report, designation, or
    statement required to be filed under the Federal Election
    Campaign Act of 1971.
        (c) Coordination with other agencies. Any Federal executive
    agency receiving election-related information which that agency
    is required by law to publicly disclose shall cooperate and
    coordinate with the Federal Election Commission to make such
    report available through, or for posting on, the site of the
    Federal Election Commission in a tiinely manner.

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

        (a)(1) A copy of each report and statement required to be
    filed by any person under this Act shall be filed by such
    person with the Secretary of State (or equivalent State
    officer) of the appropriate State, or, if different, the
    officer of such State who is charged by State law with
    maintaining State election campaign reports. The chief
    executive officer of such State shall designate any such
    officer and notify the Commission of any such designation.
        (2) For purposes of this subsection, the term ``appropriate
    State'' means--
              (A) for statements and reports in connection with the
            campaign for nomination for election of a candidate to
            the office of President or Vice President, each State
            in which an expenditure is made on behalf of the
            candidate; and
              (B) for statements and reports in connection with the
            campaign for nomination for election, or election, of a
            candidate to the office of Senator or Representative
            in, or Delegate or Resident Commissioner to, the
            Congress, the State in which the candidate seeks
            election; except that political committees other than
            authorized committees are only required to file, and
            Secretaries of State required to keep, that portion of
            the report applicable to candidates seeking election in
            that State.
        (b) The Secretary of State (or equivalent State officer),
    or the officer designated under subsection (a)(1) of this
    section, shall--
              (1) receive and maintain in an orderly manner all
            reports and statements required by this Act to be filed
            therewith;
              (2) keep such reports and statements (either in
            original filed form or in facsimile copy by microfilm
            or otherwise) for 2 years after their date of receipt;
              (3) make each report and statement filed therewith
            available as soon as practicable (but within 48 hours
            of receipt) for public inspection and copying during
            regular business hours, and permit copying of any such
            report or statement by hand or by duplicating machine
            at the request of any person, except that such copying
            shall be at the expense of the person making the
            request; and
              (4) compile and maintain a current list of all
            reports and statements pertaining to each candidate.
        (c) Subsections (a) and (b) shall not apply with respect to
    any State that, as determined by the Commission, has a system
    that permits electronic access to, and duplication of, reports
    and statements that are filed with the Commission.

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

        (a) Permitted uses. A contribution accepted by a candidate,
    and any other donation received by an individual as support for
    activities of the individual as a holder of Federal office, may
    be used by the candidate or individual--
              (1) for otherwise authorized expenditures in
            connection with the campaign for Federal office of the
            candidate or individual;
              (2) for ordinary and necessary expenses incurred in
            connection with duties of the individual as a holder of
            Federal office;
              (3) for contributions to an organization described in
            section 170(c) of the Internal Revenue Code of 1986; or
              (4) for transfers, without limitation, to a national,
            State, or local committee of a political party.
        (b) Prohibited use.
              (1) In general. A contribution or donation described
            in subsection (a) shall not be converted by any person
            to personal use.
              (2) Conversion. For the purposes of paragraph (1), a
            contribution or donation shall be considered to be
            converted to personal use if the contribution or amount
            is used to fulfill any commitment, obligation, or
            expense of a person that would exist irrespective of
            the candidate's election campaign or individual's
            duties as a holder of Federal office, including--
                      (A) a home mortgage, rent, or utility
                    payment;
                      (B) a clothing purchase;
                      (C) a noncampaign-related automobile expense;
                      (D) a country club membership;
                      (E) a vacation or other noncampaign-related
                    trip;
                      (F) a household food item;
                      (G) a tuition payment;
                      (H) admission to a sporting event, concert,
                    theater, or other form of entertainment not
                    associated with an election campaign; and
                      (I) dues, fees, and other payments to a
                    health club or recreational facility.

    2 U.S.C. Sec. 439b. Repealed.

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

        Note: This section contains the authorization for FEC
    appropriations for FY 1975 through FY 1978, and for FY 1981.
    While contained in the United States Code, this provision has
    no substantive election law content.

    2 U.S.C. Sec. 440. Repealed.

    2 U.S.C. Sec. 441. Repealed.

    2 U.S.C. Sec. 441a. Limitations, contributions, and expenditures

        (a) Dollar limits on contributions.
              (1) Except as provided in subsection (i) and section
            315A (2 U.S.C. Sec. 441a-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 $2,000;
                      (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 $25,000;
                      (C) to any other political committee (other
                    than a committee described in subparagraph (D))
                    in any calendar year which, in the aggregate,
                    exceed $5,000; or
                      (D) to a political committee established and
                    maintained by a State committee of a political
                    party in any calendar year which, in the
                    aggregate, exceed $10,000.
              (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) During the period which begins on January 1 of an
            odd-numbered year and ends on December 31 of the next
            even numbered year, no individual may make
            contributions aggregating more than--
                      (A) $37,500, in the case of contributions to
                    candidates and the authorized committees of
                    candidates;
                      (B) $57,500, in the case of any other
                    contributions, of which not more than $37,500
                    may be attributable to contributions to
                    political committees which are not political
                    committees of national political parties.
              (4) The limitations on contributions contained in
            paragraphs (1) and (2) do not apply to transfers
            between and among political committees which are
            national, State, district, or local committees
            (including any subordinate committee thereof) of the
            same political party. For purposes of paragraph (2),
            the term ``multicandidate political committee'' means a
            political committee which has been registered under
            section 433 of this title for a period of not less than
            6 months, which has received contributions from more
            than 50 persons, and, except for any State political
            party organization, has made contributions to 5 or more
            candidates for Federal office.
              (5) For purposes of the limitations provided by
            paragraph (1) and paragraph (2), all contributions made
            by political committees established or financed or
            maintained or controlled by any corporation, labor
            organization, or any other person, including any
            parent, subsidiary, branch, division, department, or
            local unit of such corporation, labor organization, or
            any other person, or by any group of such persons,
            shall be considered to have been made by a single
            political committee, except that
                      (A) nothing in this sentence shall limit
                    transfers between political committees of funds
                    raised through joint fundraising 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, all such
            separate segregated funds shall be treated as a single
            separate segregated fund for purposes of the
            limitations provided by paragraph (1) and paragraph
            (2).
              (6) The limitations on contributions to a candidate
            imposed by paragraphs (1) and (2) of this subsection
            shall apply separately with respect to each election,
            except that all elections held in any calendar year for
            the office of President of the United States (except a
            general election for such office) shall be considered
            to be one election.
              (7) For 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) expenditures made by any person (other
                    than a candidate or candidate's authorized
                    committee) in cooperation, consultation, or
                    concert, with, or at the request or suggestion
                    of, a national, State, or local committee of a
                    political party, shall be considered to be
                    contributions made to such party committee; and
                      (iii) 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) if--
                              (i) any person makes, or contracts to
                            make, any disbursement for any
                            electioneering communication (within
                            the meaning of section 304(f)(3)) (2
                            U.S.C. Sec. 434(f)(3)); and
                              (ii) such disbursement is coordinated
                            with a candidate or an authorized
                            committee of such candidate, a Federal,
                            State, or local political party or
                            committee thereof, or an agent or
                            official of any such candidate, party,
                            or committee;
                    such disbursement or contracting shall be
                    treated as a contribution to the candidate
                    supported by the electioneering communication
                    or that candidate's party and as an expenditure
                    by that candidate or that candidate's party;
                    and
                      (D) 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
                    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)(A) 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.
              (B) Except as provided in subparagraph (C), in any
            calendar year after 2002--
                      (i) a limitation established by subsections
                    (a)(1)(A), (a)(I)(B), (a)(3), (b), (d), or (h)
                    shall be increased by the percent difference
                    determined under subparagraph (A);
                      (ii) each amount so increased shall remain in
                    effect for the calendar year; and
                      (iii) if any amount after adjustment under
                    clause (i) is not a multiple of $100, such
                    amount shall be rounded to the nearest multiple
                    of $100.
              (C) In the case of limitations under subsections
            (a)(I)(A), (a)(I)(B), (a)(3), and (h), increases shall
            only be made in odd numbered years and such increases
            shall remain in effect for the 2-year period beginning
            on the first day following the date of the last general
            election in the year preceding the year in which the
            amount is increased and ending on the date of the next
            general election.
              (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--
                              (i) for purposes of subsections (b)
                            and (d), calendar year 1974; and
                              (ii) for purposes of subsections
                            (a)(1)(A), (a)(1)(B), (a)(3), and (h),
                            calendar year 2001.
        (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), (3) and (4) 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.
              (4) Independent versus coordinated expenditures by
            party.
                      (A) In general. On or after the date on which
                    a political party nominates a candidate, no
                    committee of the political party may make--
                              (i) any coordinated expenditure under
                            this subsection with respect to the
                            candidate during the election cycle at
                            any time after it makes any independent
                            expenditure (as defined in section
                            301(17)) (2 U.S.C. Sec. 431(17)) with
                            respect to the candidate during the
                            election cycle; or
                              (ii) any independent expenditure (as
                            defined in section 301(17)) (2 U.S.C.
                            Sec. 431(17)) with respect to the
                            candidate during the election cycle at
                            any time after it makes any coordinated
                            expenditure under this subsection with
                            respect to the candidate during the
                            election cycle.
                      (B) Application. For purposes of this
                    paragraph, all political committees established
                    and maintained by a national political party
                    (including all congressional campaign
                    committees) and all political committees
                    established and maintained by a State political
                    party (including any subordinate committee of a
                    State committee) shall be considered to be a
                    single political committee.
                      (C) Transfers. A committee of a political
                    party that makes coordinated expenditures under
                    this subsection with respect to a candidate
                    shall not, during an election cycle, transfer
                    any funds to, assign authority to make
                    coordinated expenditures under this subsection
                    to, or receive a transfer of funds from. a
                    committee of the political party that has made
                    or intends to make an independent expenditure
                    with respect to the candidate.
        (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 term ``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
    expenditure 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 $35,000 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.
        (i) Increased limit to allow response to expenditures from
    personal funds.
              (1) Increase.
                      (A) In general. Subject to paragraph (2), if
                    the opposition personal funds amount with
                    respect to a candidate for election to the
                    office of Senator exceeds the threshold amount,
                    the limit under subsection (a)(1)(A) (in this
                    subsection referred to as the `applicable
                    limit') with respect to that candidate shall be
                    the increased limit.
                      (B) Threshold amount.
                              (i) State-by-state competitive and
                            fair campaign formula. In this
                            subsection, the threshold amount with
                            respect to an election cycle of a
                            candidate described in subparagraph (A)
                            is an amount equal to the sum of--
                                      (I) $150,000; and
                                      (II) $0.04 multiplied by the
                                    voting age population.
                              (ii) Voting age population. In this
                            subparagraph, the term `voting age
                            population' means in the case of a
                            candidate for the office of Senator,
                            the voting age population of the State
                            of the candidate (as certified under
                            section 315(e)) (2 U.S.C.
                            Sec. 441a(e)).
                      (C) Increased limit. Except as provided in
                    clause (ii), for purposes of subparagraph (A),
                    if the opposition personal funds amount is
                    over--
                              (i) 2 times the threshold amount, but
                            not over 4 times that amount--
                                      (I) the increased limit shall
                                    be 3 times the applicable
                                    limit; and
                                      (II) the limit under
                                    subsection (a)(3) shall not
                                    apply with respect to any
                                    contribution made with respect
                                    to a candidate if such
                                    contribution is made under the
                                    increased limit of subparagraph
                                    (A) during a period in which
                                    the candidate may accept such a
                                    contribution;
                              (ii) 4 times the threshold amount,
                            but not over 10 times the amount--
                                      (I) the increased limit shall
                                    be 6 times the applicable
                                    limit; and
                                      (II) the limit under
                                    subsection (a)(3) shall not
                                    apply with respect to any
                                    contribution made with respect
                                    to a candidate if such
                                    contribution is made under the
                                    increased limit of subparagraph
                                    (A) during a period in which
                                    the candidate may accept such a
                                    contribution; and
                              (iii) 10 times the threshold amount--
                                      (I) the increased limit shall
                                    be 6 times the applicable
                                    limit;
                                      (II) the limit under
                                    subsection (a)(3) shall not
                                    apply with respect to any
                                    contribution made with respect
                                    to a candidate if such
                                    contribution is made under the
                                    increased limit of subparagraph
                                    (A) during a period in which
                                    the candidate may accept such a
                                    contribution; and
                                      (III) the limits under
                                    subsection (d) with respect to
                                    any expenditure by a State or
                                    national committee of a
                                    political party shall not
                                    apply.
                      (D) Opposition personal funds amount. The
                    opposition personal funds amount is an amount
                    equal to the excess (if any) of--
                              (i) the greatest aggregate amount of
                            expenditures from personal funds (as
                            defined in section 304(a)(6)(B)) (2
                            U.S.C. Sec. 434(a)(6)(B)) that an
                            opposing candidate in the same election
                            makes; over
                              (ii) the aggregate amount of
                            expenditures from personal funds made
                            by the candidate with respect to the
                            election.
                      (E) Special rule for candidate's campaign
                    funds.
                              (i) In general. For purposes of
                            determining the aggregate amount of
                            expenditures from personal funds under
                            subparagraph (D)(ii), such amount shall
                            include the gross receipts advantage of
                            the candidate's authorized committee.
                              (ii) Gross receipts advantage. For
                            purposes of clause (i), the term `gross
                            receipts advantage' means the excess,
                            if any, of--
                                      (I) the aggregate amount of
                                    50 percent of gross receipts of
                                    a candidate's authorized
                                    committee during any election
                                    cycle (not including
                                    contributions from personal
                                    funds of the candidate) that
                                    may be expended in connection
                                    with the election, as
                                    determined on June 30 and
                                    December 31 of the year
                                    preceding the year in which a
                                    general election is held, over
                                      (II) the aggregate amount of
                                    50 percent of gross receipts of
                                    the opposing candidate's
                                    authorized committee during any
                                    election cycle (not including
                                    contributions from personal
                                    funds of the candidate) that
                                    may be expended in connection
                                    with the election, as
                                    determined on June 30 and
                                    December 31 of the year
                                    preceding the year in which a
                                    general election is held.
              (2) Time to accept contributions under increased
            limit.
                      (A) In general. Subject to subparagraph (B),
                    a candidate and the candidate's authorized
                    committee shall not accept any contribution,
                    and a party committee shall not make any
                    expenditure, under the increased limit under
                    paragraph (1)--
                              (i) until the candidate has received
                            notification of the opposition personal
                            funds amount under section 304(a)(6)(B)
                            (2 U.S.C. Sec. 434(a)(6)(B)); and
                              (ii) to the extent that such
                            contribution, when added to the
                            aggregate amount of contributions
                            previously accepted and party
                            expenditures previously made under the
                            increased limits under this subsection
                            for the election cycle, exceeds 110
                            percent of the opposition personal
                            funds amount.
                      (B) Effect of withdrawal of an opposing
                    candidate. A candidate and a candidate's
                    authorized committee shall not accept any
                    contribution and a party shall not make any
                    expenditure under the increased limit after the
                    date on which an opposing candidate ceases to
                    be a candidate to the extent that the amount of
                    such increased limit is attributable to such an
                    opposing candidate.
              (3) Disposal of excess contributions.
                      (A) In general. The aggregate amount of
                    contributions accepted by a candidate or a
                    candidate's authorized committee under the
                    increased limit under paragraph (1) and not
                    otherwise expended in connection with the
                    election with respect to which such
                    contributions relate shall, not later than 50
                    days after the date of such election, be used
                    in the manner described in subparagraph (B).
                      (B) Return to contributors. A candidate or a
                    candidate's authorized committee shall return
                    the excess contribution to the person who made
                    the contribution.
        (j) Limitation on repayment of personal loans. Any
    candidate who incurs personal loans made after the effective
    date of the Bipartisan Campaign Reform Act of 2002 in
    connection with the candidate's campaign for election shall not
    repay (directly or indirectly), to the extent such loans exceed
    $250,000, such loans from any contributions made to such
    candidate or any authorized committee of such candidate after
    the date of such election.

    2 U.S.C. Sec. 441a-l. Modification of certain limits for House
                        candidates in response to personal fund
                        expenditures of opponents

        (a) Availability of increased limit.
              (1) In general. Subject to paragraph (3), if the
            opposition personal funds amount with respect to a
            candidate for election to the office of Representative
            in, or Delegate or Resident Commissioner to, the
            Congress exceeds $350,000--
                      (A) the limit under subsection (a)(1)(A) (2
                    U.S.C. Sec. 441a(a)(1)(A)) with respect to the
                    candidate shall be tripled;
                      (B) the limit under subsection (a)(3) (2
                    U.S.C. Sec. 441a(a)(3)) shall not apply with
                    respect to any contribution made with respect
                    to the candidate if the contribution is made
                    under the increased limit allowed under
                    subparagraph (A) during a period in which the
                    candidate may accept such a contribution; and
                      (C) the limits under subsection (d) (2 U.S.C.
                    Sec. 441a(d)) with respect to any expenditure
                    by a State or national committee of a political
                    party on behalf of the candidate shall not
                    apply.
              (2) Determination of opposition personal funds
            amount.
                      (A) In general. The opposition personal funds
                    amount is an amount equal to the excess (if
                    any) of--
                              (i) the greatest aggregate amount of
                            expenditures from personal funds (as
                            defined in subsection (b)(1)) that an
                            opposing candidate in the same election
                            makes; over
                              (ii) the aggregate amount of
                            expenditures from personal funds made
                            by the candidate with respect to the
                            election.
                      (B) Special rule for candidate's campaign
                    funds.
                              (i) In general. For purposes of
                            determining the aggregate amount of
                            expenditures from personal funds under
                            subparagraph (A), such amount shall
                            include the gross receipts advantage of
                            the candidate's authorized committee.
                              (ii) Gross receipts advantage. For
                            purposes of clause (i), the term `gross
                            receipts advantage' means the excess,
                            if any, of--
                                      (I) the aggregate amount of
                                    50 percent of gross receipts of
                                    a candidate's authorized
                                    committee during any election
                                    cycle (not including
                                    contributions from personal
                                    funds of the candidate) that
                                    may be expended in connection
                                    with the election, as
                                    determined on June 30 and
                                    December 31 of the year
                                    preceding the year in which a
                                    general election is held, over
                                      (II) the aggregate amount of
                                    50 percent of gross receipts of
                                    the opposing candidate's
                                    authorized committee during any
                                    election cycle (not including
                                    contributions from personal
                                    funds of the candidate) that
                                    may be expended in connection
                                    with the election, as
                                    determined on June 30 and
                                    December 31 of the year
                                    preceding the year in which a
                                    general election is held.
              (3) Time to accept contributions under increased
            limit.
                      (A) In general. Subject to subparagraph (B),
                    a candidate and the candidate's authorized
                    committee shall not accept any contribution,
                    and a party committee shall not make any
                    expenditure, under the increased limit under
                    paragraph (1)--
                              (i) until the candidate has received
                            notification of the opposition personal
                            funds amount under subsection (b)(1);
                            and
                              (ii) to the extent that such
                            contribution, when added to the
                            aggregate amount of contributions
                            previously accepted and party
                            expenditures previously made under the
                            increased limits under this subsection
                            for the election cycle, exceeds 100
                            percent of the opposition personal
                            funds amount.
                      (B) Effect of withdrawal of an opposing
                    candidate. A candidate and a candidate's
                    authorized committee shall not accept any
                    contribution and a party shall not make any
                    expenditure under the increased limit after the
                    date on which an opposing candidate ceases to
                    be a candidate to the extent that the amount of
                    such increased limit is attributable to such an
                    opposing candidate.
              (4) Disposal of excess contributions.
                      (A) In general. The aggregate amount of
                    contributions accepted by a candidate or a
                    candidate's authorized committee under the
                    increased limit under paragraph (1) and not
                    otherwise expended in connection with the
                    election with respect to which such
                    contributions relate shall not later than 50
                    days after the date of such election, be used
                    in the manner described in subparagraph (B).
                      (B) Return to contributors. A candidate or a
                    candidate's authorized committee shall return
                    the excess contribution to the person who made
                    the contribution.
        (b) Notification of expenditures from personal funds.
              (1) In general.
                      (A) Definition of expenditure from personal
                    funds. In this paragraph, the term `expenditure
                    from personal funds' means--
                              (i) an expenditure made by a
                            candidate using personal funds; and
                              (ii) a contribution or loan made by a
                            candidate using personal funds or a
                            loan secured using such funds to the
                            candidate's authorized committee.
                      (B) Declaration of intent. Not later than the
                    date that is 15 days after the date on which an
                    individual becomes a candidate for the office
                    of Representative in, or Delegate or Resident
                    Commissioner to, the Congress, the candidate
                    shall file a declaration stating the total
                    amount of expenditures from personal funds that
                    the candidate intends to make, or to obligate
                    to make, with respect to the election that will
                    exceed $350,000.
                      (C) Initial notification. Not later than 24
                    hours after a candidate described in
                    subparagraph (B) makes or obligates to make an
                    aggregate amount of expenditures from personal
                    funds in excess of $350,000 in connection with
                    any election, the candidate shall file a
                    notification.
                      (D) Additional notification. After a
                    candidate files an initial notification under
                    subparagraph (C), the candidate shall file an
                    additional notification each time expenditures
                    from personal funds are made or obligated to be
                    made in an aggregate amount that exceeds
                    $10,000. Such notification shall be filed not
                    later than 24 hours after the expenditure is
                    made.
                      (E) Contents. A notification under
                    subparagraph (C) or (D) shall include--
                              (i) the name of the candidate and the
                            office sought by the candidate;
                              (ii) the date and amount of each
                            expenditure; and
                              (iii) the total amount of
                            expenditures from personal funds that
                            the candidate has made, or obligated to
                            make, with respect to an election as of
                            the date of the expenditure that is the
                            subject of the notification.
                      (F) Place of filing. Each declaration or
                    notification required to be filed by a
                    candidate under subparagraph (C), (D), or (E)
                    shall be filed with--
                              (i) the Commission; and
                              (ii) each candidate in the same
                            election and the national party of each
                            such candidate.
              (2) Notification of disposal of excess contributions.
            In the next regularly scheduled report after the date
            of the election for which a candidate seeks nomination
            for election to, or election to, Federal office, the
            candidate or the candidate's authorized committee shall
            submit to the Commission a report indicating the source
            and amount of any excess contributions (as determined
            under subsection (a) and the manner in which the
            candidate or the candidate's authorized committee used
            such funds.
              (3) Enforcement. For provisions providing for the
            enforcement of the reporting requirements under this
            subsection, see section 309 (2 U.S.C. Sec. 437g).

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

        (a) It is unlawful for any national bank; or any
    corporation organized by authority of any law of Congress, to
    make a contribution or expenditure in connection with any
    election to any political office, or in connection with any
    primary election or political convention or caucus held to
    select candidates for any political office, or for any
    corporation whatever, or any labor organization, to make a
    contribution or expenditure in connection with any election at
    which presidential and vice presidential electors or a Senator
    or Representative in, or a Delegate or Resident Commissioner
    to, Congress are to be voted for, or in connection with any
    primary election or political convention or caucus held to
    select candidates for any of the foregoing offices, or for any
    candidate, political committee, or other person knowingly to
    accept or receive any contribution prohibited by this section,
    or any officer or any director of any corporation or any
    national bank or any officer of any labor organization to
    consent to any contribution or expenditure by the corporation,
    national bank, or labor organization, as the case may be,
    prohibited by this section.
        (b)(1) For the purposes. of this section the term ``labor
    organization'' means any organization of any kind, or any
    agency or employee representation committee or plan, in which
    employees participate and which exists for the purpose, in
    whole or in part, of dealing with employers concerning
    grievances, labor disputes, wages, rates of pay, hours of
    employment, or conditions of work.
        (2) For purposes of this section and section 791(h) of
    title 15,\1\ the term ``contribution or expenditure'' includes
    a contribution or expenditure, as those terms are defined in
    section 301 (2 U.S.C. Sec. 431), and also includes 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 or for any applicable electioneering communication, but
    shall not include
    ---------------------------------------------------------------------------
        \1\ 15 U.S.C. Sec. 79l(h) provides:
        (h) Political contributions forbidden.
        It shall be unlawful for any registered holding company, or any
    subsidiary company thereof, by use of the mails or any means or
    instrumentality of interstate commerce, or otherwise, directly or
    indirectly--
        (1) to make any contribution whatsoever in connection with the
    candidacy, nomination, election or appointment of any person for or to
    any office or position in the Government of the United States, a State,
    or any political subdivision of a State, or any agency, authority, or
    instrumentality of any one or more of the foregoing; or
        (2) to make any contribution to or in support of any political
    party or any committee or agency thereof.
        The term ``contribution'' as used in this subsection includes any
    gift, subscription, loan, advance, or deposit of money or anything of
    value, and includes any contract, agreement, or promise, whether or not
    legally enforceable, to make a contribution.
    ---------------------------------------------------------------------------
              (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 such trade
    association in any calendar year.
        (5) Notwithstanding any other law, any method of soliciting
    voluntary contributions or of facilitating the making of
    voluntary contributions to a separate segregated fund
    established by a corporation, permitted by law to corporations
    with regard to stockholders and executive or administrative
    personnel, shall also be permitted to labor organizations with
    regard to their members.
        (6) Any corporation, including its subsidiaries, branches,
    divisions, and affiliates, that utilizes a method of soliciting
    voluntary contributions or facilitating the making of voluntary
    contributions, shall make available such method, on written
    request and at a cost sufficient only to reimburse the
    corporation for the expenses incurred thereby, to a labor
    organization representing any members working for such
    corporation, its subsidiaries, branches, divisions, and
    affiliates.
        (7) For purposes of this section, the term ``executive or
    administrative personnel'' means individuals employed by a
    corporation who are paid on a salary, rather than hourly, basis
    and who have policymaking, managerial, professional, or
    supervisory responsibilities.
        (c) Rules relating to electioneering communications.
              (1) Applicable electioneering communication. For
            purposes of this section, the term `applicable
            electioneering communication' means an electioneering
            communication (within the meaning of section 304(f)(3))
            (2 U.S.C. Sec. 434(f)(3)) which is made by any entity
            described in subsection (a) of this section or by any
            other person using funds donated by an entity described
            in subsection (a) of this section.
              (2) Exception. Notwithstanding paragraph (1), the
            term `applicable electioneering communication' does not
            include a communication by a section 501(c)(4)
            organization or a political organization (as defined in
            section 527(e)(1) of the Internal Revenue Code of 1986)
            made under section 304(f)(2)(E) or (F) of this Act (2
            U.S.C. Sec. 434(f)(2)(E) or (F)) if the communication
            is paid for exclusively by funds provided directly by
            individuals who are United States citizens or nationals
            or lawfully admitted for permanent residence (as
            defined in section 101(a)(20) of the Immigration and
            Nationality Act (8 U.S.C. Sec. 1101(a)(20))). For
            purposes of the preceding sentence, the term `provided
            directly by individuals' does not include funds the
            source of which is an entity described in subsection
            (a) of this section.
              (3) Special operating rules.
                      (A) Definition under paragraph (1). An
                    electioneering communication shall be treated
                    as made by an entity described in subsection
                    (a) if an entity described in subsection (a)
                    directly or indirectly disburses any amount for
                    any of the costs of the communication.
                      (B) Exception under paragraph (2). A section
                    501(c)(4) organization that derives amounts
                    from business activities or receives funds from
                    any entity described in subsection (a) shall be
                    considered to have paid for any communication
                    out of such amounts unless such organization
                    paid for the communication out of a segregated
                    account to which only individuals can
                    contribute, as described in section
                    304(f)(2)(E) (2 U.S.C. Sec. 434(f)(2)(E)).
              (4) Definitions and rules. For purposes of this
            subsection--
                      (A) the term `section 501(c)(4) organization'
                    means--
                              (i) an organization described in
                            section 501(c)(4) of the Internal
                            Revenue Code of 1986 and exempt from
                            taxation under section 501(a) of such
                            Code; or
                              (ii) an organization which has
                            submitted an application to the
                            Internal Revenue Service for
                            determination of its status as an
                            organization described in clause (i);
                            and
                      (B) a person shall be treated as having made
                    a disbursement if the person has executed a
                    contract to make the disbursement.
              (5) Coordination with Internal Revenue Code. Nothing
            in this subsection shall be construed to authorize an
            organization exempt from taxation under section 501(a)
            of the Internal Revenue Code of 1986 to carry out any
            activity which is prohibited under such Code.
              (6) Special rules for targeted communication.
                      (A) Exception does not apply. Paragraph (2)
                    shall not apply in the case of a targeted
                    communication that is made by an organization
                    described in such paragraph.
                      (B) Targeted communication. For purposes of
                    subparagraph (A), the term `targeted
                    communication' means an electioneering
                    communication (as defined in section 304(f)(3))
                    (2 U.S.C. Sec. 434(f)(3)) that is distributed
                    from a television or radio broadcast station or
                    provider of cable or satellite television
                    service and, in the case of a communication
                    which refers to a candidate for an office other
                    than President or Vice President, is targeted
                    to the relevant electorate.
                      (C) Definition. For purposes of this
                    paragraph, a communication is `targeted to the
                    relevant electorate' if it meets the
                    requirements described in section 304(f)(3)(C)
                    (2 U.S.C. Sec. 434(f)(3)(C)).

    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 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 implied 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 segregated 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.

    2 U.S.C. Sec. 441d. Publication and distribution of statements and
                        solicitations; charge for newspaper or magazine
                        space

        (a) Whenever a political committee makes a disbursement for
    the purpose of financing any communication through any
    broadcasting station, newspaper, magazine, outdoor advertising
    facility, mailing, or any other type of general public
    political advertising, or whenever any person makes a
    disbursement 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, mailing, or any other type of general public
    political advertising or makes a disbursement for an
    electioneering communication (as defined in section 304(f)(3))
    (2 U.S.C. Sec. 434(f)(3)), 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 and permanent street
            address, telephone number or World Wide Web address 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.
        (c) Specification. Any printed communication described in
    subsection (a) shall--
              (1) be of sufficient type size to be clearly readable
            by the recipient of the communication;
              (2) be contained in a printed box set apart from the
            other contents of the communication; and
              (3) be printed with a reasonable degree of color
            contrast between the background and the printed
            statement.
        (d) Additional requirements.
              (1) Communications by candidates or authorized
            persons.
                      (A) By radio. Any communication described in
                    paragraph (1) or (2) of subsection (a) which is
                    transmitted through radio shall include, in
                    addition to the requirements of that paragraph,
                    an audio statement by the candidate that
                    identifies the candidate and states that the
                    candidate has approved the communication.
                      (B) By television. Any communication
                    described in paragraph (1) or (2) of subsection
                    (a) which is transmitted through television
                    shall include, in addition to the requirements
                    of that paragraph, a statement that identifies
                    the candidate and states that the candidate has
                    approved the communication. Such statement--
                              (i) shall be conveyed by--
                                      (I) an unobscured, full-
                                    screen view of the candidate
                                    making the statement, or
                                      (II) the candidate in voice-
                                    over, accompanied by a clearly
                                    identifiable photographic or
                                    similar image of the candidate;
                                    and
                              (ii) shall also appear in writing at
                            the end of the communication in a
                            clearly readable manner with a
                            reasonable degree of color contrast
                            between the background and the printed
                            statement, for a period of at least 4
                            seconds.
              (2) Communications by others. Any communication
            described in paragraph (3) of subsection (a) which is
            transmitted through radio or television shall include,
            in addition to the requirements of that paragraph, in a
            clearly spoken manner, the following audio statement:
            `___ is responsible for the content of this
            advertising.' (with the blank to be filled in with the
            name of the political committee or other person paying
            for the communication and the name of any connected
            organization of the payor). If transmitted through
            television, the statement shall be conveyed by an
            unobscured, full-screen view of a representative of the
            political committee or other person making the
            statement, or by a representative of such political
            committee or other person in voice-over, and shall also
            appear in a clearly readable manner with a reasonable
            degree of color contrast between the background and the
            printed statement, for a period of at least 4 seconds.

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

          (a) Prohibition. It shall be unlawful for--
              (1) a foreign national, directly or indirectly, to
            make--
                      (A) a contribution or donation of money or
                    other thing of value, or to make an express or
                    implied promise to make a contribution or
                    donation, in connection with a Federal, State,
                    or local election;
                      (B) a contribution or donation to a committee
                    of a political party; or
                      (C) an expenditure, independent expenditure,
                    or disbursement for an electioneering
                    communication (within the meaning of section
                    304(f)(3)) (2 U.S.C. Sec. 434(f)(3)); or
              (2) a person to solicit, accept, or receive a
            contribution or donation described in subparagraph (A)
            or (B) of paragraph (1) 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 or a national of the United States (as defined
            in section 101(a)(22) of the Immigration and
            Nationality Act) and who is not lawfully admitted for
            permanent residence, as defined by section 1101(a)(20)
            of title 8.

    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.

    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.

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

        (a) In general. 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).
        (b) Fraudulent solicitation of funds. No person shall--
              (1) fraudulently misrepresent the person as speaking,
            writing, or otherwise acting for or on behalf of any
            candidate or political party or employee or agent
            thereof for the purpose of soliciting contributions or
            donations; or
              (2) willfully and knowingly participate in or
            conspire to participate in any plan, scheme, or design
            to violate paragraph (1).

    2 U.S.C. Sec. 441i. Soft money of political parties

        (a) National committees.
              (1) In general. A national committee of a political
            party (including a national congressional campaign
            committee of a political party) may not solicit,
            receive, or direct to another person a contribution,
            donation, or transfer of funds or any other thing of
            value, or spend any funds, that are not subject to the
            limitations, prohibitions, and reporting requirements
            of this Act.
              (2) Applicability. The prohibition established by
            paragraph (1) applies to any such national committee,
            any officer or agent acting on behalf of such a
            national committee, and any entity that is directly or
            indirectly established, financed, maintained, or
            controlled by such a national committee.
        (b) State, district and local committees.
              (1) In general. Except as provided in paragraph (2),
            an amount that is expended or disbursed for Federal
            election activity by a State, district, or local
            committee of a political party (including an entity
            that is directly or indirectly established, financed,
            maintained, or controlled by a State, district, or
            local committee of a political party and an officer or
            agent acting on behalf of such committee or entity), or
            by an association or similar group of candidates for
            State or local office or of individuals holding State
            or local office, shall be made from funds subject to
            the limitations, prohibitions, and reporting
            requirements of this Act.
              (2) Applicability.
                      (A) In general. Notwithstanding clause (i) or
                    (ii) of section 301(20)(A) (2 U.S.C.
                    Sec. 431(20)(A)), and subject to subparagraph
                    (B), paragraph (1) shall not apply to any
                    amount expended or disbursed by a State,
                    district, or local committee of a political
                    party for an activity described in either such
                    clause to the extent the amounts expended or
                    disbursed for such activity are allocated
                    (under regulations prescribed by the
                    Commission) among amounts--
                              (i) which consist solely of
                            contributions subject to the
                            limitations, prohibitions, and
                            reporting requirements of this Act
                            (other than amounts described in
                            subparagraph (B)(iii)); and
                              (ii) other amounts which are not
                            subject to the limitations,
                            prohibitions, and reporting
                            requirements of this Act (other than
                            any requirements of this subsection).
                      (B) Conditions. Subparagraph (A) shall only
                    apply if--
                              (i) the activity does not refer to a
                            clearly identified candidate for
                            Federal office;
                              (ii) the amounts expended or
                            disbursed are not for the costs of any-
                            broadcasting, cable, or satellite
                            communication, other than a
                            communication which refers solely to a
                            clearly identified candidate for State
                            or local office;
                              (iii) the amounts expended or
                            disbursed which are described in
                            subparagraph (A)(ii) are paid from
                            amounts which are donated in accordance
                            with State law and which meet the
                            requirements of subparagraph (C),
                            except that no person (including any
                            person established, financed,
                            maintained, or controlled by such
                            person) may donate more than $10,000 to
                            a State, district, or local committee
                            of a political party in a calendar year
                            for such. expenditures or
                            disbursements; and
                              (iv) the amounts expended or
                            disbursed are made solely from funds
                            raised by the State, local, or district
                            committee which makes such expenditure
                            or disbursement, and do not include any
                            funds provided to such committee from--
                                      (I) any other State, local,
                                    or district committee of any
                                    State party,
                                      (II) the national committee
                                    of a political party (including
                                    a national congressional
                                    campaign committee of a
                                    political party),
                                      (III) any officer or agent
                                    acting on behalf of any
                                    committee described in
                                    subclause (I) or (II), or
                                      (IV) any entity directly or
                                    indirectly established,
                                    financed, maintained, or
                                    controlled by any committee
                                    described in subclause (I) or
                                    (II)
                      (C) Prohibiting involvement of national
                    parties, federal candidates and officeholders,
                    and state parties acting jointly.
                    Notwithstanding subsection (e) (other than
                    subsection. (e)(3)), amounts specifically
                    authorized to be spent under subparagraph
                    (B)(iii) meet the requirements of this
                    subparagraph only if the amounts--
                              (i) are not solicited, received,
                            directed, transferred, or spent by or
                            in the name of any person described in
                            subsection (a) or (e); and
                              (ii) are not solicited, received, or
                            directed through fundraising activities
                            conducted jointly by 2 or more State,
                            local, or district committees of any
                            political party or their agents, or by
                            a State, local, or district committee
                            of a political party on behalf of the
                            State, local, or district committee of
                            a political party or its agent in one
                            or more other States.
        (c) Fundraising costs. An amount spent by a person
    described in subsection (a) or (b) to raise funds that are
    used, in whole or in part, for expenditures and disbursements
    for a Federal election activity shall be made from funds
    subject to the limitations, prohibitions, and reporting
    requirements of this Act.
        (d) Tax-exempt organizations. A national, State, district,
    or local committee of a political party (including a national
    congressional campaign committee of a political party), an
    entity that is directly or indirectly established, financed,
    maintained, or controlled by any such national, State,
    district, or local committee or its agent, and an officer or
    agent acting on behalf of any such party committee or entity,
    shall not solicit any funds for, or make or direct any
    donations to--
              (1) an organization that is described in section
            501(c) of the Internal Revenue Code of 1986 and exempt
            from taxation under section 501(a) of such Code (or has
            submitted an application for determination of tax
            exempt status under such section) and that makes
            expenditures or disbursements in connection with an
            election for Federal office (including expenditures or
            disbursements for Federal election activity); or
              (2) an organization described in section 527 of such
            Code (other than a political committee, a State,
            district, or local committee of a political party, or
            the authorized campaign committee of a candidate for
            State or local office).
        (e) Federal candidates.
              (1) In general. A candidate, individual holding
            Federal office, agent of a candidate or an individual
            holding Federal office, or an entity directly or
            indirectly established, financed, maintained or
            controlled by or acting on behalf of 1 or more
            candidates or individuals holding Federal office, shall
            not--
                      (A) solicit, receive, direct, transfer, or
                    spend funds in connection with an election for
                    Federal office, including funds for any Federal
                    election activity, unless the funds are subject
                    to the limitations, prohibitions, and reporting
                    requirements of this Act; or
                      (B) solicit, receive, direct, transfer, or
                    spend funds in connection with any election
                    other than an election for Federal office or
                    disburse funds in connection with such an
                    election unless the funds--
                              (i) are not in excess of the amounts
                            permitted with respect to contributions
                            to candidates and political committees
                            under paragraphs (1), (2), and (3) of
                            section 315(a) (2 U.S.C. Sec. 441a(a));
                            and
                              (ii) are not from sources prohibited
                            by this Act from making contributions
                            in connection with an election for
                            Federal office.
              (2) State law. Paragraph (1) does not apply to the
            solicitation, receipt, or spending of funds by an
            individual described in such paragraph who is or was
            also a candidate for a State or local office solely in
            connection with such election for State or local office
            if the, solicitation, receipt, or spending of funds is
            permitted under State law and refers only to such State
            or local candidate, or to any other candidate for the
            State or local office sought by such candidate, or
            both.
              (3) Fundraising events. Notwithstanding paragraph (1)
            or subsection (b)(2)(C), a candidate or an individual
            holding Federal office may attend, speak, or be a
            featured guest at a fundraising event for a State,
            district, or local committee of a political party.
              (4) Permitting certain solicitations.
                      (A) General solicitations. Notwithstanding
                    any other provision of this subsection, an
                    individual described in paragraph (1) may make
                    a general solicitation of funds on behalf of
                    any organization that is described in section
                    501 (c) of the Internal Revenue Code of 1986
                    and exempt from taxation under section 501(a)
                    of such Code (or has submitted an application
                    for determination of tax exempt status under
                    such section) (other than an entity whose
                    principal purpose is to conduct activities
                    described in clauses (i) and (ii) of section
                    301(20)(A) (2 U.S.C. Sec. 43 1 (20)(A)) where
                    such solicitation does not specify how the
                    funds will or should be spent.
                      (B) Certain specific solicitations. In
                    addition to the general solicitations permitted
                    under subparagraph (A), an individual described
                    in paragraph (1) may make a solicitation
                    explicitly to obtain funds for carrying out the
                    activities described in clauses (i) and (ii) of
                    section 301(20)(A) (2) U.S.C. Sec. 431(20)(A)),
                    or for an entity whose principal purpose is to
                    conduct such activities, if--
                              (i) the solicitation is made only to
                            individuals; and
                              (ii) the amount solicited from any
                            individual during any calendar year
                            does not exceed $20,000.
        (f) State candidates.
              (1) In general. A candidate for State or local
            office, individual holding State or local office, or an
            agent of such a candidate or individual may not spend
            any funds for a communication described in section
            301(20)(A)(iii) (2 U.S.C. Sec. 431(20)(A)(iii)) unless
            the funds are subject to the limitations, prohibitions,
            and reporting requirements of this Act.
              (2) Exception for certain communications. Paragraph
            (1) shall not apply to an individual described in such
            paragraph if the communication involved is in
            connection with an election for such State or local
            office and refers only to such individual or to any
            other candidate for the State or local office held or
            sought by such individual, or both.

    2 U.S.C. Sec. 441j. Repealed

    2 U.S.C. Sec. 441k. Prohibition of contributions by minors

        An individual who is 17 years old or younger shall not make
    a contribution to a candidate or a contribution or donation to
    a committee of a political party.

    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.

                       Subchapter II--General provisions

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

        The Secretary of Transportation, the Federal Communications
    Commission, and the Surface Transportation Board shall each
    maintain its own regulations with respect to the extension of
    credit, without security, by any person regulated by the
    Secretary under subpart II of part A of subtitle VII of Title
    49, or such Commission or Board, to any candidate for Federal
    office, or to any person on behalf of such a candidate, for
    goods furnished or services rendered in connection with the
    campaign of such candidate for nomination for election, or
    election, to such office.

    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. Sec. 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 Office of Economic Opportunity who,
    in his official capacity as such an officer or employee,
    engages in any such activity.

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

        (a) In general. Subject to subsection (b), 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.
        (b) State and local committees of political parties.
    Notwithstanding any other provision of this Act, a State or
    local committee of a political party may, subject to State law,
    use exclusively funds that are not subject to the prohibitions,
    limitations, and reporting requirements of the Act for the
    purchase or construction of an office building for such State
    or local committee.

    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.

    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 5
    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 commission 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.
           D. FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

                                  ----------

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

    5 U.S.C. App. 4 Sec. 102. Contents of reports

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

    5 U.S.C. App. 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. 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. 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. 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. 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. 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. 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. Sec. 101 et seq.].
        (h)(1) The reports required under this title shall be filed
    by a reporting individual with--
              (A)(i)(I) the Clerk of the House of Representatives,
            in the case of a Representative in Congress, a Delegate
            to Congress, the Resident Commissioner from Puerto
            Rico, an officer or employee of the Congress whose
            compensation is disbursed by the Chief Administrative
            Officer of the House of Representatives, an officer or
            employee of the Architect of the Capitol, the United
            States Botanic Garden, the Congressional Budget Office,
            the Government Printing Office, the Library of
            Congress, or the Copyright Royalty Tribunal (including
            any individual terminating service, under section
            101(e), in any office or position referred to in this
            subclause), or an individual described in section
            101(c) who is a candidate for nomination or election as
            a Representative in Congress, a Delegate to Congress,
            or the Resident Commissioner from Puerto Rico; and
              (II) the Secretary of the Senate, in the case of a
            Senator, an officer or employee of the Congress whose
            compensation is disbursed by the Secretary of the
            Senate, an officer or employee of the General
            Accounting Office, the Office of Technology Assessment,
            or the Office of the Attending Physician (including any
            individual terminating service, under section 101(2) [5
            U.S.C. App. 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 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. Sec. 101 et seq.] by a Member or an individual who
    is a candidate for the office of Member shall be sent by the
    Clerk of the House of Representatives or Secretary of the
    Senate, as the case may be, to the appropriate State officer
    designated under section 316(a) of the Federal Election
    Campaign Act of 1971 [2 U.S.C. Sec. 439(a)] of the State
    represented by the Member or in which the individual is a
    candidate, as the case may be, within the thirty-day period
    beginning on the day the report is filed with the Clerk or
    Secretary.
        (j)(1) A copy of each report filed under this title [5
    U.S.C. App. 4 Sec. Sec. 101 et seq.] with the Clerk of the
    House of Representatives shall be sent by the Clerk to the
    Committee on Standards of Official Conduct of the House of
    Representatives within the 7-day period beginning on the day
    the report is filed.
        (2) A copy of each report filed under this title [5 U.S.C.
    App. 4 Sec. Sec. 101 et seq.] with the Secretary of the Senate
    shall be sent by the Secretary to the Select Committee on
    Ethics of the Senate within the 7-day period beginning on the
    day the report is filed.
        (k) In carrying out their responsibilities under this title
    [5 U.S.C. App. 4 Sec. Sec. 101 et seq.] with respect to
    candidates for office, the Clerk of the House of
    Representatives and the Secretary of the Senate shall avail
    themselves of the assistance of the Federal Election
    Commission. The Commission shall make available to the Clerk
    and the Secretary on a regular basis a complete list of names
    and addresses of all candidates registered with the Commission,
    and shall cooperate and coordinate its candidate information
    and notification program with the Clerk and the Secretary to
    the greatest extent possible.
    Pub.L. 95-521, Title II, Sec. 103; as amended June 13, 1979,
                Pub.L. 96-19, Sec. Sec. 4(b)(2), 9(a), 93 Stat. 40,
                42; Nov. 30, 1989, Pub.L. 101-194, Title II,
                Sec. 202, 103 Stat. 1736; May 4, 1990, Pub.L. 101-
                280, Sec. 3(1), (4), 104 Stat. 152, 153; Pub.L.
                102-90, Title III, Sec. 313(1), 105 Stat. 469, Aug.
                14, 1991; Pub.L. 104-186, title II, Sec. 216(1),
                Aug. 20, 1996, 110 Stat. 1747.

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

        (a) Each agency, each supervising ethics office in the
    executive or judicial branch, the Clerk of the House of
    Representatives, and the Secretary of the Senate shall make
    available to the public, in accordance with subsection (b),
    each report filed under this title with such agency or office
    or with the Clerk or the Secretary of the Senate, except that--
              (1) this section does not require public availability
            of a report filed by any individual in the Central
            Intelligence Agency, the Defense Intelligence Agency,
            or the National Imagery and Mapping Agency, or the
            National Security Agency, or any individual engaged in
            intelligence activities in any agency of the United
            States, if the President finds or has found that, due
            to the nature of the office or position occupied by
            such individual, public disclosure of such report
            would, be \1\ revealing the identity of the individual
            or other sensitive information, compromise the national
            interest of the United States; and such individuals may
            be authorized, notwithstanding section 104(a), to file
            such additional reports as are necessary to protect
            their identity from public disclosure if the President
            first finds or has found that such filing is necessary
            in the national interest; and
    ---------------------------------------------------------------------------
        \1\ So in original. Probably should be ``by''.
    ---------------------------------------------------------------------------
              (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. 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. Sec. 101 et seq.] by such agency or office
    or by the Clerk or the Secretary of the Senate, as the case may
    be, permit inspection of such report by or furnish a copy of
    such report to any person requesting such inspection or copy.
    With respect to any report required to be filed by May 15 of
    any year, such report shall be made available for public
    inspection within 30 calendar days after May 15 of such year or
    within 30 days of the date of filing such a report for which an
    extension is granted pursuant to section 101(g). The agency,
    office, Clerk, or Secretary of the Senate, as the case may be
    may require a reasonable fee to be paid in any amount which is
    found necessary to recover the cost of reproduction or mailing
    of such report excluding any salary of any employee involved in
    such reproduction or mailing. A copy of such report may be
    furnished without charge or at a reduced charge if it is
    determined that waiver or reduction of the fee is in the public
    interest.
        (2) Notwithstanding paragraph (1), a report may not be made
    available under this section to any person nor may any copy
    thereof be provided under this section to any person except
    upon a written application by such person stating--
              (A) that person's name, occupation and address;
              (B) the name and address of any other person or
            organization on whose behalf the inspection or copy is
            requested; and
              (C) that such person is aware of the prohibitions on
            the obtaining or use of the report.
        Any such application shall be made available to the public
    throughout the period during which the report is made available
    to the public.
        (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. 4 Sec. Sec. 101 et seq.] shall be retained
    by such agency or office or by the Clerk or the Secretary of
    the Senate, as the case may be. Such report shall be made
    available to the public for a period of six years after receipt
    of the report. After such six-year period the report shall be
    destroyed unless needed in an ongoing investigation, except
    that in the case of an individual who filed the report pursuant
    to section 101(b) [5 U.S.C. App. 4 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. 4 Sec. 101(c)] and
    was not subsequently elected, such reports shall be destroyed
    one year after the individual either is no longer under
    consideration by the Senate or is no longer a candidate for
    nomination or election to the Office of President, Vice
    President, or as a Member of Congress, unless needed in an
    ongoing investigation.
    Pub.L. 95-521, Title II, Sec. 105; as amended Nov. 30, 1989,
                Pub.L. 101-194, Title II, Sec. 202, 103 Stat. 1737;
                May 4, 1990, Pub.L. 101-280, Sec. 3(6), 104 Stat.
                154; Pub.L. 102-90, Title III, Sec. 313(2), 105
                Stat. 469, Aug. 14, 1991; Pub.L. 104-201, Div. A,
                title XI, Sec. 1122(b)(2), Sept. 23, 1996, 110
                Stat. 2687; 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. 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. 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. Sec. 101 et seq.]
    is reviewed within sixty days after the date of such filing.
        (b)(1) If after reviewing any report under subsection (a),
    the Director of the Office of Government Ethics, the Secretary
    concerned, the designated agency ethics official, a person
    designated by the congressional ethics committee, or a person
    designated by the Judicial Conference, as the case may be, is
    of the opinion that on the basis of information contained in
    such report the individual submitting such report is in
    compliance with applicable laws and regulations, he shall state
    such opinion on the report, and shall sign such report.
        (2) If the Director of the Office of Government Ethics, the
    Secretary concerned, the designated agency ethics official, a
    person designated by a congressional ethics committee, or a
    person designated by the Judicial Conference, after reviewing
    any report under subsection (a)--
              (A) believes additional information is required to be
            submitted, he shall notify the individual submitting
            such report what additional information is required and
            the time by which it must be submitted, or
              (B) is of the opinion, on the basis of information
            submitted, that the individual is not in compliance
            with applicable laws and regulations, he shall notify
            the individual, afford a reasonable opportunity for a
            written or oral response, and after consideration of
            such response, reach an opinion as to whether or not,
            on the basis of information submitted, the individual
            is in compliance with such laws and regulations.
        (3) If the Director of the Office of Government Ethics, the
    Secretary concerned, the designated agency ethics official, a
    person designated by a congressional ethics committee, or a
    person designated by the Judicial Conference, reaches an
    opinion under paragraph (2)(B) that an individual is not in
    compliance with applicable laws and regulations, the official
    or committee shall notify the individual of that opinion and,
    after an opportunity for personal consultation (if
    practicable), determine and notify the individual of which
    steps, if any, would in the opinion of such official or
    committee be appropriate for assuring compliance with such laws
    and regulations and the date by which such steps should be
    taken. Such steps may include, as appropriate--
              (A) divestiture,
              (B) restitution,
              (C) the establishment of a blind trust,
              (D) request for an exemption under section 208(b) of
            title 18, United States Code, or
              (E) voluntary request for transfer, reassignment,
            limitation of duties, or resignation.
        The use of any such steps shall be in accordance with such
    rules or regulations as the supervising ethics office may
    prescribe.
        (4) If steps for assuring compliance with applicable laws
    and regulations are not taken by the date set under paragraph
    (3) by an individual in a position in the executive branch
    (other than in the Foreign Service or the uniformed services),
    appointment to which requires the advice and consent of the
    Senate, the matter shall be referred to the President for
    appropriate action.
        (5) If steps for assuring compliance with applicable laws
    and regulations are not taken by the date set under paragraph
    (3) by a member of the Foreign Service or the uniformed
    services, the Secretary concerned shall take appropriate
    action.
        (6) If steps for assuring compliance with applicable laws
    and regulations are not taken by the date set under paragraph
    (3) by any other officer or employee, the matter shall be
    referred to the head of the appropriate agency, the
    congressional ethics committee, or the Judicial Conference, for
    appropriate action; except that in the case of the Postmaster
    General or Deputy Postmaster General, the Director of the
    Office of Government Ethics shall recommend to the Governors of
    the Board of Governors of the United States Postal Service the
    action to be taken.
        (7) Each supervising ethics office may render advisory
    opinions interpreting this title [5 U.S.C. App. 4 Sec. Sec. 101
    et seq.] within its respective jurisdiction. Notwithstanding
    any other provision of law, the individual to whom a public
    advisory opinion is rendered in accordance with this paragraph,
    and any other individual covered by this title [5 U.S.C. App. 4
    Sec. Sec. 101 et seq.] who is involved in a fact situation
    which is indistinguishable in all material aspects, and who
    acts in good faith in accordance with the provisions and
    findings of such advisory opinion shall not, as a result of
    such act, be subject to any penalty or sanction provided by
    this title [5 U.S.C. App. 4 Sec. Sec. 101 et seq.].
    Pub.L. 95-521, Title II, Sec. 106; as amended Nov. 30, 1989,
                Pub.L. 101-194, Title II, Sec. 202, 103 Stat. 1739;
                May 4, 1990, Pub.L. 101-280, Sec. 3(1), (7), 104
                Stat. 152, 155.

    5 U.S.C. App. 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. 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. 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. Sec. 101 et seq.] from such requirement.
        (b) The provisions of this title [5 U.S.C. App. 4
    Sec. Sec. 101 et seq.] requiring the reporting of information
    shall supersede any general requirement under any other
    provision of law or regulation with respect to the reporting of
    information required for purposes of preventing conflicts of
    interest or apparent conflicts of interest. Such provisions of
    this title [5 U.S.C. App. 4 Sec. Sec. 101 et seq.] shall not
    supersede the requirements of section 7342 of title 5, United
    States Code.
        (c) Nothing in this Act requiring reporting of information
    shall be deemed to authorize the receipt of income, gifts, or
    reimbursements; the holding of assets, liabilities, or
    positions; or the participation in transactions that are
    prohibited by law, Executive order, rule, or regulation.
    Pub.L. 95-521, Title II, Sec. 107; as amended June 13, 1979,
                Pub.L. 96-19, Sec. 9(d), (g), 93 Stat. 42, 43; Nov.
                30, 1989, Pub.L. 101-194, Title II, Sec. 202, 103
                Stat. 1740.

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

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

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

        For the purposes of this title [5 U.S.C. App. Sec. Sec. 101
    et seq.], the term--
              (1) ``congressional ethics committees'' means the
            Select Committee on Ethics of the Senate and the
            Committee on Standards of Official Conduct of the House
            of Representatives;
              (2) ``dependent child'' means, when used with respect
            to any reporting individual, any individual who is a
            son, daughter, stepson, or stepdaughter and who--
                      (A) is unmarried and under age 21 and is
                    living in the household of such reporting
                    individual; or
                      (B) is a dependent of such reporting
                    individual within the meaning of section 152 of
                    the Internal Revenue Code of 1986 [26 U.S.C.
                    Sec. 152];
              (3) ``designated agency ethics official'' means an
            officer or employee who is designated to administer the
            provisions of this title within an agency;
              (4) ``executive branch'' includes each Executive
            agency (as defined in section 105 of title 5, United
            States Code), other than the General Accounting Office,
            and any other entity or administrative unit in the
            executive branch;
              (5) ``gift'' means a payment, advance, forbearance,
            rendering, or deposit of money, or any thing of value,
            unless consideration of equal or greater value is
            received by the donor, but does not include--
                      (A) bequest and other forms of inheritance;
                      (B) suitable mementos of a function honoring
                    the reporting individual;
                      (C) food, lodging, transportation, and
                    entertainment provided by a foreign government
                    within a foreign country or by the United
                    States Government, the District of Columbia, or
                    a State or local government or political
                    subdivision thereof;
                      (D) food and beverages which are not consumed
                    in connection with a gift of overnight lodging;
                      (E) communications to the offices of a
                    reporting individual, including subscriptions
                    to newspapers and periodicals; or
                      (F) consumable products provided by home-
                    State businesses to the offices of a reporting
                    individual who is an elected official, if those
                    products are intended for consumption by
                    persons other than such reporting individual;
              (6) ``honoraria'' has the meaning given such term in
            section 505 of this Act [5 U.S.C. App. Sec. 505];
              (7) ``income'' means all income from whatever source
            derived, including but not limited to the following
            items: compensation for services, including fees,
            commissions, and similar items; gross income derived
            from business (and net income if the individual elects
            to include it); gains derived from dealings in
            property; interest; rents; royalties; dividends;
            annuities; income from life insurance and endowment
            contracts; pensions; income from discharge of
            indebtedness; distributive share of partnership income;
            and income from an interest in an estate or trust;
              (8) ``judicial employee'' means any employee of the
            judicial branch of the Government, of the United States
            Sentencing Commission, of the Tax Court, of the Court
            of Federal Claims, of the Court of 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, Claims Court, 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 the Commerce, with
                    respect to matters concerning the National
                    Oceanic and Atmospheric Administration;
                      (B) the Secretary of Health and Human
                    Services, with respect to matters concerning
                    the Public Health Service; and
                      (C) the Secretary of State, with respect to
                    matters concerning the Foreign Service;
              (18) ``supervising ethics office'' means--
                      (A) the Select Committee on Ethics of the
                    Senate, for Senators, officers and employees of
                    the Senate, and other officers or employees of
                    the legislative branch required to file
                    financial disclosure reports with the Secretary
                    of the Senate pursuant to section 103(h) of
                    this title [5 U.S.C. App. Sec. 103(a)];
                      (B) the Committee on Standards of Official
                    Conduct of the House of Representatives, for
                    Members, officers and employees of the House of
                    Representatives and other officers or employees
                    of the legislative branch required to file
                    financial disclosure reports with the Clerk of
                    the House of Representatives pursuant to
                    section 103(h) of this title [5 U.S.C. App.
                    Sec. 103(h)];
                      (C) the Judicial Conference for judicial
                    officers and judicial employees; and
                      (D) the Office of Government Ethics for all
                    executive branch officers and employees; and
              (19) ``value'' means a good faith estimate of the
            dollar value if the exact value is neither known nor
            easily obtainable by the reporting individual.

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

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

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

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

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

                                  ----------

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                                  ----------

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

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

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

        (a) A State or local officer or employee may not--
              (1) use his official authority or influence for the
            purpose of interfering with or affecting the result of
            an election or a nomination for office;
              (2) directly or indirectly coerce, attempt to coerce,
            command, or advise a State or local officer or employee
            to pay, lend, or contribute anything of value to a
            party, committee, organization, agency, or person for
            political purposes; or
              (3) be a candidate for elective office.
        (b) A State or local officer or employee retains the right
    to vote as he chooses and to express his opinions on political
    subjects and candidates.
        (c) Subsection (a)(3) of this section does not apply to--
              (1) the Governor or Lieutenant Governor of a State or
            an individual authorized by law to act as Governor;
              (2) the mayor of a city;
              (3) a duly elected head of an executive department of
            a State or municipality who is not classified under a
            State or municipal merit or civil-service system; or
              (4) an individual holding elective office.
    Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 404; as amended by
                Pub.L. 93-443, Title IV, Sec. 401(a), Oct. 15,
                1974, 88 Stat. 1290.

    5 U.S.C. Sec. 1503. Nonpartisan candidacies permitted

        Section 1502(a)(3) of this title does not prohibit any
    State or local officer or employee from being a candidate in
    any election if none of the candidates is to be nominated or
    elected at such election as representing a party any of whose
    candidates for Presidential elector received votes in the last
    preceding election at which Presidential electors were
    selected.
    Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 404; as amended by
                Pub.L. 93-443, Title IV, Sec. 401(b)(1), Oct. 15,
                1974, 88 Stat. 1290.

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

        When a Federal agency charged with the duty of making a
    loan or grant of funds of the United States for use in an
    activity by a State or local officer or employee has reason to
    believe that the officer or employee has violated section 1502
    of this title, it shall report the matter to the Special
    Counsel. On receipt of the report, or on receipt of other
    information which seems to the Special Counsel to warrant an
    investigation, the Special Counsel shall investigate the report
    and such other information and present his findings and any
    charges based on such findings to the Merit Systems Protection
    Board, which shall--
              (1) fix a time and place for a hearing; and
              (2) send, by registered or certified mail, to the
            officer or employee charged with the violation and to
            the State or local agency employing him a notice
            setting forth a summary of the alleged violation and
            giving the time and place of the hearing.
    The hearing may not be held earlier than 10 days after the
    mailing of the notice.
    Pub.L. 89-544, Sept. 6, 1966, 80 Stat. 405; as amended by
                Pub.L. 95-454, Title IX, Sec. 906(c)(7), Oct. 13,
                1978, 92 Stat. 1225.

    5 U.S.C. Sec. 1505. Hearings; adjudications; notice of determinations

        Either the State or local officer or employee or the State
    or local agency employing him, or both, are entitled to appear
    with counsel at the hearing under section 1504 of this title,
    and be heard. After this hearing, the Merit System Protection
    Board shall--
              (1) determine whether a violation of section 1502 of
            this title has occurred;
              (2) determine whether the violation warrants the
            removal of the officer or employee from his office or
            employment; and
              (3) notify the officer or employee and the agency of
            the determination by registered or certified mail.
    Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 405; as amended by
                Pub.L. 95-454, Title IX, Sec. 906(a)(6), Oct. 13,
                1978, 92 Stat. 1225.

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

        (a) When the Merit Systems Protection Board finds--
              (1) that a State or local officer or employee has not
            been removed from his office or employment within 30
            days after notice of a determination by the Board that
            he has violated section 1502 of this title and that the
            violation warrants removal; or
              (2) that the State or local officer or employee has
            been removed and has been appointed within 18 months
            after his removal to an office or employment in the
            same State in a State or local agency which does not
            receive loans or grants from a Federal agency;
    the Board shall make and certify to the appropriate Federal
    agency an order requiring that agency to withhold from its
    loans or grants to the State or local agency to which notice
    was given an amount equal to 2 years' pay at the rate the
    officer or employee was receiving at the time of the violation.
    When the State or local agency to which appointment within 18
    months after removal has been made is one that receives loans
    or grants from a Federal agency, the Board order shall direct
    that the withholding be made from that State or local agency.
        (b) Notice of the order shall be sent by registered or
    certified mail to the State or local agency from which the
    amount is ordered to be withheld. After the order becomes
    final, the Federal agency to which the order is certified shall
    withhold the amount in accordance with the terms of the order.
    Except as provided by section 1508 of this title, a
    determination or order of the Board becomes final at the end of
    30 days after mailing the notice of the determination or order.
        (c) The Board may not require an amount to be withheld from
    a loan or grant pledged by a State or local agency as security
    for its bonds or notes if the withholding of that amount would
    jeopardize the payment of the principal or interest on the
    bonds or notes.
    Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 405; as amended by
                Pub.L. 95-454, Title IX, Sec. 906(a)(6), Oct. 13,
                1978, 92 Stat. 1225.

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

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

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

        A party aggrieved by a determination or order of the Merit
    Systems Protection Board under section 1504, 1505, or 1506 of
    this title may, within 30 days after the mailing of notice of
    the determination or order, institute proceedings for review
    thereof by filing a petition in the United States District
    Court for the district in which the State or local officer or
    employee resides. The institution of the proceedings does not
    operate as a stay of the determination or order unless--
              (1) the court specifically orders a stay; and
              (2) the officer or employee is suspended from his
            office or employment while the proceedings are pending.
    A copy of the petition shall immediately be served on the
    Board, and thereupon the Board shall certify and file in the
    court a transcript of the record on which the determination or
    order was made. The court shall review the entire record
    including questions of fact and questions of law. If
    application is made to the court for leave to adduce additional
    evidence, and it is shown to the satisfaction of the court that
    the additional evidence may materially affect the result of the
    proceedings and that there were reasonable grounds for failure
    to adduce this evidence in the hearing before the Board, the
    court may direct that the additional evidence be taken before
    the Board in the manner and on the terms and conditions fixed
    by the court. The Board may modify its findings of fact or its
    determination or order in view of the additional evidence and
    shall file with the court the modified findings, determination,
    or order; and the modified findings of fact, if supported by
    substantial evidence, are conclusive. The court shall affirm
    the determination or order, or the modified determination or
    order, if the court determines that it is in accordance with
    law. If the court determines that the determination or order,
    or the modified determination or order, is not in accordance
    with law, the court shall remand the proceeding to the Board
    with directions either to make a determination or order
    determined by the court to be lawful or to take such further
    proceedings as, in the opinion of the court, the law requires.
    The judgment and decree of the court are final, subject to
    review by the appropriate United States Court of Appeals as in
    other cases, and the judgment and decree of the court of
    appeals are final, subject to review by the Supreme Court of
    the United States on certiorari or certification as provided by
    section 1254 of title 28. If a provision of this section is
    held to be invalid as applied to a party by a determination or
    order of the Board, the determination or order becomes final
    and effective as to that party as if the provision had not been
    enacted.
    Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 406; as amended by
                Pub.L. 95-454, Title IX, Sec. 906(a)(6), Oct. 13,
                1978, 92 Stat. 1225.
       G. LIMITATIONS ON OUTSIDE EMPLOYMENT AND ELIMINATION OF HONORARIA

                                  ----------

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

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

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

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

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

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

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

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

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

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

                                  ----------

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

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

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

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

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

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

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

    18 U.S.C. Sec. 592. Troops at polls

        Whoever, being an officer of the Army or Navy, or other
    person in the civil, military, or naval service of the United
    States, orders, brings, keeps, or has under his authority or
    control any troops or armed men at any place where a general or
    special election is held, unless such force be necessary to
    repel armed enemies of the United States, shall be fined under
    this title or imprisoned not more than five years, or both; and
    be disqualified from holding any office of honor, profit, or
    trust under the United States.
        This section shall not prevent any officer or member of the
    Armed Forces of the United States from exercising the right of
    suffrage in any election district to which he may belong, if
    otherwise qualified according to the laws of the State in which
    he offers to vote.
    June 24, 1948, ch. 645, 62 Stat. 719; Sept. 13, 1994, Pub.L.
                103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat.
                2147.

    18 U.S.C. Sec. 593. Interference by Armed Forces

        Whoever, being an officer or member of the Armed Forces of
    the United States prescribes or fixes or attempts to prescribe
    or fix, whether by proclamation, order or otherwise, the
    qualifications of voters at any election in any State; or
        Whoever, being such officer or member, prevents or attempts
    to prevent by force, threat, intimidation, advice, or otherwise
    any qualified voter of any State from fully exercising the
    right of suffrage at any general or special election; or
        Whoever, being such officer or member, orders or compels or
    attempts to compel any election officer in any State to receive
    a vote from a person not legally qualified to vote; or
        Whoever, being such officer or member, imposes or attempts
    to impose any regulations for conducting any general or special
    election in a State, different from those prescribed by law; or
        Whoever, being such officer or member, interferes in any
    manner with an election officer's discharge of his duties--
    shall be fined under this title or imprisoned not more than
    five years, or both; and disqualified from holding any office
    of honor, profit, or trust under the United States.
        This section shall not prevent any officer or member of the
    Armed Forces from exercising the right of suffrage in any
    district to which he may belong, if otherwise qualified
    according to the laws of the State of such district.
    June 25, 1948, ch. 645, 62 Stat. 719; Sept. 13, 1994, Pub.L.
                103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat.
                2147.

    18 U.S.C. Sec. 594. Intimidation of voters

        Whoever intimidates, threatens, coerces, or attempts to
    intimidate, threaten, or coerce, any other person for the
    purposes of interfering with the right of such other person to
    vote or to vote as he may choose, or of causing such other
    person to vote for, or not to vote for, any candidate for the
    office of President, Vice President, Presidential elector,
    Member of the Senate, Member of the House of Representatives,
    Delegate from the District of Columbia, or Resident
    Commissioner, at any election held solely or in part for the
    purpose of electing such candidate, shall be fined under this
    title or imprisoned not more than one year, or both.
    June 25, 1948, ch. 645, 62 Stat. 720; as amended by Pub.L. 91-
                405, Title II, Sec. 204(d)(5), Sept. 22, 1970, 84
                Stat. 853; Sept. 13, 1994, Pub.L. 103-322, Title
                XXXIII, Sec. 330016(1)(H), 108 Stat. 2147.

    18 U.S.C. Sec. 595. Interference by administrative employees of
                        Federal, State, or territorial governments

        Whoever, being a person employed in any administrative
    position by the United States, or by any department or agency
    thereof, or by the District of Columbia or any agency or
    instrumentality thereof, or by any State, Territory, or
    Possession of the United States, or any political subdivision,
    municipality, or agency thereof, or agency of such political
    subdivision or municipality (including any corporation owned or
    controlled by any State, Territory or Possession of the United
    States or by any such political subdivision, municipality, or
    agency), in connection with any activity which is financed in
    whole or in part by loans or grants made by the United States,
    or any department or agency thereof, uses his official
    authority for the purpose of interfering with, or affecting,
    the nomination or the election of any candidate for the office
    of President, Vice President, Presidential elector, Member of
    the Senate, Member of the House of Representatives, Delegate
    from the District of Columbia, or Resident Commissioner, shall
    be fined under this title or imprisoned not more than one year,
    or both.
        This section shall not prohibit or make unlawful any act by
    any officer or employee of any educational or research
    institution, establishment, agency, or system which is
    supported in whole or in part by any State or political
    subdivision thereof, or by the District of Columbia or by any
    Territory or Possession of the United States; or by any
    recognized religious, philanthropic or cultural organization.
    June 25, 1948, c. 645, 62 Stat. 720; as amended by Pub.L. 91-
                405, Title II, Sec. 204(d)(6), 84 Stat. 853; Sept.
                13, 1994, Pub.L. 103-322, Title XXXIII,
                Sec. 330016(1)(H), (L), 108 Stat. 2147.

    18 U.S.C. Sec. 596. Polling Armed Forces

        Whoever, within or without the Armed Forces of the United
    States, polls any member of such forces, either within or
    without the United States, either before or after he executes
    any ballot under any Federal or State law, with reference to
    his choice of or his vote for any candidate, or states,
    publishes, or releases any result of any purported poll taken
    from or among the members of the Armed Forces of the United
    States or including within it the statement of choice for such
    candidate or of such votes cast by any member of the Armed
    Forces of the United States, shall be fined under this title or
    imprisoned for not more than one year, or both.
        The word ``poll'' means any request for information, verbal
    or written which by its language or form of expression requires
    or implies the necessity of an answer, where the request is
    made with the intent of compiling the result of the answers
    obtained, either for the personal use of the person making the
    request, or for the purpose of reporting the same to any other
    person, persons, political party, unincorporated association or
    corporation, or for the purpose of publishing the same orally,
    by radio, or in written or printed form.
    June 25, 1948, ch. 645, 62 Stat. 720; Sept. 13, 1994, Pub.L.
                103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat.
                2147.

    18 U.S.C. Sec. 597. Expenditures to influence voting

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

    18 U.S.C. Sec. 598. Coercion by means of relief appropriations

        Whoever uses any part of any appropriation made by Congress
    for work relief, relief, or for increasing employment by
    providing loans and grants for public-works projects, or
    exercises or administers any authority conferred by any
    Appropriation Act for the purpose of interfering with,
    restraining, or coercing any individual in the exercise of his
    right to vote at any election, shall be fined under this title
    or imprisoned not more than one year, or both.
    June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994, Pub.L.
                103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat.
                2147.

    18 U.S.C. Sec. 599. Promise of appointment by candidate

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

    18 U.S.C. Sec. 600. Promise of employment or other benefit for
                        political activity

        Whoever, directly or indirectly, promises any employment,
    position, compensation, contract, appointment, or other
    benefit, provided for or made possible in whole or in part any
    Act of Congress, or any special consideration in obtaining any
    such benefit, to any person as a consideration, favor, or
    reward for any political activity or for the support of our
    opposition to any candidate or any political party in
    connection with any general or special election to any
    political office or in connection with any primary election or
    political convention or caucus held to select candidates for
    any political office, shall be fined under this title or
    imprisoned not more than one year, or both.
    June 15, 1948, ch. 645, 62 Stat. 721; as amended Pub.L. 92-225,
                Title II, Sec. 202, Feb. 7, 1972, 86 Stat. 9; and
                Pub.L. 94-453, Sec. 3, Oct. 2, 1976, 90 Stat. 1517;
                Sept. 13, 1994, Pub.L. 103-322, Title XXXIII,
                Sec. 330016(2)(L), 108 Stat. 2147.

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

        (a) Whoever, directly or indirectly knowingly causes or
    attempts to cause any person to make a contribution of a thing
    of value (including services) for the benefit of any candidate
    of any political party, by means of the denial or deprivation,
    or the threat of the denial or deprivation, of--
              (1) any employment, position, or work in or for any
            agency or other entity of the Government of the United
            States, a State, or a political subdivision of a State,
            or any compensation or benefit of such employment,
            position, or work; or
              (2) any payment or benefit of a program of the United
            States, a State, or a political subdivision of a State;
            if such employment, position, work, compensation,
            payment, or benefit is provided for or made possible in
            whole or in part by an Act of Congress, shall be fined
            under this title or imprisoned not more than one year,
            or both.
        (b) As used in this section--
              (1) the term ``candidate'' means an individual who
            seeks nomination for election, or election, to Federal,
            State, or local office, whether or not such individual
            is elected, and, for purposes of this paragraph, an
            individual shall be deemed to seek nomination for
            election, or election, to Federal, State, or local
            office, if he has (A) taken the action necessary under
            the law of a State to qualify himself for nomination
            for election, or election, or (B) received
            contributions or made expenditures, or has given his
            consent for any other person to receive contributions
            or make expenditures, with a view to bringing about his
            nomination for election, or election, to such office;
              (2) the term ``election'' means (A) a general,
            special primary, or runoff election, (B) a convention
            or caucus of a political party held to nominate a
            candidate, (C) a primary election held for the
            selection of delegates to a nominating convention of a
            political party, (D) a primary election held for the
            expression of a preference for the nomination of
            persons for election to the office of President, and
            (E) the election of delegates to a constitutional
            convention for proposing amendments to the Constitution
            of the United States or of any State; and
              (3) the term ``State'' means a State of the United
            States, the District of Columbia, the Commonwealth of
            Puerto Rico, or any territory or possession of the
            United States.
    June 25, 1948, ch. 645, Stat. 721; as amended by Pub.L. 94-453,
                Sec. 1, Oct. 2, 1976, 90 Stat. 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 (2
    U.S.C. Sec. 431(8)) from any other such officer, employee, or
    person. Any person who violates this section shall be fined
    under this title or imprisoned not more than 3 years, or both.
        (b) The prohibition in subsection (a) shall not apply to
    any activity of an employee (as defined in section 7322(1) of
    title 5) or any individual employed in or under the United
    States Postal Service or the Postal Rate Commission, unless
    that activity is prohibited by section 7323 or 7324 of such
    title.

    June 25, 1948, ch. 645, 62 Stat. 722; as amended by Pub.L. 96-
                187, Title II, Sec. 201(a)(3), Jan. 8, 1980, 93
                Stat. 1367; Pub.L. 103-94, Sec. 4, Oct. 6, 1993,
                107 Stat. 1004; Sept. 13, 1994, Pub.L. 103-322,
                Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.

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

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

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

    18 U.S.C. Sec. 604. Solicitation from persons on relief

        Whoever solicits or receives or is in any manner concerned
    in soliciting or receiving any assessment, subscription, or
    contribution for any political purpose from any person known by
    him to be entitled to, or receiving compensation, employment,
    or other benefit provided for or made possible by any Act of
    Congress appropriating funds for work relief or relief
    purposes, shall be fined under this title or imprisoned not
    more than one year, or both.
    June 25, 1948, ch. 645, 62 Stat. 722; Sept. 13, 1994, Pub.L.
                103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat.
                2147.

    18 U.S.C. Sec. 605. Disclosure of names of persons on relief

        Whoever, for political purposes, furnishes or discloses any
    list or names of persons receiving compensation, employment or
    benefits provided for or made possible by any Act of Congress
    appropriating, or authorizing the appropriation of funds for
    work relief or relief purposes, to a political candidate,
    committee, campaign manager, or to any person for delivery to a
    political candidate, committee, or campaign manager; and
    whoever receives any such list or names for political purposes
    shall be fined under this title or imprisoned not more than one
    year, or both.
    June 25, 1948, ch. 645, 62 Stat. 722; Sept. 13, 1994, Pub.L.
                103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat.
                2147.

    18 U.S.C. Sec. 606. Intimidation to secure political contributions

        Whoever, being one of the officers or employees of the
    United States mentioned in section 602 of this title,
    discharges, or promotes, or degrades, or in any manner changes
    the official rank or compensation of any other officer or
    employee, or promises or threatens so to do, for giving or
    withholding or neglecting to make any contribution of money or
    other valuable thing for any political purpose, shall be fined
    under this title or imprisoned not more than three years, or
    both.
    June 25, 1948, ch. 645, 62 Stat. 722; Sept. 13, 1994, Pub.L.
                103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat.
                2147.

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

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

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

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

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

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

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

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

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

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

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

                                  ----------

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (d) Administrative procedure regulations

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

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

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

                      Regulations Governing Official Mail

        As directed by Public Laws 97-69 and 99-87 and pursuant to
    other authorities, it is resolved by the Committee on Rules and
    Administration of the United States Senate, that use of Senate
    resources and facilities for preparing and sending franked mail
    shall be subject to the following regulations, effective Sept.
    30, 1998.

                                  definitions

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

                postal allocations for non-election fiscal years

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

                  postal allocations for election fiscal years

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

                    uses of funds reserved for contingencies

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

                        cost determination and reporting

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

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

                                 Record Keeping

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

                         Publication of Mass Mail Costs

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

                          preparation of official mail

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

                                Two Sheet Limit

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

                            Taxpayer Expense Notice

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

                       Mail to be Mailed under the Frank

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

                   Mail to the Mailed by the Sergeant at Arms

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

                              Town Meeting Notices

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

                             Survey Questionnaires

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

                             Rates and Endorsements

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

                          Pictures of Missing Children

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

                        orange bag mail and express mail

                                Orange Bag Mail

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

                                  Express Mail

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

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

        Sec. 8. (a) No Senator may send mass mailings during the
    period beginning 60 days before the date of any biennial
    Federal general election. The 60-day pre-election moratorium on
    mass mailings does not apply to a committee when such mass
    mailings are mailed under the frank of the Chairman and relate
    to the normal and regular business of the committee.
        Use of mass mail by Senators who are candidates is further
    restricted (unless the Senator's candidacy has been certified
    as uncontested pursuant to procedures of the Committee on Rules
    and Administration):
        (b) Mass mailings may not be sent fewer than 60 days
    immediately before the date of any primary or general election
    (whether regular, special, or runoff) for any Federal, State,
    or local office in which a Member of the Senate is a candidate
    for election, unless the candidacy of the Senator in such
    elections is uncontested.
        (c) Town meeting notices in excess of 500 notices per town
    meeting may not be sent fewer than 60 days immediately before
    the date of any primary or general election (whether regular,
    special, or runoff) for any Federal, State, or local office in
    which a Member of the Senate is a candidate for election. There
    is no exception for uncontested candidacies. (Pub.L. 103-283)
        (d) Solicitation forms provided by a Member through a mass
    mailing which are intended to be mailed back by constituents,
    may not be responded to during the 60 days immediately before
    the date of any primary or general election (whether regular,
    special, or runoff) for any Federal, State, or local office in
    which a Member of the Senate is a candidate for election.

                     responses to organized mail campaigns

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

                           change of address programs

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

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

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

                         paper and envelope allowances

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

                printing of letterhead stationery and envelopes

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

                                    history

        Approved by the Committee on Rules and Administration
    January 30, 1991 and revised pursuant to Pub.L. 102-392
    effective Oct. 1, 1992, Pub.L. 103-69 effective Oct. 1, 1993,
    Pub.L. 103-283 effective Oct. 1, 1994, Pub.L. 105-55 effective
    Oct. 1, 1997; as amended by committee Oct. 30, 1997 and Sept.
    30, 1998.
             J. COMMUNICATIONS MEDIA (TITLE 47, UNITED STATES CODE)

                                  ----------

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

    (a) Revocation of station license or construction permit

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

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

        For purposes of this section:
              (1) The term ``willful'', when used with reference to
            the commission or omission of any act, means the
            conscious and deliberate commission or omission of such
            act, irrespective of any intent to violate any
            provision of this chapter or any rule or regulation of
            the Commission authorized by this chapter or by a
            treaty ratified by the United States.
              (2) The term ``repeated'', when used with reference
            to the commission or omission of any act, means the
            commission or omission of such act more than once or,
            if such commission or omission is continuous, for more
            than one day.
    June 19, 1934, c. 652, Title III, Sec. 312, 48 Stat. 1086; July
                16, 1952, c. 879, Sec. 10, 66 Stat. 716; Sept. 13,
                1960, Pub.L. 86-752, Sec. 6, 74 Stat. 893; Feb. 7,
                1972, Pub.L. 92-225, Title I, Sec. 103(a)(2)(A), 86
                Stat. 4; Sept. 13, 1982, Pub.L. 97-259, Title I,
                Sec. 117, 96 Stat. 1095; Feb. 8, 1996, Pub.L. 104-
                104, Title IV, Sec. 403(1), 110 Stat. 132.

    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) Charges.
              (1) In general. 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--
                      (A) subject to paragraph (2), 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
                      (B) at any time, the charges made for
                    comparable use of such station by other users
                    therof.
              (2) Content of broadcasts.
                      (A) In general. In the case of a candidate
                    for Federal office, such candidate shall not be
                    entitled to receive the rate under paragraph
                    (1)(A) for the use of any broadcasting station
                    unless the candidate provides written
                    certification to the broadcast station that the
                    candidate (and any authorized committee of the
                    candidate) shall not make any direct reference
                    to another candidate for the same office, in
                    any broadcast using the rights and conditions
                    of access under this Act, unless such reference
                    meets the requirements of subparagraph (C) or
                    (D).
                      (B) Limitation on charges. If a candidate for
                    Federal office (or any authorized committee or
                    such candidate) makes a reference described in
                    subparagraph (A) in any broadcast that does not
                    meet the requirements of subparagraph (C) or
                    (D), such candidate shall not be entitled to
                    received the rate under paragraph (1)(A) for
                    such broadcast or any other broadcast during
                    any portion of the 45-day and 60-day periods
                    described in paragraph (1)(A), that occur on or
                    after the date of such broadcast, for election
                    to such office.
                      (C) Television broadcasts. A candidate meets
                    the requirements of this subparagraph if, in
                    the case of a television broadcast, at the end
                    of such broadcast there appears simultaneously,
                    for a period no less than 4 seconds--
                              (i) a clearly identifiable
                            photographic or similar image of he
                            candidate; and
                              (ii) a clearly readable printed
                            statement, identifying the candidate
                            and stating that the candidate has
                            approved the broadcast and that the
                            candidate's authorized committee paid
                            for the broadcast.
                      (D) Radio broadcasts. A candidate meets the
                    requirements of this subparagraph if, in the
                    case of a radio broadcast, the broadcast
                    includes a personal audio statement by the
                    candidate that identifies the candidate, the
                    office the candidate is seeking, and indicates
                    that the candidate has approved the broadcast.
                      (E) Certification. Certifications under this
                    section shall be provided and certified as
                    accurate by the candidate (or any authorized
                    committee of the candidate) at the time of
                    purchase.
                      (F) Definitions. For purposes of this
                    paragraph, the terms ``authorized committee''
                    and ``Federal office'' have the meanings given
                    such terms by section 301 of the Federal
                    Election Campaign Act of 1971 (2 U.S.C. 431).
        (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.
        (e) Political record.
              (1) In general. A licensee shall maintain, and make
            available for pubic inspection, a complete record of a
            request to purchase broadcast time that--
                      (A) is made by or on behalf of a legally
                    qualified candidate for public office; or
                      (B) communicates a message relating to any
                    political matter of national importance,
                    including--
                              (i) a legally qualified candidate;
                              (ii) any election to Federal office;
                            or
                              (iii) a national legislative issue of
                            pubic importance.
              (2) Contents of record. A record maintained under
            paragraph (1) shall contain information regarding--
                      (A) whether the request to purchase broadcast
                    time is accepted or rejected by the licensee;
                      (B) the rate charged for the broadcast time;
                      (C) the date and time on which the
                    communication is aired;
                      (D) the class of time that is purchased;
                      (E) the name of the candidate to which the
                    communication refers and the office to which
                    the candidate is seeking election, the election
                    to which the communication refers, or the issue
                    to which the communication refers (as
                    applicable);
                      (F) in the case of a request made by, or on
                    behalf of, a candidate, the name of the
                    candidate, the authorized committee of the
                    candidate, and the treasurer of such committee;
                    and
                      (G) in the case of any other request, the
                    name of the person purchasing the time, the
                    name, address, and phone number of a contact
                    person for such person, and a list of the chief
                    executive officers or members of the executive
                    committee or of the broad of directors of such
                    person.
              (3) Time to maintain file. The information required
            under this subsection shall be placed in a political
            file as soon as possible and shall be retained by the
            licensee for a period of not less than 2 years.

    (June 19, 1934, ch 652, Title III, Part I Sec. 315, 48 Stat.
    1088; May 20, 1937, ch 229, Sec. 10(a), 50 Stat. 192; July 16,
    1952, ch 879, Sec. 11, 66 Stat. 717; Sept. 14, 1959, P.L. 86-
    274, Sec. 1, 73 Stat. 557; Feb. 7, 1972, P.L. 92-225, Title I,
    Sec. Sec. 103(a)(1), (2)(B), 104(c), 86 Stat. 4, 7; Oct. 15,
    1974, P.L. 93-443, Title IV, Sec. 402, 88 Stat. 1291; March 27,
    2002, P.L. 107-155, Title III, Sec. 305(a), (b), Title V,
    Sec. 504, 116 Stat. 100, 115).
    =======================================================================

                                    PART II

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

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

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

                                  ----------                              _

                                   A. RULE II

             presentation of credentials and questions of privilege

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

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

                   certificate of election for six-year term

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

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

                   certificate of election for unexpired term

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

                           certificate of appointment

    ``To the President of the Senate of the United States:
        ``This is to certify that, pursuant to the power vested in
    me by the Constitution of the United States and the laws of the
    State of ------, I, A------ B------, the governor of said
    State, do hereby appoint C------ D------ a Senator from said
    State to represent said State in the Senate of the United
    States until the vacancy therein caused by the ------ of E----
    -- F------, is filed by election as provided by law.
        ``Witness: His excellency our governor ------, and our seal
    hereto affixed at ------ this -- day of ------, in the year of
    our Lord 20----.
        ``By the governor:
                                       ``G------ H------,
                                                            ``Governor.
                                       ``I------ J------,
                                                ``Secretary of State.''

                                  B. RULE III

                                     oaths

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

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

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

                                 C. RULE XXXIV

                          public financial disclosure

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

                                  D. RULE XXXV

                                   GIFTS \4\

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

                                 E. RULE XXXVI

                             outside earned income

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

                                 F. RULE XXXVII

                              conflict of interest

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

                                G. RULE XXXVIII

                   PROHIBITION OF UNOFFICIAL OFFICE ACCOUNTS

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

                                 H. RULE XXXIX

                                 FOREIGN TRAVEL

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

                                   I. RULE XL

              Franking Privilege and Radio and Television Studios

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

                                  J. RULE XLI

                      political fund activity; definitions

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

                                 K. RULE XLIII

                         representation by members \8\

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

       L. STANDING ORDER OF THE SENATE, SECTION 103, TAPE DUPLICATION OF
                               SENATE PROCEEDINGS

                          to improve senate procedures

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

                                    PART III

    STATE ELECTION LAWS RELATING TO CANDIDATES FOR THE UNITED STATES SENATE

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

                                    Alabama

    Unless otherwise designated, references are to the Code of Alabama 1975
                                    (2005).

    Primary Elections, when held (by parties polling over 20
            percent of State vote) (optional) (Sec. Sec. 17-16-1,
            17-16-2, 17-16-5).
              If held, primary election shall be held on the first
            Tuesday in June (June 13, 2006). If no candidate has
            majority, second primary shall be held on the last
            Tuesday in June (Sec. 17-16-6). (June 27, 2006).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary
              Declaration of candidacy.--File with chairman of
            State executive committee not later than 5 p.m. on 60th
            day before primary (Sec. 17-16-11) (June 7, 2000).
              Convention, caucus, or mass meeting, certificate of
            nominations.--File with Secretary of State on or before
            5 p.m. 6 days after the second primary election
            (Sec. 17-7-1(a)(2)).
              Independent candidate
              Candidate petition.--Petition bearing signatures of
            three percent of the qualified electors who voted in
            the last gubernatorial general election in the State
            must be filed with Secretary of State on or before 5
            p.m. 6 days after the second primary election (Sec. 17-
            7-1(a)(3)).
    Filing Fees and Assessments.
              May be assessed by parties on candidates able to pay.
              Amount.--Not to exceed 2 percent of one year's salary
            of the office sought.
              Date of payment.--Apparently as set by party.
              To whom paid.--Apparently as set by party (Sec. 17-
            16-15).
    Crossfiling by Candidates.
              Prohibited. Candidate must pledge to support party
            (Sec. Sec. 17-16-12, 17-16-14, 17-16-18).
    Subversive Parties Barred from Ballot.
              No provisions were found.
    Write-in Provisions.
              Permitted in general election (Sec. 17-8-20); on
            voting machines in general elections (Sec. 17-9-7(6)).
    Vacancy in Office.
              The Governor may make temporary appointment of a
            Senator in the Senate of the Congress of the United
            States from Alabama, whenever a vacancy exists in that
            office, the appointee to hold office until his
            successor is elected and qualified (Sec. 36-9-7).
              Whenever a vacancy occurs in the office of Senator of
            and from the State of Alabama in the Senate of the
            United States more than 4 months before a general
            election, the Governor of Alabama shall forthwith order
            an election to be held by the qualified electors of the
            State to elect a Senator of and from the State of
            Alabama to the United States Senate for the unexpired
            term. If the vacancy occurs within 4 months of but more
            than 60 days before a general election, the vacancy
            shall be filled at that election. If the vacancy occurs
            within 60 days before a general election, the Governor
            shall order a special election to be held on the first
            Tuesday after the lapse of 60 days from and after the
            day on which the vacancy is known to the Governor, and
            the Senator elected at such special election shall hold
            office for the unexpired term (Sec. 36-9-8).
              The Governor must give notice of a special election
            to elect a Senator for an unexpired term in the same
            manner and for the same time as is prescribed for
            special elections to fill a vacancy in the office of
            Members of the House of Representatives (Sec. 36-9-9),
            i.e., by proclamation (Sec. 17-18-4). For special
            election procedures, see Sec. Sec. 17-18-1--17-18-7.

                                     Alaska

     Unless otherwise indicated, references are to Alaska Statutes (2005).

    Primary Elections, when held.
              Fourth Tuesday in August in every even-numbered year
            (Sec. 15.25.020). (August 22, 2006).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary
              Declaration of candidacy.--Candidate should file on
            or before June 1, prior to the primary. File with
            director of elections or an election supervisor
            (Sec. Sec. 15.25.030, 15.25.040 (a), (c)). The
            declaration is filed by either--
                      (1) the actual physical delivery of the
                    declaration by mail or in person at or before 5
                    p.m., prevailing time, June 1 of the year in
                    which a general election is held for the
                    office, or
                      (2) reliable electronic transmission of a
                    copy in substance for specified parts of the
                    statement at or before 5 p.m., prevailing time,
                    June 1 of the year in which a general election
                    is held for the office and also the actual
                    physical delivery of the entire declaration by
                    mail which is received not more than 15 days
                    after that time (Sec. 15.25.040(a)).
              Independent candidates
              ``No-party candidates''--Petition signed by not less
            than one percent of the number of voters who cast
            ballots in the preceding general election, should be
            filed with director of elections on or before 5 p.m. on
            the day of the primary election in election year
            (Sec. Sec. 15.25.140-15.25.200).
    Filing Fees and Assessments--Primary Candidates
            (Sec. Sec. 15.25.050).
              Amount.--$100.
              Date of payment.--At a time of filing declaration of
            candidacy.
              To whom paid.--Director of Elections.
    Crossfiling by candidates.
              Declaration of candidacy must state that the
            candidate is not a candidate for any other office to be
            voted on at the primary or general election and that he
            has not filed another declaration of candidacy or
            nominating petition for the office for which this
            declaration is filed (Sec. 15.25.030(14)).
    Subversive Parties Barred from Ballot.
              No specific provisions, but persons advocating
            forceful overthrow of government, or members of parties
            advocating such, are not qualified for public office
            (Const. of Alaska, Art. XII, Sec. 4).
    Write-in Provisions.
              Prohibited in primary (Sec. Sec. 15.25.060,
            15.25.070); permitted in general election
            (Sec. 15.15.030(5)).
    Vacancy in Office.
              When a vacancy occurs in the office of United States
            senator or United States representative, the governor
            shall, by proclamation, call a special election to be
            held on a date not less than 60, nor more than 90, days
            after the date the vacancy occurs. However, if the
            vacancy occurs on a date that is less than 60 days
            before or is on or after the date of the primary
            election in the general election year during which a
            candidate to fill the office is regularly elected, the
            governor may not call a special election
            (Sec. 15.40.140).
              When a vacancy occurs in the office of United States
            senator, the governor may, at least five days after the
            date of the vacancy but within 30 days after the date
            of the vacancy, appoint a qualified individual to fill
            the vacancy temporarily until the results of the
            special election called to fill the vacancy are
            certified. If a special election is not called for the
            reasons set out in AS 15.40.140, the individual shall
            fill the vacancy temporarily until the results of the
            next general election are certified (Sec. 15.40.145).
              If the vacancy occurs on a date not less than 60, nor
            more than 90, days before the date of the primary
            election, the governor shall, by proclamation, call the
            special election to be held on the date of the primary
            election (Sec. 15.40.150).
              The Governor shall issue the proclamation calling the
            special election at least 80 days before the election
            (Sec. 15.40.160).
              At the special election a United States Senator shall
            be elected to fill the remainder of the unexpired term
            (Sec. 15.40.165) (2005).

                                    Arizona

      Unless otherwise designated, references are to the Arizona Revised
                           Statutes Annotated (1996).

    Primary Elections, when held.
              Eighth Tuesday prior to general election (Sec. 16-
            201). (September 12, 2006).
    Nominating Papers, Petitions, Etc.
              Representation on ballot.--A political organization
            which at the last preceding general election cast for
            Governor or presidential electors or for county
            attorney or for mayor, whichever applies, not less than
            5 percent of the total votes cast for Governor or
            presidential elector, in the State or in the county,
            city or town; or, alternatively, a political
            organization which has registered voters equal to two-
            thirds of 1 one percent of the total registered
            electors in a jurisdiction, is entitled to
            representation on the official ballot (Sec. 16-804).
              Party candidate for primary
              Nominating petition and nomination papers.--File with
            Secretary of State not more than 120 days before or
            later than 5 p.m. on the 90th day before the primary
            election (Sec. 16-311). Petition must be signed by
            qualified electors qualified to vote for the candidate
            equal to at least one-half of 1 percent of the voter
            registration of the party of the Candidate in at least
            three counties in the State, but not less than one-half
            of 1 percent nor more than 10 percent of the total
            voter registration of his party in the State (Sec. 16-
            322).
              Independent candidates
              Certification of nomination for candidates nominated
            otherwise than by primary.--Signatures required, equal
            in number to three percent of qualified electors in the
            State who are not members of a political party
            qualified for a ballot position in primary and general
            election and who did not sign a nominating petition for
            party primary candidate. File with Secretary of State
            not more than 120 days before or later than 5 p.m. on
            the 90th day before the primary election (Sec. 16-341).
              New party.--To be recognized in the primary and
            general election, a new political party must file a
            petition signed by qualified electors numbering no less
            than one and one-third percent of the votes cast for
            Governor or presidential elector in the last preceding
            election (Sec. 16-801). File with Secretary of State
            not less than 75 nor more than 105 days prior to
            primary election (Sec. Sec. 16-801, 16-803).
              The signatures on the petition shall be verified by
            the county recorder of each county; the petition shall
            not be submitted for verification to such county
            recorder later than 112 days prior to the primary
            election (Sec. Sec. 16-801, 16-803). The petition shall
            be verified by the affidavit of ten qualified electors
            of the State, asking that the signers thereof be
            recognized as a new political party; the status as
            qualified electors of the signers of the affidavit
            shall be certified by the county recorder of the state
            in which they reside (Sec. 16-801).
              Write-in candidate
              Nomination papers.--File with Secretary of State no
            later than 5 p.m. on the 40th day prior to the election
            (Sec. 16-312).
    Filing Fees and Assessments.--Prohibited (Const., Art. 7,
            Sec. 14)
    Crossfiling by Candidates.
              Prohibited.--Candidate must be a member of party
            whose nomination he seeks (Sec. Sec. 16-311(A), 16-
            314). If a person is nominated on more than one ticket
            he must choose one (Sec. 16-467).
              A candidate defeated in the primary is prohibited
            from seeking nomination as a write-in candidate
            (Sec. 16-312).

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

                                    Arkansas

     Unless otherwise designated, references are to Arkansas Code of 1987
                               Annotated (2005).

    Primary Elections, when held.
              Preferential primary.--On the Tuesday 3 weeks prior
            to the general primary (Sec. 7-7-203). (May 23, 2006)
            If at such preferential primary a candidate receives a
            majority of the votes cast for the office, such person
            shall be declared the party nominee, and it shall not
            be necessary for his name to appear on the general
            primary ballot (Sec. Sec. 7-7-203, 7-7-304).
              General primary (runoff).--Second Tuesday in June
            preceding general election (Sec. 7-7-203). (June 13,
            2006) If no candidate receives a majority of votes cast
            for that office at the preferential primary election,
            the names of the two candidates who received the
            highest number of votes shall be printed on the ballot
            at the general primary election (Sec. Sec. 7-7-202, 7-
            7-304).
    Nominating Papers, Petitions, Etc.
              Party pledge.--Not earlier than noon of the 3rd
            Tuesday in March or later than noon on the 14th day
            thereafter candidate to file with secretary of State
            party committee (Sec. 7-7-203).
              Political practice pledge.--File pledge with
            secretary of state party committee no earlier than noon
            of the 3rd Tuesday in March or later than noon on the
            14th day thereafter (Sec. 7-7-203(c)).
    Certification of nomination.
              Party candidate for primary.--No later than forty
            (40) days before the preferential primary election
            chairman and secretary of State committee of the
            political party shall certify to the various county
            committees and the various county boards of election
            commissioners the names of all candidates who have
            qualified with the state committee for election by
            filing the party pledge and paying the ballot fee
            within the time required by law (Sec. 7-7-203(d)).
              New party.--Any group desiring to form a new
            political party may file with the Secretary of State a
            petition signed by qualified electors equal in number
            to at least 3 percent of the total number of votes cast
            for Governor or presidential electors, whichever is
            less, at the last election. The petition shall be filed
            no later than the 1st Monday in May before the general
            election and shall be circulated during the period
            beginning 150 days prior to the filing deadline. Upon
            certification of sufficiency and declaration of the new
            party by the Secretary of State, the new party may
            nominate candidates by convention for the first
            election after certification. If it maintains party
            status by obtaining 3 percent of the total vote cast
            for Governor or presidential electors at the first
            election after certification, then the new party shall
            nominate candidates in a party primary (Sec. Sec. 7-7-
            203; 7-7-204).
              Independent candidate.--File with Secretary of State,
            by time required for filing political practice pledges
            and party pledges, a request that name be placed on
            general election ballot, together with petitions,
            signed by not less than 3 percent of the qualified
            electors of the State or 10,000, whichever is less
            (Sec. Sec. 7-7-103(b)(2), 7-7-401).
              Write-in candidate.--No votes for write-in candidates
            in general elections shall be counted or tabulated
            unless the candidate or his agent shall notify in
            writing the county board of election commissioners and
            the Secretary of State of his intention to be a write-
            in candidate not later than sixty (60) days before
            election day (Sec. 7-5-205).
    Filing Fees and Assessments.
              Amount.--As established by the state executive
            committee for the political party (Sec. 7-7-301).
              Date of payment.--By party candidates, no earlier
            than noon of the 3rd Tuesday in March and no later than
            noon on the fourteenth day thereafter before the
            primary election (Sec. Sec. 7-7-203(c), 7-7-301(a)).
              To whom paid.--The secretary of the state committee
            of the political party or his designated agent (Sec. 7-
            7-301(a)(1)).
    Crossfiling by Candidates.
              Prohibited.--Candidates for nomination may not be a
            nominee of any other political party for the same
            office. (Sec. 7-7-204). Person defeated at the primary
            shall not be permitted to file as an independent
            candidate for the same office at the general election
            (Sec. 7-7-103(e); 7-7-204(b)).
    Subversive Parties Barred from Ballot.
              Advocating a program of sabotage, force and violence,
            sedition, or treason against the Government (Sec. 7-3-
            108).
    Write-in Provision.
              Permitted in general election if candidate or his
            agent notifies the county board of election
            commissioners and the Secretary of State in writing not
            later than 90 days prior to election, of his intention
            to be a write-in candidate (Sec. Sec. 7-5-205); on
            voting machines (Sec. 7-5-525); where electronic voting
            systems are used (Sec. 7-5-610).
    Vacancy in Office.
              A vacancy in the United States Senate from Arkansas
            shall be filled by the governor by temporary
            appointment until the people fill the vacancy at the
            next ensuing general election for state and county
            officers to be held more than 60 days and less than 12
            months after such vacancy shall occur; provided that if
            no general election for state and county officers shall
            occur within 12 months after such vacancy, the governor
            shall call a special election to be held not less than
            60 days and not more than 120 days after the vacancy
            shall occur (Sec. 7-8-102).

                                   California

    Unless otherwise indicated, references are to the Deering's California
             Elections Code Annotated (1996), current through 2005.

    Primary Elections, when held.
              The statewide primary will be held on the 1st Tuesday
            in March and will be consolidated with the presidential
            primary held (Sec. 1201(b)) (March 7, 2006).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary
              Declaration of candidacy.--No candidate's name may be
            printed on the ballot to be used at a direct primary
            unless nomination documents are filed not later than 5
            p.m. on the 88th day before nor earlier than the 113th
            day before the direct primary. Include with declaration
            nomination papers signed by not less than 65 nor more
            than 100 qualified party voters (Sec. Sec. 8041, 8062).
            All nomination documents must be filed in the office of
            the Secretary of State (Sec. 8100) and also with the
            county election officials (Sec. 8020).
              Independent candidate (Sec. Sec. 8003, 8300-8550).
              Declaration of candidacy.--88 days before election,
            candidate must leave a declaration of candidacy in same
            office as nomination papers (Sec. 8550).
              Nomination papers.--Signatures are required equal in
            number to not less than 1 percent of the entire number
            of registered voters at the preceding general election
            (Sec. 8400). Leave with county elections official for
            examination not earlier than 148 nor later than 5 p.m.
            88 days before general election; county official must
            forward to the Secretary of State within 24 days
            (Sec. 8403).
    Filing Fees and Assessments.
              Amount.--Two percent of first year's salary
            (Sec. 8103(a)(1)).
              Date of payment.--When declarations are filed
            (Sec. 8105).
              To whom paid.--The county elections official; the
            county official transmits the fee to the Secretary of
            State (Sec. 8105).
              Alternatively, file petition signed by 10,000
            registered voters with clerk from whom nomination
            papers were obtained, at least 15 days prior to the
            close of the nomination period (Sec. 8106).
    Crossfiling.
              Prohibited.--Candidate must have been affiliated with
            party whose nomination he seeks for at least 3 months
            immediately prior to filing of declaration of
            candidacy, as shown by his affidavit of registration,
            and must not have registered affiliation with any other
            party within 12 months immediately prior to filing
            (Sec. 8001). A candidate of a party who was defeated at
            the primary is ineligible for nomination as an
            independent candidate (Sec. 8003(a) (Sec. 8301)). No
            person may file nomination papers for a party
            nomination and an independent nomination for the same
            office, or for more than one office at the same
            election (Sec. 8003(b)).
    Subversive Parties Barred from Ballot.
              Parties advocating overthrow of Government by force
            or advocating a program of sabotage, force and
            violence, sedition or treason against the Government
            disqualified from participating in primary (Sec. 5102).
    Write-in Provisions.
              Permitted in all elections (Sec. Sec. 15340, 15341,
            15342), on voting machines (Sec. 19304), on punchcard
            voting system, (Sec. 13262). The use of pressure-
            sensitive stickers not approved or methods other than
            handwriting by Secretary of State is invalid
            (Sec. 15342(c)). Write-in candidate must comply with
            filing requirements according to Sec. Sec. 15341, 8600-
            8605.
    Vacancy in Office.
              If a vacancy occurs in the representation of this
            State in the Senate of the United States, the Governor
            may appoint and commission an elector of this State,
            who possesses the qualifications for the office, to
            fill the vacancy until his successor is elected and
            qualifies and is admitted to his seat by the United
            States Senate. However, whenever a vacancy occurs
            within term fixed by law to expire on the third day of
            January following the next general election, the person
            so appointed shall hold office for the remainder of the
            unexpired term unless such vacancy is filled at a
            special election held prior to such general election,
            in which case the person elected at such special
            election shall hold office for the remainder of the
            unexpired term. An election to fill a vacancy in the
            term of a United States Senator shall be held at the
            general election next succeeding the occurrence of the
            vacancy or at any special election (Sec. 10720).
              The special election shall be proclaimed within 14
            calendar days after the occurrence of the vacancy
            (Sec. 10700).
              When the vacancy occurs in a congressional office
            after the close of the nomination period in the final
            year of the term of office, the Governor may decline to
            issue an election proclamation at his discretion
            (Sec. 10701).

                                    Colorado

     Unless otherwise designated, references are to 1997 Colorado Revised
                           Statutes Annotated (2005).

    Primary Elections, when held.
              Second Tuesday in August in each even-numbered year
            (Sec. Sec. 1-1-104(32), 1-4-101). (August 8, 2006).
    Nominating Papers, Petitions, Etc.
              Major party candidate for primary
              Certificate of designation for candidates selected by
            assembly of political party.--All candidates who
            receive thirty percent or more of the votes of the
            delegates to such assembly, shall be certified by the
            presiding officer and secretary of such assembly, for a
            place on the direct primary ballot. No more than two
            ballots are to be taken by the assembly upon candidates
            for each office. If on the second ballot, no candidate
            receives 30 percent or more of the votes, the two
            candidates receiving the highest number of votes shall
            be certified as candidates. Certificate of designation
            must certify that the candidate has been a member of
            said political party for period of 12 months. If two or
            more candidates receive equal number of votes, the
            order of certification of designation shall be
            determined by lot by such candidates (Sec. 1-4-601).
              A party assembly shall be held no later than 70 days
            preceding the primary election (Sec. 1-4-601).
              File certificate of designation in the office of the
            Secretary of State within 4 days after the adjournment
            of the assembly (Sec. 1-4-604).
              Acceptance of nomination by candidate designated by
            party assemblies must be filed in writing with the
            Secretary of State within 4 days after the adjournment
            of the assembly (Sec. 1-4-601(3)).
              Petition.--A candidate may be placed on the direct
            primary ballot by a petition signed by eligible
            electors in a number equal to at least one thousand
            five hundred in each congressional district for
            candidates for U.S. Senator (Sec. Sec. 1-4-603, 1-4-
            801(2)(c).
              No person who attempted and failed to receive at
            least ten percent of the votes for the nomination of a
            political party assembly for a particular office shall
            be placed in nomination by petition on behalf of the
            political party for the same office (Sec. 1-4-801(4)).
            Petitions shall not be circulated before the last
            Monday in March (Sec. 1-4-801(5)). Petitions shall be
            filed no later than 15 days before the primary election
            (Sec. 1-4-801(5)).
              Minor party candidate
              Minor political party may nominate candidates in
            accordance with 1-4-302, 1-4-402(1)(a), and 1-4-502(1).
            (Sec. 1-4-1304).
              Independent candidate
              Certificate of nomination.--Signatures of eligible
            voters, equal in number to the lesser of 1000 or two
            percent of the votes cast for the office of Senator in
            the most recent general election, are required. File
            with Secretary of State not later than 3 p.m. on the
            55th day preceding the congressional vacancy election
            (Sec. 1-4-802(c), (f)).
              Filing Fees and Assessments.--No statutory provision.
    Crossfiling by Candidates.
              Prohibited. Candidate must have been affiliated with
            party whose nomination he seeks for at least twelve
            months prior to nomination (Sec. Sec. 1-4-101(3), 1-4-
            601(4), 1-4-801(3)).
    Write-in Provisions.
              Permitted in primary and in general election
            (Sec. Sec. 1-4-1101, 1-5-407(3)); on voting machines
            (Sec. 1-5-405(2)); on electronic voting ballots
            (Sec. 1-5-408(2)).
              A write-in candidate for any election must file an
            affidavit of intent with the Secretary of State by the
            close of business on the 67th day before the election,
            and no write-in vote shall be counted unless the
            candidate for whom the vote was cast has filed such
            affidavit of intent (Sec. Sec. 1-4-1101, 1-4-1102).
    Vacancy in Office.
              (1) Whenever a vacancy happens in the office of
            United States Senator from this State, the Governor
            shall make a temporary appointment to fill such vacancy
            until the same is filled by election.
              (2) When a vacancy happens, the Governor shall direct
            the Secretary of State to include in the general
            election notice for the next general election a notice
            of the filling of such vacancy. The Secretary of State
            shall give notice accordingly. At such election the
            vacancy shall be filled for the unexpired term. If for
            any reason, no United States Senator is elected at the
            next general election, the person temporarily appointed
            by the Governor shall hold the office until a United
            States Senator is elected at a succeeding general
            election (Sec. 1-12-201).

                                  Connecticut

      Unless otherwise designated, references are to Connecticut General
                Statutes Annotated (1989), current through 2005.

    Primary Elections, when held.
              Must be held by parties whose gubernatorial candidate
            polled at least 20 percent of total vote for all
            candidates for Governor or which had, at the last
            preceding gubernatorial election, a number of enrolled
            members on the active registry list equal to 20 percent
            of the total number of enrolled members of all
            political parties on the active registry list in the
            state (Sec. Sec. 9-381, 9-372(5)). May be held by minor
            parties if party rules so provide (Sec. 9-451).
              If, at a state convention, no person other than a
            party-endorsed candidate has received at least 15
            percent of the votes of the delegates or if within the
            time specified, no candidacy for nomination by a
            political party to the office has been filed by or on
            behalf of a person other than a party-endorsed
            candidate, no primary shall be held by the party for
            the office and the party-endorsed candidate for the
            office shall be deemed to have been lawfully chosen as
            the nominee of the party for the office (Sec. 9-416).
              Primary Date.--Fifty-sixth day preceding day of
            election (Sec. 9-423) (September 12, 2006).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary, if held
              Party-endorsed candidate.--State convention shall
            choose candidate according to party rules (Sec. 9-382).
            Such convention shall be convened not earlier than the
            68th day and closed not later than the 50th day
            preceding the primary election (respectively). Filing
            deadline is the fourteenth day after the State
            convention (Sec. 9-400).
              Certificate of endorsement
              Whenever a convention of a political party is held
            for the endorsement of candidates for nomination to
            state or district office, each candidate endorsed at
            such convention shall file with the secretary of the
            state a certificate, signed by him, stating that he was
            endorsed by such convention, his name and full
            residence address, and the title and district, if
            applicable, of the office for which he was endorsed.
            Such certificate shall be attested by either (1) the
            chairman or presiding officer or (2) the secretary of
            such convention and shall be received by the secretary
            of the state not later than 4 p.m. on the 14th day
            after the close of such convention (Sec. Sec. 9-388, 9-
            400).
              Candidates of minor parties
              Parties whose candidate for this office at the last
            general election for such office received at least 1
            percent of total vote for all candidates for such
            office may nominate candidate in accordance with their
            party rules which were filed with the Secretary of
            State at least 60 days in advance of such nomination.
            Presiding officer of nominating body shall certify
            candidate to Secretary of State not less than 60 days
            before election (Sec. Sec. 9-372(6); 9-374; 9-451; 9-
            452).
              Nominating petition--Signatures of qualified voters
            are required, equal in number to the lesser of 1
            percent of all votes cast for the same office at last
            general election for such office or 7,500 (Sec. 9-
            453(d)). File with the town clerk of the town in which
            the signers reside or with the secretary of state not
            later than 4 p.m. of the 90th day prior to the regular
            election (Sec. Sec. 9-453a--9-453t). No party
            designation may be specified in the petition unless
            such designation has been reserved in accordance with
            Sec. 9-453u or unless the designation is the same name
            as a minor party entitled to nominate candidates for a
            different office or offices on the same ballot.
    Filing Fees and Assessments
              No statutory provisions were found.
    Crossfiling by Candidates
              Candidates who are nominated by a major or minor
            party are prohibited from appearing on the ballot by a
            nominating petition (Sec. 9-453t). And being a
            candidate in any other political party or organization
            is prima facie evidence of party disaffiliation
            (Sec. 9-61 as amended by Public Act 97-154, Sec. 10).
    Communist Party Barred From Ballot. (Op. Atty. Gen. (June 17,
            1964), 25 Conn. L.J. No. 32, p. 17).
    Write-in Provisions.
              Apparently permitted in any election upon
            registration of candidacy with the Secretary of State
            not earlier than 90 days before the election and not
            later than 4 p.m. on the 14th day before the election
            (Sec. 9-373a); on voting machines (Sec. 9-265).
    Vacancy in Office.
              In case of a vacancy in the office of Senator in
            Congress, the Governor is empowered to fill such
            vacancy by appointment. If such vacancy occurs 60 or
            more days prior to a state election, the appointee
            shall serve until the third day of January following
            such election, and at such election there shall be
            elected a Senator in Congress to serve for the
            remaining portion, if any, of the term vacated. If such
            vacancy occurs within less than 60 days of a state
            election and the term vacated does not expire on the
            third day of January following such election, the
            appointee shall serve until the third day of January
            following the next such election but one, and at such
            next election but one there shall be elected a Senator
            in Congress to serve for the remaining portion, if any,
            of the term vacated. If such vacancy occurs within less
            than 60 days of a state election and the term vacated
            expires on the third day of January following, the
            appointee shall serve until such third day of January
            (Sec. 9-211).

                                    Delaware

    Unless otherwise indicated, references are to Title 15 of the Delaware
         Code Annotated 1999 Replacement Volume, current through 2005.

    Primary Elections, when held.
              First Saturday next following the first Monday in
            September (Sec. 3101(3)) (September 9, 2006).
    Nominating Papers, Petitions, Etc.
              Party candidates.--Notify Chairman of State political
            party committee on or before 12 p.m. of the last Friday
            in July (Sec. Sec. 3106(a)(1), 3101(1)).
              Independent candidates.--Filing deadline for ballot
            access is September 1 of the election year (Sec. 3002).
            Must file a sworn declaration of candidacy with the
            State Election Commissioner. Must also file nominating
            petitions signed by not less than 1 percent of the
            total number of voters registered as of December 31 of
            the year immediately preceding the general election
            year in the State (Sec. 3002(b)).
    Filing Fees and Assessments.
              Filing fees required on giving notice of candidacy
            (Sec. 3106(a)(1)(b)). The filing fee is to be set by
            the State Executive Committee of the respective
            political party (Sec. 3103(a)(1)); but in no event is
            to exceed 1 percent of the total salary for the entire
            term of office for which the candidate is filing
            (Sec. 3103(b)).
    Crossfiling by Candidates. Unaffiliated candidates must state
            in their declarations of candidacy that they have not
            been affiliated with any political party 3 months prior
            to the filing of such declarations (Sec. 3002(b)).
    Write-in Provisions.
              Permitted in general election (Sec. Sec. 4502, 4506,
            4976); on voting machines (Sec. 5001(a)(3)); for
            electronic voting systems (Sec. 5001A(a)(3). Apparently
            permitted in the primaries (Sec. Sec. 3126, 4502, 4976,
            5000A, 5001A(a)(3)).
    Vacancy in Office.
              When a vacancy occurs in the office of the United
            States Senate, it shall be filled for the unexpired
            term at the next general election. The Governor may
            make a temporary appointment from among the qualified
            electors of the State until the vacancy is filled by
            the next general election (Sec. 7321).

                                    Florida

      Unless otherwise indicated, references are to the Florida Statutes
                      Annotated 1982 current through 2005.

    Primary Elections, when held.
              In each year in which a general election is held, a
            primary election for nomination of candidates of
            political parties shall be held on the Tuesday 9 weeks
            prior to the general election (September 5, 2006). The
            candidate receiving the highest number of votes shall
            receive the nomination. If two or more candidates tie
            for the highest number of votes, the candidates shall
            draw lots to determine which is nominated
            (Sec. 100.061).
    Nominating Papers, Petitions, Etc.
              Qualification papers, which include candidate's oath,
            (Sec. 99.021), to be filed any time after noon of 120th
            day but before noon of 116th day before the first
            primary; file with Department of State (Sec. 99.061(1),
            Supp.).
              Independent candidate.--Independent candidate's name
            may appear on general election ballot provided he is
            otherwise qualified and submits petitions to the
            supervisor of elections in each county in which
            petitions were circulated no later than noon of the
            116th day prior to the first primary preceding the
            general election, containing signatures of 3 percent of
            the registered electors of Florida. Supervisors certify
            to the Department of State within 30 days of the last
            day for qualifying that the signers of the petitions
            are registered electors of the county. On notice of
            sufficient signatures from the Department of State, the
            candidate shall qualify with the Department of State
            and take the required oath. (Sec. 99.0955, Supp.).
              Minor party candidates.--Minor political party is any
            group which on January 1 preceding a primary election
            does not have registered as members 5 percent of the
            total registered electors of the State
            (Sec. 97.021(15), Supp.).
              The executive committee of a minor party shall submit
            a list of federal candidates nominated by the party to
            the Department of State no later than noon on the third
            day prior to the first day of the qualifying period
            prescribed for federal candidates (Sec. 99.096).
    Filing Fees and Assessments.
              Amount--filing fee. Three percent of annual salary of
            the office sought. (Sec. 99.092(1), Supp.).
              Election assessment.--One percent of annual salary of
            the office sought. (ibid.).
              Party assessment.--Two percent of annual salary of
            the office sought (ibid.).
              Date of payment.--Filing fee and party assessment
            shall be paid when qualification papers are filed
            (99.061(1), Supp.).
              To whom paid.--Department of State (ibid.).
              Alternative petition.--A person may qualify to have
            his name on the ballot by a petitioning process and is
            not required to pay the qualifying or party assessment.
            (Sec. 99.095).
    Crossfiling by Candidate.
              Prohibited. Candidate is required to take an oath and
            state party membership and assert that he has not been
            a candidate for nomination for any other party for a
            period of 6 months preceding the general election for
            which he qualified (Sec. 99.021). Candidate must also
            state that he has not qualified for any other public
            office in the State, the term of which office or any
            part thereof runs concurrently to the office he seeks
            (ibid.).
    Subversive Parties Barred from Ballot.
              Communist Party.--Sec. Sec. 876.01, 876.02, 876.30,
            Florida Statutes Annotated.
              Advocating overthrow of Government by force.--
            Sec. Sec. 876.01, 876.30, Florida Statutes Annotated.
    Write-in Provisions.
              (Sec. 101.6951 providing for write-in ballots).
    Vacancy in Office.
              If a vacancy happens in the representation of the
            State in the United States Senate, the Governor shall
            issue a writ of election to fill such vacancy at the
            next general election; and the Governor may make a
            temporary appointment until the vacancy is filled by
            election (Sec. 100.161).

                                    Georgia

        Unless otherwise designated, references are to the Georgia Code
                    Annotated (1998), current through 2005.

    Primary Elections, when held.
              Primary elections are held on the third Tuesday in
            July in each even-numbered year (Sec. 21-2-150). (July
            18, 2006).
              Candidates may qualify for an election by (1)
            nomination in party primary; (2) filing nomination
            petition as an independent or as nominee of political
            convention; (3) nomination of presidential electors;
            (4) substitute nomination of a political party; (5)
            participation in special election; or (6) being an
            incumbent (Sec. 21-2-130).
    Nominating Papers, Petitions, Etc.
              Political party nominees
              The names of nominees of political parties nominated
            in a primary shall be placed on the ballots without
            their filing the notice of candidacy otherwise required
            (Sec. 21-2-132).
              Political bodies shall hold their conventions in
            accordance with Code Section 21-2-172 and candidates
            nominated for state-wide public office in convention
            shall file a notice of candidacy no earlier than 9 a.m.
            on the fourth Monday in June and no later than 12 noon
            on the Friday following the fourth Monday in June as
            prescribed in Code Section 21-2-132; provided, however,
            that the political body must file its qualifying
            petition no later than 12 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).
              A candidate for any party nomination in a primary may
            qualify by either of the two following methods:
                      (1) Payment of a qualifying fee pursuant to
                    Code Section Sec. 21-2-131; [3% of annual
                    salary of the office sought] or
                      (2) The submission of a pauper's affidavit by
                    any candidate who has filed a qualifying
                    petition by which the candidate under oath
                    affirms his poverty and his resulting inability
                    to pay the qualifying fee otherwise required
                    (Sec. 21-2-153).
              No candidate shall be authorized to file a pauper's
            affidavit in lieu of paying the qualifying fee
            otherwise required unless such a candidate has filed a
            qualifying petition which complies with the following
            requirements:
                      A qualifying petition of a candidate seeking
                    an office which is voted upon state wide shall
                    be signed by a number of voters equal to one-
                    fourth of 1 percent of the total number of
                    registered voters eligible to vote in the last
                    election for the filling of the office the
                    candidate is seeking and the signers of such
                    petition shall be registered and eligible to
                    vote in the election at which such candidate
                    seeks to be elected (Sec. 21-2-153).
              Unless otherwise provided by law, all candidates for
            party nomination in a primary shall qualify as such
            candidates in accordance with the procedural rules of
            their party; provided, however, that no person shall be
            prohibited from qualifying for such office if he:
                      (1) Meets the requirements of such procedural
                    rules;
                      (2) Is eligible to hold the office which he
                    seeks;
                      (3) Is not prohibited from being nominated or
                    elected by provisions of Code Section Sec. 21-
                    2-7 or Sec. 21-2-8; and
                      (4) If party rules so require, affirms his
                    allegiance to his party by signing the
                    following oath: ``I do hereby swear or affirm
                    my allegiance to the (name of party) Party.''
                    (Sec. 21-2-153(b)(4)).
              In the case of general primary, the candidates shall
            commence qualifying at 9 a.m. on the fourth Monday in
            April and shall cease qualifying at 12 noon on the
            Friday following the fourth Monday in April (Sec. 21-2-
            153(c)).
              Each candidate for party nomination shall file an
            affidavit with the political party at the time of his
            qualifying. (For details concerning such affidavit, see
            Sec. 21-2-153(f).)
            Independent candidates
              All other candidates shall file their notice of
            candidacy and pay the prescribed qualifying fee by the
            date prescribed in this Code section in order to be
            eligible to have their names placed on the election
            ballot by the Secretary of State or election
            superintendent, as the case may be, in the following
            manner:
              Each candidate for federal or state office, or his
            agent, desiring to have his name placed on the election
            ballot shall file a notice of his candidacy, giving his
            name, residence address, and the office he is seeking,
            in the office of the Secretary of State no earlier than
            9 a.m. on the fourth Monday in June and no later than
            12 noon on the Friday following the fourth Monday in
            June in the case of a general election (Sec. 21-2-
            132(c)).
              Each candidate required to file a notice of candidacy
            by this Code section shall, no earlier than 9 a.m. on
            the fourth Monday in June and no later than 12 noon on
            the second Tuesday in July immediately prior to the
            election, file with the same official with whom he
            filed his notice of candidacy a nomination petition in
            the form prescribed in Code Section 21-2-170
            (exceptions to this requirement are stipulated)
            (Sec. 21-2-132(d)). Each candidate required by this
            Code section to file a notice of candidacy shall
            accompany his notice of candidacy with an affidavit.
            (For details concerning such affidavit, see Sec. 21-2-
            132(f).)
              A nomination petition of a candidate seeking an
            office which is voted upon state wide shall be signed
            by a number of voters equal to 1 percent of the total
            number of registered voters eligible to vote in the
            last election for the filling of the office the
            candidate is seeking and the signers of such petition
            shall be registered and eligible to vote in the
            election at which such candidate seeks to be elected
            (Sec. 21-2-170(b)). No nomination petition shall be
            circulated prior to 180 days before the last day on
            which such petition may be filed, and no signature
            shall be counted unless it was signed within 180 days
            of the last day for filing the same (Sec. 21-2-170(e)).
    Filing Fees and Assessments.
              Each candidate qualifying for a primary with a state
            political party and each non-primary candidate filing
            notice of candidacy with Secretary of State, to pay
            filing fee of three percent of annual salary of the
            office sought (Sec. 21-2-131(a)(1)(A)). Party primary
            candidates to pay fee to state political party at time
            of qualification; all other candidates to pay fee to
            Secretary of State at time of filing notice of
            candidacy (Sec. 21-2-131(b)).
              Alternatively, party primary candidate may file
            pauper's affidavit, under oath, certifying inability to
            pay fee (Sec. 21-2-153(a)(2)(A)).
    Crossfiling by Candidates.
              Candidates shall qualify according to party rules and
            pledge allegiance to party (Sec. 21-2-153(b)).
    Subversive Parties Barred from Ballot.
              No person who has been adjudged a ``subversive
            person,'' as defined in Part 2 of Article 1 of Chapter
            11 of Title 16, the ``Sedition and Subversive
            Activities Act of 1953,'' shall be nominated or elected
            (Sec. 21-2-7).
    Write-in Provisions.
              Permitted in general election (Sec. 21-2-2, 21-2-133,
            21-2-381.1, & 21-2-381.2).
              No person elected on a write-in vote shall be
            eligible to hold office unless notice of intention of
            candidacy was given no earlier than January 1 and no
            later than the Tuesday after the first Monday in
            September prior to a general election, or at least 20
            days prior to a special election, to the Secretary of
            State and by publication in a paper of general
            circulation in the State (Sec. 21-2-133, Supp.).
    Vacancy in Office.
              In the event of a vacancy, it shall be filled by
            special election at the next November election,
            occurring at least 40 days after the occurrence of such
            vacancy, and until such election, the Governor may make
            a temporary appointment to fill such vacancy (Sec. 21-
            2-542).

                                     Hawaii

       Unless otherwise indicated, references are to the Hawaii Revised
                 Statutes Annotated 1998, current through 2005.

    Primary Elections, when held.
              Second to last Saturday of September (September 9,
            2006) in every even numbered year, provided that in no
            case shall any primary election precede a general
            election by less than 45 days (Sec. 12-2).
    Nominating Papers, Petitions, Etc.
              No person shall be a candidate for any general
            election unless he has been nominated in the preceding
            primary (Sec. 12-2).
              Party candidate for primary.--Nominating paper signed
            by not less than 25 registered voters (Sec. Sec. 12-3
            and 12-5) who are eligible to vote for the candidate at
            the next election (Sec. 12-4), to be filed with the
            chief election officer (i.e., the lieutenant governor,
            see Sec. Sec. 11-1, 11-2) not later than 4:30 p.m. on
            the 60th day before the primary (Sec. 12-6).
              Non-partisan candidate.--Same as party candidate
            (Sec. 12-3).
              Loyalty oath.--File with nomination papers (Sec. 12-
            7).
              New Party.--Must file petition with signatures of not
            less than one percent of total registered voters of the
            state by 4:30 p.m. on the 170th day before the next
            primary (Sec. 11-62).
    Filing Fees and Assessments (Sec. 12-6).
              Amount.--$75.
              Date of payment.--When filing nomination papers.
              To whom paid.--Chief Election officer (i.e.,
            lieutenant governor, see Sec. Sec. 11-1, 11-2).
              Alternatively, file statement of indigency and
            petition signed by at least one-half of one percent of
            the total voters registered statewide at the time of
            filing.
    Crossfiling by Candidates (Sec. 12-3).
              Prohibited. Candidate must certify that he is a
            member of the party. Also, nomination papers may not be
            filed in behalf of any person for more than one party
            or for more than one office nor shall any person file
            nomination papers both as a party candidate and as a
            nonpartisan candidate.
    Subversive parties Barred from Ballot.
              Candidate must swear allegiance to laws of Nation and
            State (Sec. 12-7). No person shall hold any public
            office or employment who has been convicted of any act
            to overthrow, or attempt to overthrow, or conspiracy
            with any person to overthrow the government of Hawaii
            or of the United States by force or violence (Const. of
            Hawaii, Art. XVI, Sec. 3).
    Write-in Provisions.
              No provisions were found.
    Vacancy in Office.
              When a vacancy occurs in the office of a United
            States Senator, the vacancy shall be filled for the
            unexpired term at the following state general election,
            provided that the vacancy occurs not later than 4:30
            p.m. on the 60th day prior to the date of the primary
            for nominating candidates to be voted for at the
            election; otherwise at the state general election next
            following. The chief election officer shall issue a
            proclamation designating the election for filling the
            vacancy. Pending the election, the governor shall make
            a temporary appointment to fill the vacancy and the
            person so appointed shall serve until the election and
            qualification of the person duly elected to fill the
            vacancy and shall be a registered member of the same
            political party as the Senator causing the vacancy. All
            candidates for the unexpired term shall be nominated
            and elected in accordance with this title (Sec. 17-1).

                                     Idaho

    Unless otherwise designated, references are to the Idaho Code Annotated
                    1995 Replacement, current through 2005.

    Primary Elections, when held.
              Fourth Tuesday in May (May 23, 2006). (Sec. 34-601).
    Political Party.
              Created in one of three ways: either (1) having three
            or more candidates for state or national office listed
            under party name at last general election; (2) having
            one of its state or national candidates poll at least 3
            percent of the aggregate vote cast for governor; or (3)
            by a petition of qualified electors equal to 2 percent
            of the aggregate vote cast for presidential elections
            at the last presidential election, filed with Secretary
            of State on or before August 30 of even numbered years
            (Sec. 34-501).
              All candidates for U.S. Senator to be nominated at
            primary or as otherwise provided by law (Sec. 34-703).
    Nominating Papers, Petitions, Etc.
              Party candidates.--File declaration of candidacy
            between 8 a.m. on the twelfth Monday and 5 p.m. on the
            tenth Friday before primary (Sec. 34-704) with
            Secretary of State (Sec. Sec. 34-604, 34-705).
              Independent candidates.--Prohibited in primary
            (Sec. 34-708(1)). In general election, between 8 a.m.
            on the tenth Monday preceding the primary and 5 p.m. on
            the eighth Friday preceding the primary, file
            declaration of candidacy with Secretary of State
            (Sec. 34-705), along with petition containing 1,000
            signatures of qualified electors (Sec. 34-708(2)).
    Filing Fees and Assessments.
              $500. (Sec. 34-604), payable when filing declaration
            of candidacy.
    Crossfiling by Candidates.
              Prohibited. All candidates must declare party
            affiliation in declaration of candidacy; and candidates
            who file a declaration of candidacy under a party name
            and are not nominated at the primary election may not
            be allowed to appear on the general election ballot
            under any other political party name, or as an
            independent candidate (Sec. 34-704).
    Write-in Provisions.
              Permitted in primary (Sec. 34-904); and general
            elections (Sec. 34-906); on voting machines (Sec. 34-
            2410(1)(c)). To get on the general election ballot,
            write-in candidate must receive 1,000 write-in votes in
            the primary (Sec. 34-702). Write-in candidates must
            file a declaration of candidacy with the secretary of
            state and pay the filing fee required by the office
            within 10 days following the primary election (Sec. 34-
            702).
    Vacancy in Office.
              Whenever any vacancy shall occur in the office of
            United States Senator from the State of Idaho by death,
            resignation or otherwise, the governor shall have the
            power and is hereby authorized and empowered to fill
            such vacancy by appointment, and the person so
            appointed shall hold office until such time as a United
            States Senator is regularly elected to fill such
            vacancy at the next succeeding general election, and
            qualifies by virtue of such election; provided,
            however, that in case a vacancy occurs in the position
            of United States Senator from the state of Idaho within
            30 days of any general election, no election for United
            States Senator to fill said vacancy shall be held at
            such general election (Sec. 59-910).

                                    Illinois

        Unless otherwise indicated, references are to Chapter 10 of the
       Illinois Compiled Statutes annotated, 1993, current through 2005.

    Primary Elections, when held.
              Third Tuesday in March (March 21, 2006). (Sec. 512A-
            1.1).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary
              Petition for nomination, including statement of
            candidacy (Sec. 5/7-10). Petitions for nomination must
            be signed by not less than 5,000 nor more than 10,000
            primary electors of party (Sec. 5/7-10); file with
            State Board of Elections not more than 99 days and not
            less than 92 days before primary (Sec. 5/7-12(1)).
              Nomination papers filed under section 5/7-12 are not
            valid if the candidate fails to file a statement of
            economic interests as required by the Illinois
            Governmental Ethics Code in relation to his candidacy
            with the appropriate officer by the end of the period
            of the filing of nomination papers, unless he has filed
            a statement of economic interests in relation to the
            same governmental unit with that officer within a year
            preceding the date on which the nomination papers were
            filed (Sec. 5/7-12(8)).
              Minor and new party candidates and independent
            candidates
              Petition for nomination (minor and new parties) and
            nomination papers (independents). Include signatures of
            not less than one percent of voters who voted at the
            last statewide election or 25,000 qualified voters,
            whichever is less (Sec. Sec. 5/10-2, 5/10-3). Present
            to State Election Board at least 92 days but not more
            than 99 days before the day of election for which
            candidates are nominated (Sec. 5/10-6).
    Filing Fees and Assessments.
              No statutory provisions were found.
    Crossfiling by Candidates (Sec. 5/10-7).
              Prohibited. If candidate's name appears on petition
            of more than one party or group, candidate must choose
            one. If nominated for two or more incompatible offices,
            candidate must choose one (Sec. 5/8-9).
    Subversive Parties Barred from Ballot.
              Communist Party.--Sec. Sec. 5/7-2, 5/10-2.
              Party advocating overthrow of Government by force or
            violence.--Sec. Sec. 5/7-2, 5/10-2.
    Write-in Provisions.
              Permitted in primary (Sec. 5/7-46), in general
            election (Sec. 5/17-11), on voting machines (Sec. 5/24-
            1), on punch card voting system (Sec. 5/24A-7), and on
            electronic voting systems (Sec. 5/24A-7).
    Vacancy in Office.
              When a vacancy shall occur in the office of United
            States Senator from Illinois, the Governor shall make
            temporary appointment to fill such vacancy until the
            next election of representatives in Congress, at which
            time such vacancy shall be filled by election, and the
            senator so elected shall take office as soon thereafter
            as he shall receive his certificate of election
            (Sec. 5/25-8).

                                    Indiana

        Unless otherwise indicated, references are to the Burns Indiana
                   Statutes Annotated, current through 2005.

    Primary Elections, when held.
              First Tuesday after first Monday in May in general
            election years (Sec. 3-10-1-3). (May 2, 2006).
    Nominating papers, petitions, etc., for candidate for United
            States Senate.
              Party primary candidate
              Declaration of candidacy.--File declaration of
            candidacy with secretary of state, by noon on the 74th
            day preceding the primary (earliest filing date: 104
            days before primary) (Sec. Sec. 3-8-2-4, 3-8-2-5).
              Nominating Petitions.--File petitions, signed by at
            least 4,500 registered voters of the State (at least
            500 from each congressional district), with declaration
            of candidacy (Sec. 3-8-2-8).
              Independent candidate, and candidate of new and minor
            party
              Petition of nomination.--Signatures required, from
            registered voters, equal in number to two percent, of
            total vote cast for secretary of state at last
            preceding general election (Sec. 3-8-6-3). File with
            Secretary of State by 12 noon July 15 (Sec. Sec. 3-8-6-
            10).
    Filing Fees and Assessments.
              No provisions were found.
    Crossfiling by Candidates.
              Prohibited. Candidate must be registered voter and
            member of party in primary election. Any person who
            executes and files a declaration of candidacy for that
            office in the same primary election in a different
            political party until the original declaration is
            withdrawn (Sec. 3-8-2-16).
    Write-in Provisions.
              Permitted in general elections (Sec. Sec. 3-8-2-2.5,
            3-8-2-4, 3-8-2-5); on voting machines (Sec. 3-11-5-10).
    Vacancy in Office.
              (a) A vacancy that occurs, other than by resignation,
            in the United States Senate shall be certified to the
            governor by the secretary of state.
              (b) The governor shall immediately fill a vacancy in
            the United States Senate by appointing a person
            possessing the qualifications required under Article 1,
            Section 3, Clause 3 of the Constitution of the United
            States. The person appointed holds office until the
            next general election, when the vacancy shall be filled
            by the election of a Senator in a special election to
            hold office for the unexpired term.
              (c) If a vacancy in the United States Senate occurs
            after the last day on which notice of the special
            election can be published under IC 3-10-8-4, the person
            appointed under subsection (b) holds office until the
            vacancy is filled in a special election held at the
            time of the next general election for which notice can
            be published under IC 3-10-8-4 (Sec. 3-13-3-1).

                                      Iowa

     Unless otherwise indicated references are to the Iowa Code Annotated
                                    (2005).

    Primary Elections, when held.
              First Tuesday after the first Monday in June in even-
            numbered years (June 6, 2006) (Sec. 43.7).
              United States Senators shall be nominated and elected
            in the year preceding the expiration of term of office
            of incumbent (Sec. 43.6).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary
              Nomination papers.--Signatures are required of at
            least one percent of the party voters in each of at
            least ten counties of the State and in the aggregate
            not less than one-half of 1 percent of total party vote
            in State as shown in last general election
            (Sec. 43.20). File with State Commissioner of Elections
            not more than 99 nor less than 81 days before primary
            (filing deadline: 5 p.m.) (Sec. 43.11(2)).
              Affidavit by candidate of eligibility to party
            candidacy.--File with nomination papers
            (Sec. Sec. 43.18, 43.19).
              Candidacy of nonparty political organizations.--Party
            which did not cast at least 2 percent of total vote
            cast for President or Governor at last general election
            (Sec. 43.2) may nominate one candidate by convention or
            caucus (Sec. 44.1).
              Nomination certificate signed by the chairman and
            secretary of convention or caucus shall be filed with
            State Commissioner of Elections not more than 99 or
            less than 81 days (filing deadline: 5 p.m.) before
            general election (Sec. Sec. 44.2, 44.3, 44.4) together
            with names of at least 250 qualified electors who
            attended convention caucus, with at least one elector
            from each of 25 counties (Sec. 44.1).
              Independent candidates
              Nomination petition.--Signatures are required of not
            less than 1,500 eligible voters residing in not less
            than ten counties of the State (Sec. 45.1). File with
            State Commissioner of Elections not more than 99 nor
            less than 81 days (deadline: 5 p.m.) before general
            election (Sec. Sec. 44.4, 45.4).
    Mininum Requirement for Nomination.
              Party candidate.--The candidate receiving the highest
            number of votes at the primary shall be the party
            nominee provided he received not less than 35 percent
            of all votes cast by his party for United States
            Senator (Sec. 43.65).
              If no candidate receives the required percentage, the
            nomination shall be made by State convention
            (Sec. Sec. 43.65, 43.78(1)(a)).
    Filing Fees and Assessments.
              No statutory provisions were found.
    Crossfiling by Candidates.
              Prohibited. Candidate must be affiliated with party
            (Sec. 43.18, generally; Sec. 43.67 write-in
            candidates). If nominated by more than one party,
            candidate must select one (Sec. 49.39). Voter in
            primary may write in the name of a person who is a
            candidate on some other party ticket, but this is not
            counted on the other party ticket (Sec. 43.39). Name of
            any candidate shall not appear more than once on ballot
            for the same office (Sec. 49.38). No one may be a
            candidate for more than one office filled at a primary
            (Sec. 43.20) or filled at the same election
            (Sec. 49.41).
              The name of a candidate nominated by any other method
            than by petition shall not be added to the general
            election ballot by petition (Sec. 45.2).
    Write-in Provisions.
              Permitted in primary (Sec. Sec. 43.26, 43.66) and in
            general election (Sec. 49.99); on voting machines
            (Sec. 52.16).
    Vacancy in Office.
              In the office of United States Senator, when the
            vacancy occurs when the Senate of the United States is
            in session or when such Senate will convene prior to
            the next general election, it shall be filled by the
            Governor. Such appointment shall be for the period
            until the vacancy is filled by election pursuant to law
            (Sec. 69.8).
              If a vacancy occurs in the office of Senator in the
            Congress of the United States 89 or more days prior to
            a general election, and the unexpired term in which the
            vacancy exists has more than 70 days to run after the
            date of that general election, the vacancy shall be
            filled for the balance of the unexpired term at that
            general election and the person elected to fill the
            vacancy shall assume office as soon as a certificate of
            election has been issued and the person qualified
            (Sec. 69.13).

                                     Kansas

        Unless otherwise designated, references are to Kansas Statutes
                                Annotated, 2004.

    Primary Elections, when held.
              First Tuesday in August of even-numbered years
            (Sec. 25-203), for nomination of candidates for United
            States Senator whose term will expire during next
            succeeding calendar year (Sec. 25-101). (August 1,
            2006).
    Nominating Petitions (See generally Sufficiency of Petitions,
            Sec. Sec. 25-3601 to 3607).
              Party candidate for primary
              Nomination papers.--Signatures are required, equal in
            number to not less than one percent of the total voter
            registration of the party designated in the state
            (Sec. 25-205). File with Secretary of State (Sec. 25-
            208) not later than 12 o'clock noon on June 10, prior
            to primary (Sec. 25-205).
              Declaration of intention to become a candidate.--May
            be filed by candidate in lieu of nomination petitions,
            with Secretary of State, not later than 12 o'clock noon
            on June 10, prior to primary (Sec. 25-205).
              New or minor parties
              Candidate of new party having a State or national
            organization or minor party which appeared on general
            election ballot at last preceding general election but
            whose candidate did not poll at least 5 percent of
            total State vote (Sec. 25-202).
              Such parties may nominate candidates by convention or
            caucus to be called by State chairperson only after
            filing with the Secretary of State not later than 12
            o'clock noon, June 1, prior to the primary election
            held on the first Tuesday of August in even-numbered
            years, petitions signed by qualified electors equal in
            number to at least 2 percent of the total vote cast for
            all candidates for Governor in the State in the last
            preceding general election (Sec. Sec. 25-302, 25-302a).
              Party certificate of nomination, signed by presiding
            officer and secretary of convention or caucus, should
            be filed with Secretary of State not later than 12
            o'clock noon June 10 (Sec. Sec. 25-202, 25-302, 25-
            305).
              Independent candidate
              Independent certificate of nominations.--Signatures
            of not less than 5,000 qualified voters of the State
            are required (Sec. 25-303). File with Secretary of
            State not later than 12 o'clock noon on the Monday
            preceding the first Tuesday of August (Sec. 25-305).
    Filing Fees and Assessments (Sec. 25-206).
              Fee is required only when party candidate for
            primary, in lieu of nomination petitions, files
            declaration of intention to become a candidate.
              Amount.--One percent of one year's salary.
              Date of payment.--At time of filing declaration of
            intention to become candidate.
              To whom paid.--Secretary of State.
    Crossfiling by Candidates.
              Prohibited. Candidate must be affiliated with party
            whose nomination he seeks (Sec. Sec. 25-205; 25-206).
            Candidate's name may appear only one place on ballot
            (Sec. Sec. 25-213, 25-613).
              No person shall accept more than one nomination for
            the same office (Sec. 25-306). No candidate shall file
            for office as a partisan candidate in a primary
            election and also file thereafter as an independent
            candidate (Sec. 25-202).
    Subversive Parties Barred from Ballot.
              Communist Party.--(Sec. Sec. 25-116, 25-117).
    Write-in Provisions.
              Permitted in primary only if there are no nomination
            petitions or declarations on file for any particular
            office. In such case the title of the office shall be
            printed on the ballot and names may be written in. In
            order to receive a write-in nomination in such a case,
            a person must receive at least votes equal in number to
            10 percent of the electors who voted for the Office of
            Secretary of State in the last preceding general
            election (Sec. 25-213). Permitted in general election
            (Sec. 25-616); on voting machines (Sec. 25-1330); and
            on electronic voting systems (Sec. 25-4409).
    Vacancy in Office.
              When a vacancy shall occur in the office of United
            States Senator from this state, the governor shall make
            a temporary appointment to fill such vacancy until the
            next election of representatives in Congress, at which
            time such vacancy shall be filled by election, and the
            senator so elected shall take office as soon thereafter
            as he shall receive his certificate of election (Sec.
            25-318).

                                    Kentucky

       Unless otherwise designated, references are to Kentucky's Revised
                    Statutes, updated through June 21, 2005.

    Primary Elections, when held.
              First Tuesday after the third Monday in May
            (Sec. 118.025) (May 16, 2006).
              Party candidate for primary (of party whose candidate
            received at least twenty percent of total vote at last
            presidential election) (Sec. Sec. 118-105, 118.015(1)).
              Notification and declaration of candidate signed by
            the candidate and at least two registered voters who
            are members of his party. File with Secretary of State
            no later than 4 p.m. on the last Tuesday in January,
            before primary (Sec. Sec. 118-125, 118.165). (January
            31, 2006).
              Candidate of minor political party
              Certificate of nomination.--Party which cast at least
            2 percent of total vote of last presidential election
            may nominate by convention or primary election held by
            party in accordance with its constitution and bylaws.
            The certificate of nomination by such a convention or
            primary election, signed by presiding officer and
            secretary of convention or by the proper committee
            chairman and secretary, shall be filed with Secretary
            of State not later than 4 p.m. on the second Tuesday in
            August before general election (Sec. Sec. 118.325,
            118.356, 118.365). Minor political parties that have
            failed to nominate candidates by convention may
            nominate by petition under same requirements as in the
            case of an independent candidate (Sec. 118.325).
              Statement of candidate.--A candidate for nomination
            by convention shall file a statement with the Secretary
            of State. (Sec. 118.325(3)).
              Independent candidate
              Nomination petition.--Signatures are required of
            5,000 legally qualified voters of the State
            (Sec. 118.315). File with Secretary of State
            (Sec. 118.356) not later than the second Tuesday in
            August before general election (Sec. 118.365).
    Filing Fees and Assessments. (Sec. 118.255).
              Amount.--$500.
              Date of payment.--At the time of filing nomination
            papers by candidate.
              To whom paid.--Secretary of State.
    Crossfiling by Candidates.
              Candidate who is defeated in primary cannot have his
            name printed on general ballot as candidate for same
            office as an independent or otherwise (Sec. 118.345).
              Candidate nominated by primary or party convention
            and also by petition can only have his name printed on
            ballot once and he may choose whether to be party
            candidate or independent (Sec. 118.335).
    Write-in Provisions.
              Permitted in regular and special elections
            (Sec. 117.265), on voting machines
            (Sec. Sec. 117.125(15), 117.145(3)), and on electronic
            voting systems (Sec. 117.381(4)). Write-in votes are
            counted only for candidates who have filed a
            declaration of intent with the Secretary of State not
            less than 10 days before the date of any regular or
            special election (Sec. 117.265).
    Vacancy in Office.
              The Governor shall fill vacancies in the office of
            United States Senator by appointment until the next
            regular election at which members of the lower branch
            of Congress are elected, and shall, under the Seal of
            the Commonwealth, certify the appointment to the
            President of the Senate of the United States. The
            certificate of appointment shall be countersigned by
            the Secretary of State (Sec. 63.200).

                                   Louisiana

     Unless otherwise designated, references are to the Louisiana Statutes
      Annotated, Title 18 (2004) and to the 2005 Cumulative Annual Pocket
                                     Part.

    Primary Elections, when held.
              First Saturday in October. (Sec. Sec. 402(B)(1),
            1272(A)). (October 7, 2006; see court decision below).
            The primary election involves all candidates; the two
            candidates with the highest number of votes appear on
            the general election ballot on the first Tuesday
            following the first Monday in November (November 7,
            2006) (Sec. Sec. 402(B)(2), 481, 482, 1272). No
            election of any kind shall be held on any of the days
            of Rosh Hashanah, Yom Kippur, Sukkoth, Shimini
            Atzereth, Simchas Torah, the first two days and the
            last two days of Passover, Shavuoth, Fast of AV, or the
            three days preceding Easter. If the date of any
            election falls on any of the above named days, the
            election shall be held on the same weekday of the
            preceding week(Sec. 402(G)).
    Nominating Papers, Petitions, Etc.
              A person who desires to become a candidate in a
            primary election shall qualify as a candidate by timely
            filing notice of his candidacy, which shall be
            accompanied either by the qualifying fee and any
            additional fee imposed or by a nominating petition
            (Sec. 461).
              Fall primary
              According to statute, Louisiana has a fall primary on
            October 7, 2006, which is a one-ballot primary in which
            all candidates appear (Sec. 401). The candidate who
            receives a majority of the votes in the primary is
            elected (Sec. 511). The general election on November 7,
            2006, serves as a runoff for the two top vote-getting
            candidates without a majority of the votes (Sec. 481).
              In Foster v. Love, the U.S. Supreme Court held that
            Louisiana statutes (Sec. Sec. 18:402(B)(1), 18:401(B),
            18:481 and 18:511(A)), providing for an ``open
            primary'' in October for election of Members of
            Congress and specifying that any candidate receiving a
            majority vote in that primary ``is elected,'' conflicts
            with federal law, 2 U.S.C. Sec. Sec. 1 and 7, providing
            for a uniform federal election day in November, and is
            void to the extent of the conflict.
              In the decision of the Court of Appeals for the Fifth
            Circuit, affirmed by the Supreme Court, it remanded
            with directions that the plaintiffs' request for
            injunctive relief be reconsidered if the Louisiana
            Legislature failed to act timely to resolve the
            conflict occasioned by the October primary. The
            Legislature declined to act in a 1998 special session
            called by the Governor and the district court did as
            directed and ordered elections consistent with the
            provisions of the Louisiana election code, federal
            statutes, and the holdings of the appellate court and
            the Supreme Court. The appellate court affirmed the
            orders of the district court in Love v. Foster, 147
            F.3d 383 (5th Cir. 1998). The district court ordered
            that the upcoming congressional election and, absent
            intervening action by the Legislature, future elections
            for members of Congress shall be held on federal
            election day, the first Tuesday following the first
            Monday in November. In 2000, that date will be November
            7. In the event no candidate receives a majority of the
            votes cast, the court ordered a runoff election on the
            next available election date contained in Louisiana
            law, Sec. 512(C), the third Saturday after the date on
            which the results of the election resulting in a tie
            were promulgated. The election results are promulgated
            by the Secretary of State on the twelfth day after the
            election day, unless that day is a Saturday, Sunday or
            legal holiday, in which case the results are
            promulgated on the next day which is not a Saturday,
            Sunday or legal holiday (Sec. 574(C)). In 2000, the
            runoff date would be December 9. Otherwise, the
            elections are to be conducted in full accordance with
            the Louisiana election code as currently written.
              Notice of candidacy
              A notice of candidacy shall be in writing and shall
            state the candidate's name, the office he seeks, the
            address of his domicile, the parish, ward, and precinct
            where he is registered to vote, and the political
            party, if any, with which he is registered as being
            affiliated. The notice of candidacy shall also include
            a certificate, signed by the candidate, certifying that
            he had read the notice of his candidacy and that all
            the statements contained in it are true and correct,
            and shall be executed before a notary public or
            witnessed by two persons who are registered to vote on
            the office the candidate seeks. The notice of candidacy
            shall also include a certificate, signed by the
            candidate, certifying that he is knowledgeable of
            certain prohibitions regarding the posting of political
            campaign signs (Sec. 463). Shall be filed with the
            Secretary of State during the period beginning on the
            third Wednesday in August and ending on the following
            Friday (Sec. Sec. 462(A), 467, 468).
              Nominating petition
              Shall be filed with the Secretary of State and shall
            accompany the notice of candidacy (Sec. Sec. 462(A),
            465(A)). A person may only be nominated by persons who
            are registered to vote on the office he seeks and sign
            a nominating petition for him no more than 120 days
            before the qualifying period opens for candidates in
            the primary election. Each voter who signs a nominating
            petition shall provide specified information and may
            not withdraw the nomination (Sec. 465(B)).
              The number of qualified voters who must timely sign a
            nominating petition for an office voted on throughout
            the State is 5,000, not less than 500 of which shall be
            from each of the congressional districts into which the
            State is divided (Sec. 465(C)(1)).
    Filing Fees and Assessments (Sec. 464(A), (B)(1)).
              Amount.--$600.
              Date of payment.--At time of filing notice of
            candidacy.
              To whom paid.--Secretary of State.
              A state central committee of a political party may
            fix and impose an additional fee to be collected in the
            manner provided in Sec. 464(C).
    Crossfiling by Candidates.
              Prohibited. A person shall not become a candidate in
            a primary or general election for more than one office
            unless one of the offices is membership on a political
            party committee (Sec. 453(A)).
    Subversive Parties Barred from Ballot.
              Communist Party.--(Sec. 14:365).
    Write-in Provisions.
              No statutory provisions (information received from
            office of Secretary of State).
    Vacancy in Office.
              The Governor may fill any vacancy in the office of
            United States Senator by appointment; however, if the
            United States Senate is in session when the vacancy
            occurs, the Governor, within ten days after receiving
            official notice of the vacancy, shall appoint a Senator
            to fill the vacancy.
              If a vacancy occurs in the office of United States
            Senator and the unexpired term is more than one year,
            any appointment to fill the vacancy shall be temporary,
            and any Senator so appointed shall serve until his
            successor is elected at a special election and takes
            office, and the Governor, within ten days after
            receiving official notice of the vacancy, shall issue
            his proclamation for a special election to fill the
            vacancy for the unexpired term. The date of the special
            election shall be established by the Governor in
            accordance with the provisions of R.S. 18:402(E). The
            election shall be conducted and the returns shall be
            certified as in regular elections for United States
            Senator. (Sec. 1278(A), (B)).

                                     Maine

    Unless otherwise designated, references are to Title 21-A of the Maine
       Revised Statutes Annotated, 1993 ed., and the 2004 Supplementary
                                   Pamphlet.

    Primary Elections, when held.
              Second Tuesday of June of each general election year
            (Sec. 339) (June 13, 2006).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary (Sec. Sec. 334-336).
              Primary petition.--Signatures by qualified voters of
            his party are required, equal in number to at least
            2,000 but not more than 3,000. File with Secretary of
            State before 5 p.m. on March 15 of the election year in
            which it is to be used (Sec. 335).
              Consent of candidate.--Written consent of candidate
            must be filed with his petition (Sec. 336).
              Independent candidate.--(Sec. Sec. 353-355).
              Nomination by petition.--Signatures by qualified
            voters of State are required, equal in number to at
            least 4,000 and not more than 6,000 voters. Must file
            petition in the office of the Secretary of State by 5
            p.m. on June 1 (Sec. 354). Must withdraw enrollment in
            a party on or before March 1 of the election year
            (Sec. 353).
              Written consent of each candidate must be filed with
            his nomination petition (Sec. 355).
              Note. A person may file as a candidate for any
            federal, state, or county office either by primary
            election or nomination petition, but not by both
            (Sec. 351).
              Write-in candidate.
              A person, whose name will not appear on the printed
            primary ballot because he did not file a petition and
            consent as required but who is otherwise eligible to be
            a candidate, may be nominated at the primary election
            if that person receives a number of valid write-in
            votes equal to at least twice the minimum number of
            signatures required on a primary petition for a
            candidate for that office (at least 4000 votes) and if
            he files a declaration with the Secretary of State
            either before the election or no later than 3 business
            days after the election. (Sec. Sec. 338, 723(1)(a)).
    Filing Fees and Assessments: No statutory provisions.
    Crossfiling by Candidates.
              Prohibited. Primary petition must contain the name of
            candidate's political party (Sec. 335(1)). Candidate's
            consent which must be filed with petition must state
            that candidate will accept the nomination of the party
            (Sec. 336(1)). Candidate must be enrolled on or before
            March 15 in party named in petition (Sec. 334). An
            independent candidate for nomination by nomination
            petition must withdraw his enrollment in a party on or
            before March 1 of the election year (Sec. 353).
              A person may file as a candidate for any federal,
            state, or county office either by primary election or
            nomination petition, but not by both. A person may not
            file, whether by primary election or nomination
            petition, as a candidate for more than one federal,
            state, or county office at any election except when one
            of the offices is either membership in a county charter
            commission or presidential elector (Sec. 351).
    Write-in Provisions.
              Permitted in primary (Sec. Sec. 338, 691, 723); in
            general election (Sec. 692); on voting machines
            (Sec. 812); on electronic voting systems (Sec. 843).
              Must write in the name and municipality of residence
            of the person whose name is written in (Sec. Sec. 691,
            692).
    Vacancy in Office.
              Within a reasonable time after a vacancy occurs, the
            Governor shall appoint a qualified person to fill the
            vacancy until his successor is elected and qualified.
              If the vacancy occurs 60 days or more before a
            regular primary election, nominees must be chosen at
            the primary and a successor elected for the remainder
            of the term at the general election.
              If the vacancy occurs less than 60 days before a
            regular primary election, nominees must be chosen at
            the next regular primary following the one in question,
            and a successor elected for the remainder of the term
            at the general election (Sec. 391).

                                    Maryland

     Unless otherwise designated, references are to Election Law Maryland
                Annotated Code 2003 and to the 2005 Supplement.

    Primary Elections, when held.
              In 2000 and every sixth year thereafter (Sec. 8-601)
            on the second Tuesday after the first Monday in
            September, except on the first Tuesday in March in
            those years the President is elected (Sec. 8-201)
            (September 12, 2006).
    Nominating Papers, Petitions, Etc.
              Nominations may be made by party primary or by
            petition (Sec. 5-701).
              Nomination by party primary.--Certificates of
            candidacy for the nomination shall be filed with the
            State Board of Elections (Sec. 5-302). Deadline for
            filing: Monday, 9 p.m., 10 weeks or 70 days before the
            primary election (Sec. 5-303). Filing fee: $290 must be
            paid to the State Board (Sec. Sec. 5-401, 5-403).
              Nomination by petition.--A declaration of intent to
            seek nomiantion shall be filed with the State Board of
            Elections. Deadline for filing: Monday, 9 p.m., 10
            weeks or 70 days before the primary election
            (Sec. Sec. Sec. 5-703, 8-203, and 5-303). Filing fee:
            No fee charged for declaration of intent (5-703).
              A certificate of candidacy shall be filed along with
            petitions signed by not less than 1% of the total
            number of voters except that the petitions shall be
            signed by at least 250 registered voters who are
            eligible to vote for the office. (Sec. Sec. 5-301, 5-
            703). Petition must be filed with Secretary of State
            (Sec. 6-205). Deadline for filing certificate and
            petition: No later than 5 p.m. on the first Monday in
            August in the year of the general election (Sec. 5-
            703).
              Independent candidate.--Nominations are made by
            petition (Sec. 5-701).
              Candidate of minor party.--Candidates of a political
            party that does not nominate by primary shall file a
            petition. Must have 1% of vote and filed with
            appropriate board by 5 p.m. on the first Monday in
            August of the election year (Sec. 5-701).
              Crossfiling by candidates.
              Candidate must be affiliated with the nominating
            party and may not be simultaneously a candidate for
            more than one public office (Sec. Sec. 5-203, 5-204).
              Write in provisions.
              The certificate of candidacy for the election of a
            write-in candidate shall be filed by the earlier of 7
            days after a total expenditure of at least $51 is made
            to promote the candidacy by a campaign finance entity
            of the candidate or 5 p.m. on the Wednesday proceeding
            the day of the election (Sec. Sec. Sec. 5-301, 5-704,
            5-303). Write-in candidates are prohibited during a
            primary election (Sec. 8-205).
            Vacancy in office.
              If there is a vacancy in the office of the United
            States Senator, the Governor shall appoint an eligible
            individual to fill the vacancy. If the vacancy occurs
            before the date that is 21 days before the deadline for
            filing certificates of candidacy for the next
            succeeding regular election, the Governor shall issue a
            proclamation declaring a special election (Sec. 8-602).
            Special election may be held to fill a vacancy in the
            office of United States Senator concurrently with a
            regular election (Sec. 8-401).

                                 Massachusetts

          Unless otherwise designated, references are to Chapter 53,
    Massachusetts General Laws Annotated (1991) and to the 1999 Cumulative
                              Annual Pocket Part.

    Primary Elections, when held.
              Seventh Tuesday preceding biennial State elections
            (Sec. 28) (September 19, 2006).
              Usually, primary elections are held only by political
            parties which polled at least 3 percent of the State
            vote for any office at the last preceding biennial
            election or which shall have enrolled a number of
            voters with its political designation equal to or
            greater than one percent of the entire number of voters
            registered in the commonwealth (see ch. 50, Sec. 1,
            definition of ``political party'').
    Nominating Papers, Petitions, Etc.
              Political party candidate for primary
              Nomination papers and candidate written acceptance.--
            Signatures of at least 10,000 qualified voters of his
            party are required (Sec. 44). A nomination paper must
            contain the candidate's written acceptance (Sec. 45).
            Submit nomination papers to registrars of city or town
            for certification on or before 5 p.m. of the 28th day
            before date of filing (Sec. 46) (May 9, 2000). File
            with Secretary of State on or before first Tuesday in
            June of the year in which a State election is to be
            held (Sec. 48).
              Registrar's certificate, showing that candidate is
            enrolled voter of party whose nomination he seeks for
            90 days prior to the last day for filing nomination
            papers. File with Secretary of State on or before
            deadline for filing nomination papers (Sec. 48).
              Independent candidate
              Nomination papers. 10,000 signatures of voters are
            required (Sec. 6). Candidate's written acceptance must
            accompany nomination papers (Sec. 9). Submit nomination
            papers to registrars of signers' city or town of voting
            residence, for certification on or before 5 p.m. of the
            28th day before the date of filing (Sec. 7). File with
            Secretary of State (Sec. 9) on or before last Tuesday
            in August of the year in which a State election is held
            (Sec. 10) (August 29, 2000). Also file certificate of
            registration as voter by deadline for filing nomination
            papers (Sec. 9).
              No person may be nominated as an independent
            candidate for any office to be filled at a state
            election if he has been enrolled as a member of a
            political party during the 90 days prior to the last
            day for filing nomination papers (Sec. Sec. 6, 48).
            Candidate must file, on or before the last day for
            filing nomination papers, a registrar's certificate
            showing that he is not enrolled as a member of any
            political party. (Sec. 6).
              Write-in candidate
              Candidate's written acceptance.--Candidate who was
            nominated by write-in votes at a primary must file,
            with Secretary of State, a written acceptance by 5 p.m.
            of the 13th day after the primary (Sec. 3) (October 2,
            2000).
    Filing Fees and Assessments.--No statutory provisions.
    Crossfiling by Candidates.
              Prohibited. Candidate must be enrolled member of
            political party whose nomination he seeks (Sec. 48). No
            person may be nominated as an independent candidate if
            he has been enrolled as a member of a political party
            during the 90 days prior to the last day for filing
            nomination papers (Sec. Sec. 6, 48). No person shall be
            a candidate for nomination for more than one office,
            except membership in political committees (Sec. 46).
    Write-in Provisions.
              Permitted in primary (Sec. 3), but to be deemed
            nominated (or elected at general election) person must
            receive at least as many write-in votes as equal to
            signatures that would be required to place his name on
            ballot as primary candidate (Sec. 40), and, in general
            election, on voting machines (ch. 54, Sec. 33D) and
            electronic voting systems (ch. 54, Sec. 33E).
    Vacancy in Office.
              If vacancy occurs after April 10 of an even-numbered
            year, the governor shall issue precepts to the alderman
            and the selectmen, directing the call of an election on
            the day appointed in the precepts, unless the office
            appears on the biennial stat election in that year. If
            the vacancy occurs after April 10 of an even-numbered
            year, but on or before 70 days preceding the regular
            state primary, the election shall be held on day of the
            regular state primary and biennial state elections. A
            senator elected to fill a vacancy shall serve for the
            remainder of the unexpired term (ch. 54,
            Sec. Sec. 140,152).

                                    Michigan

     Unless otherwise designated, references are to Michigan Compiled Laws
         Annotated, 1989 and to the 2005 Cumulative Annual Pocket Part.

    Primary Elections, when held.
              Tuesday after first Monday in August preceding
            general November elections (Sec. Sec. 168.92, 168.534)
            (August 8, 2006).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary
              Nominating petition and affidavit of
            identification.--Signatures of qualified registered
            electors are required and include at least 100 electors
            in each of at least one-half of the congressional
            districts of the state. File with Secretary of State
            not later than 4 p.m. of 12th Tuesday preceding August
            primary (Sec. Sec. 168.93, 168.551) (May 16, 2006).
            Candidate shall also file two copies of affidavit of
            identification with the Secretary of State at time of
            filing nomination petition (Sec. 168.558).
              Candidate of minor party.--Whose principal candidate
            received less than 5 percent of total vote cast for
            Secretary of State office in last preceding election--
            nomination shall be by caucus or convention
            (Sec. Sec. Sec. 168.92, 168.532, 168.686a). County
            caucuses and state conventions must be held not later
            than the August primary. A certificate of nomination, a
            written notice of acceptance by the candidate, and an
            affidavit of identity must be filed with the Secretary
            of State within 1 business day after the conclusion of
            the convention (Sec. 168.686a).
              Independent candidate.--The qualifying petition shall
            be signed by a number of qualified and registered
            electors of this state equal to not less than 1 percent
            of the total number of votes cast for all candidates
            for governor at the last election in which a governor
            was elected, which shall include at least 100
            registered electors in each of at least \1/2\ of the
            congressional districts of the state. All signatures
            shall be obtained not more than 180 days immediately
            before the date of filing (Sec. 168.590b). A qualifying
            petition for an office elected at the general election
            shall be filed with the Secretary of State not later
            than 4 p.m. of the 110th day before the general
            election (Sec. 168.590c) (July 20, 2006). An
            independent candidate cannot also be nominated as a
            write-in or political party candidate for an office at
            the same election at which he is seeking office as an
            independent, or at any other election during the same
            calendar year (Sec. 168.590g).
    Filing Fees and Assessments.--No statutory provisions apply to
            candidates for United States Senator.
    Crossfiling by Candidates.
              Prohibited. If candidate is nominated by more than
            one political party, he must select one
            (Sec. Sec. 168.692, 168.693). Candidate on primary
            ballot of one political party is not eligible as
            candidate of any other political party on general
            election ballot (Sec. 168.695).
    Write-in Provisions.
              Permitted in primary (Sec. 168.576); a write-in
            candidate must file a declaration of intent to be a
            write-in candidate with the Secretary of State on or
            before 4 p.m. on the Friday immediately preceding the
            election (Sec. 168.737a) (August 4, 2006). However,
            write-in candidate on primary ballot shall not be
            certified as a nominee unless he receives a total vote
            equal to not less than .15 of 1 percent of the total
            population of the state, but not less than 10 votes, or
            a total equal to 5 percent of the greatest number of
            votes cast by the party for any office at the primary
            in the state, for a candidate or for all candidates for
            nomination for an office for which only one person is
            to be nominated, whichever is greater (Sec. 168.582).
              Permitted in general election (Sec. Sec. 168.706,
            737(d)), on voting machines (Sec. Sec. 168.782a,
            168.784). A write-in candidate must file a declaration
            of intent to be a write-in candidate with the Secretary
            of State on or before 4 p.m. on the Friday immediately
            preceding the election (Sec. 168.737a) (November 3,
            2006).
    Vacancy in Office.
              Whenever a vacancy shall occur in the office of
            United States Senator, the Governor shall appoint some
            suitable person having the necessary qualifications for
            Senator. The person shall hold office from the time of
            his appointment and qualification until the first day
            of December following the next general election which
            occurs more than one hundred twenty days after such
            vacancy happens. At such general election, a United
            States Senator shall hold office from the first day of
            December following such election for the balance of the
            unexpired term (Sec. 168.105).

                                   Minnesota

    Unless otherwise designated, references are to Minnesota Statutes 2005.

    Primary Elections, when held.
              First Tuesday after second Monday in September in
            even-numbered years (Sec. 204D.03(1)) (September 12,
            2006).
    Nominating Papers, Petitions, Etc.
              Major party candidate for primary. A major political
            party must have presented at least one candidate for
            election to a partisan office at the last preceding
            general election, which candidate received votes in
            each county and received votes from not less than 5
            percent of the total number of individuals who voted in
            that election, or must have presented to the secretary
            of state a petition for a place on the state partisan
            primary ballot, which contains signatures of a number
            of party members equal to at least 5 percent of the
            total number of individuals who voted in the preceding
            general election (Sec. 200.02, Subd.7). The candidate
            for nomination of a major political party for a
            partisan office on the state partisan primary ballot
            who receives the highest number of votes shall be the
            nominee of that political party of that office
            (Sec. 204D.10, Subd. 1). File affidavit of candidacy
            with Secretary of State not more than 70 nor less than
            56 days before primary (Sec. Sec. 204B.03, 204B.09,
            Subd. 1).
              Minor party or independent candidate.--To be
            considered a minor party in all elections statewide, a
            political party must have presented at least one
            candidate for a partisan office voted on statewide at
            the preceding general election who received votes in
            each county that in the aggregate equal at least 1
            percent of the total number of individuals who voted in
            the election, or its members must have presented to the
            secretary of state a nominating petition in a form
            prescribed by the secretary of state containing the
            signatures of party members in a number equal to at
            least 1 percent of the total number of individuals who
            voted in the preceding general election (Sec. 200.02,
            Subd. 23).
              Signatures are required to be obtained during the
            period allowed for filing nominating petitions
            (Sec. 204B.08, Subd. 1), equal in number to 1 percent
            of the total number of persons voting at the last
            preceding State general election, or 2,000, whichever
            is less (Sec. 204B.08, Subd. 3). File nominating
            petitions and affidavit of candidacy with Secretary of
            State not more than 70 nor less than 56 days before
            primary (Sec. 204B.09, Subd. 1).
    Filing Fees and Assessments.
              Amount.--$400.
              Date of payment.--At time of filing affidavit of
            candidacy.
              To whom paid.--Secretary of State.
              A petition signed by 2,000 voters may be presented in
            lieu of the filing fee. (Sec. 204B.11).
    Crossfiling by Candidates.
              No individual shall be named on any ballot as the
            candidate of more than one major political party.
              A candidate may not seek the nomination of either a
            major or minor political party, or both, and file a
            nominating petition as an independent candidate for the
            same election. (Sec. 204B.04).
    Write-in Provisions.
              Not permitted in primary (Sec. Sec. 204B.36, Subd. 2,
            204D.08, Subd. 2).
              Permitted in general election (Sec. 204B.36, Subd.
            2).
    Vacancy in Office.
              Every vacancy shall be filled for the remainder of
            the term by a special election, except that no special
            election shall be held in the year before the term
            expires. The special election shall be held at the next
            November election if the vacancy occurs at least 6
            weeks before the regular primary preceding that
            election. If the vacancy occurs less than 6 weeks
            before the regular primary preceding the next November
            election, the special election shall be held at the
            second November election after the vacancy occurs. The
            Governor may make a temporary appointment to fill any
            vacancy until the next special or regular election
            (Sec. 204D.28).

                                  Mississippi

     Unless otherwise designated, references are to Mississippi Code 2005.

    Primary Election held.
              On the second Tuesday in March each year in which a
            presidential election is held, except the first primary
            shall be held on the first Tuesday in June of the years
            in which Congressmen are elected, and the second
            primary shall be held 3 weeks thereafter (Sec. Sec. 23-
            15-1031, 23-15-1083) (June 5, 2006).
    Nominating Papers, Petition, Etc.
              Party candidate for primary. Candidates shall be
            nominated at the primary next preceding the general
            election and the chairman and Secretary of the State
            Executive Committee shall certify the vote
            (Sec. Sec. 23-15-1031, 12-15-307). A written statement
            containing name, address, party affiliation, and the
            office sought must be filed with the Secretary of the
            State Executive Committee 60 days before the
            presidential preference primary or by 5 p.m. on March 1
            of the year another primary is held (Sec. 23-15-299).
              Independent candidate.
              Nominating petition. The name of a candidate shall be
            printed on the ballot for whom a petition signed by not
            less than 1,000 qualified electors shall have been
            filed with the State Board of Election Commissioners no
            later than 5 p.m. on the same date by which candidates
            for nominations in party primary elections are required
            to pay the filing fees (Sec. 23-15-359).
    Filing Fees and Assessments.
              Party primary candidates for United States Senator
            shall pay a filing fee not to exceed $300 to the
            Secretary of the State Executive Committee by 5 p.m. 60
            days before the presidential preference primary or by 5
            p.m. on March 1 of the year another primary is held
            (Sec. Sec. 23-15-297(f), 23-15-299(3)).
    Crossfiling by Candidates.
              Prohibited. Candidate required to support party
            (Sec. Sec. 23-15-299, 23-15-359(2)).
    Write-in Provisions.
              Permitted on printed ballots (Sec. Sec. 23-15-365,
            23-15-469).
    Vacancy in Office.
              The Governor shall, within 10 days after notice of
            vacancy, issue proclamation for an election to fill the
            unexpired term, provided the unexpired term is more
            than 12 months and the election shall be held within 90
            days from the time the proclamation is issued. If
            vacancy occurs in general election year, the
            proclamation shall designate the election day as time
            for electing a Senator. The Governor may appoint a
            Senator to fill such vacancy temporarily (Sec. 23-15-
            835).

                                    Missouri

       Unless otherwise designated, references are to Vernon's Annotated
         Missouri Statutes and the 2005 cumulative Annual Pocket Part.

    Primary Elections, when held.
              First Tuesday after first Monday in August of even-
            numbered years (Sec. Sec. 115.121, 115.341). (August 8,
            2006).
              If two or more persons receive an equal number of
            votes for nomination as a party's candidate for any
            federal office and a higher number of votes than any
            other candidate for the same office on the same party
            ballot, the Governor shall issue a proclamation stating
            that fact and order a special primary election to
            determine the party's nominee for the office
            (Sec. 115.515).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary
              Declaration of candidacy.--On or before 5 p.m. on the
            last Tuesday in March preceding the primary
            (Sec. 115.349(1)). File with Secretary of State
            (Sec. 115.353(1)), in person (Sec. 115.355).
              New parties and independents
              Nomination petition.--A person wishing to be an
            independent candidate or a group wishing to form a new
            party with candidates for state-wide offices must file
            a petition with the Secretary of State containing the
            signatures of at least 10,000 registered voters
            (Sec. Sec. 115.315(2) & (5), 115.321(1) & (3)). A new
            party shall also submit a certified list of all its
            candidates and the office each seeks (Sec. 115.327).
            The Secretary of State shall not accept for filing any
            petition for the formation of a new party or for the
            nomination of an independent candidate which is
            submitted prior to 8 a.m. on the day immediately
            following the general election next preceding the
            general election for which the petition is submitted or
            which is submitted after 5 p.m. on the fifteenth Monday
            immediately preceding the general election for which
            the petition is submitted (Sec. 115.329(1)).
              Declaration of candidacy.--Each petition for the
            nomination of an independent candidate or the formation
            of a new party must be accompanied by a declaration of
            candidacy for each candidate to be nominated by
            petition or by the party, stating that the candidate is
            legally qualified to hold the office he seeks
            (Sec. 115.327).
    Filing Fees and Assessments (Sec. 115.357).
              Amount.--$200.
              Date of payment.--Before filing declaration of
            candidacy.
              To whom paid.--To the treasurer of the State central
            committee of the political party.
              Exceptions.--(1) Any person who cannot pay the fee
            required to file as a candidate may have the fee waived
            by filing a declaration of inability to pay and a
            petition with his declaration of candidacy. (2) No
            filing fee shall be required of any person who proposes
            to be an independent candidate, the candidate of a new
            party, or a candidate for presidential elector.
    Crossfiling by Candidates.
              Prohibited. No person who files as a party candidate
            for nomination or election to an office shall, without
            withdrawing, file as another party's candidate or an
            independent candidate for nomination or election to the
            office for the same term. No person who files as an
            independent candidate for election to an office shall,
            without withdrawing, file as a party candidate for
            nomination or election to the office for the same term.
            No person shall file for one office and, without
            withdrawing, file for another office to be filled at
            the same election (Sec. 115.351).
    Write-in Provisions.
              Not permitted in primary (Sec. 115.395(3)). Permitted
            in general election (Sec. 115.439(3)), on voting
            machines and electronic devices (Sec. Sec. 115.225(2);
            115.231(3)).
    Vacancy in Office.
              Whenever a vacancy in the office of Senator of the
            United States occurs, the Governor shall appoint a
            person to fill such vacancy who shall continue in
            office until a successor shall have been duly elected
            and qualified according to law (Sec. 105.040).

                                    Montana

        Unless otherwise specified, references are to the Montana Code
                                Annotated 2005.

    Primary Elections, when held.
              First Tuesday after first Monday in June before the
            general elections (Sec. 13-1-107(1)). (June 6, 2006).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary
              Declaration of nomination.--No sooner than 135 days
            before the election in which the office first appears
            on the ballot and no later than 5 p.m. 75 days before
            the primary (Sec. 13-10-201(6)). File with Secretary of
            State (Sec. 13-10-201(2)(a)).
              Independent and minor party candidates
              Nominating petitions.--May be made by a petition for
            nomination signed by a number of registered voters
            equal to 5 percent or more of the total votes cast for
            the successful candidate for the same office at the
            last general election, and filed with the Secretary of
            State before the primary election. The petition must be
            presented to the election administrator of the county
            in which the signatures were gathered to be verified
            under the procedures provided in 13-27-303 through 13-
            27-306. The election administrator shall forward the
            verified petition to the Secretary of State. The
            petition must be submitted to the election
            administrator at least 1 week before the deadline for
            submitting the verified petition to the Secretary of
            State (Sec. Sec. 13-10-501, 13-10-502, 13-10-503).
              Write-in Candidate (Sec. 13-10-204).
              Declaration of intent.--A person seeking to become a
            write-in candidate in any election shall file a
            declaration of intent with the Secretary of State no
            later than 5 p.m. on the 15th day before the election
            (Sec. 13-10-211).
              Declaration of acceptance of nomination.--Within ten
            days after canvass, file with Secretary of State
            (Sec. 13-10-204).
              Number of write-in votes required.--At least 5
            percent of the votes cast for successful candidate for
            United States Senator at last preceding general
            election (Sec. 13-10-204).
    Filing Fees and Assessments
              Amount for party, minority party, independent, and
            write-in candidates.--One percent of annual salary
            (Sec. 13-10-202(3)).
              Date of payment.--No later than 5 p.m. 75 days before
            the primary (Sec. 13-10-201(6)). For minor party and
            independent candidates, before the primary election
            (Sec. 13-10-503). For write-in candidates, no later
            than 10 days after official primary canvass (Sec. 13-
            10-204).
              To whom paid.--Secretary of State (Sec. 13-10-
            201(2)(a)).
              Indigent candidates.--If a candidate is unable to pay
            the filing fee, he may submit in lieu thereof a
            verified statement that he is unable to pay the fee
            and, if a candidate for party nomination, a nomination
            petition signed by at least 5 percent of the total vote
            cast for the successful candidate for U.S. Senator at
            the last general election (Sec. 13-10-203).
    Crossfiling by Candidates.
              If nominated by more than one party, candidate shall
            make a choice by filing written document with Secretary
            of State within 10 days after nomination (Sec. 13-10-
            303).
              An individual who has filed as an independent
            forfeits his place on the general election ballot as an
            independent candidate if he accepts a write-in
            nomination (Sec. 13-10-305).
    Write-in Provisions.
              Permitted in primary and in general election
            (Sec. Sec. 13-10-302, 13-12-202); on voting machines
            (Sec. 13-17-103).
    Vacancy in Office.
              If a vacancy occurs, an election to fill the vacancy
            shall be held at the next general election. If the
            election is invalid or not held at that time, the
            election to fill the vacancy shall be held at the next
            succeeding general election. The Governor may make a
            temporary appointment to fill the vacancy until an
            election is held (Sec. 13-25-202).

                                    Nebraska

    Unless otherwise designated, references are to the Revised Statutes of
          Nebraska Annotated, current through the 2005 First Session.

    Primary Elections, when held.
              First Tuesday after second Monday in May in even-
            numbered years (Sec. 32-401). (May 9, 2006).
              Primary Candidates.--Any candidate may place his or
            her name on the primary election ballot by filing a
            candidate filing form prescribed by the Secretary of
            State as provided in section 32-607. If a candidate for
            an elective office is the incumbent, the deadline for
            filing the candidate filing form shall be February 15
            prior to the date of the primary election. No incumbent
            who resigns from elective office prior to the
            expiration of his or her term shall file for any office
            after February 15 of that election year. All other
            candidates shall file for office by March 1 prior to
            the date of the primary election (Sec. 32-606). A
            filing fee of one percent of the annual salary for the
            office of U.S. Senator shall be paid prior to filing
            for office (Sec. 32-608(1), (2)(a)).
              No person shall be allowed to file a candidate filing
            form as a partisan candidate or to have his or her name
            placed upon a primary election ballot of a political
            party unless (1) he or she is a registered voter of the
            political party and (2) at the last election the
            political party polled at least 5 percent of the entire
            vote in the state, county, political subdivision, or
            district in which the candidate seeks the nomination
            for office (Sec. 32-610).
              Twenty-five registered voters of the same political
            party may seek to have a person's name placed on the
            primary election ballot as a partisan candidate by
            filing an affidavit stating that they are registered
            voters, the political party with which they are
            registered, the name of the proposed candidate, and
            that the proposed candidate is a registered voter of
            the same political party. The affidavit shall be filed
            in the same manner and with the same filing officer as
            provided for candidate filing forms. The proposed
            candidate shall, within 5 days from the date of the
            filing of the affidavit, file a candidate filing form
            stating that he or she is a registered voter and is
            affiliated with the political party named in the
            affidavit. If the candidate filing form is not filed
            within such 5-day period, the name of the candidate
            shall not be placed upon the primary election ballot
            (Sec. 32-611).
    Independent and Third Party Candidacies For Nomination For
            General Election
              Any registered voter who was not a candidate in the
            primary election may have his or her named placed on
            the general election ballot for partisan office by
            filing nominating petitions or by nomination by
            political party convention or committee. (Sec. 32-616).
            The nominating petition must be signed by 2,000
            registered voters of the State (Sec. 32-618(2)(a)). The
            nomination petition with the required signatures must
            be filed by September 1st in the general election year
            along with the required filing fee of 1 percent of the
            annual salary for the office of U.S. Senator (Sec. 32-
            617).
    Filing Fees and Assessments.
              By primary candidates and by candidates by petition
            (Sec. 32-608(2)(a)).
              Amount.--One percent of annual salary.
              Date of payment.--Prior to filing for office.
              To whom paid.--Secretary of State (Sec. 32-608).
    Crossfiling by Candidates.
              Prohibited. No registered voter, candidate, or
            proposed candidate shall swear falsely as to political
            party affiliation or shall swear that he or she
            affiliates with two or more political parties. Any
            candidate who swears falsely as to political party
            affiliation or swears that he or she affiliates with
            two or more political parties shall not be the
            candidate of such party and shall not be entitled to
            assume the office for which he or she filed even if he
            or she receives a majority or plurality of the votes
            therefor at the following general election. The name of
            a candidate shall not appear printed on more than one
            political party ballot. A candidate who is a registered
            voter of one political party shall not accept the
            nomination of another political party (Sec. 32-
            612(2)(3)).
    Write-in Provisions.
              A blank space shall be provided at the end of each
            office division on the ballot for registered voters to
            write in the name of any person for whom they wish to
            vote and whose name is not printed upon the ballot. The
            Secretary of State shall approve write-in space for
            voting machines and punch card and optical-scan
            ballots. (Sec. 32-816).
    Vacancy in Office.
              When a vacancy occurs in the representation of the
            State of Nebraska in the Senate of the United States,
            the Governor shall appoint a suitable person possessing
            the qualifications necessary for senator to fill such
            vacancy. If the vacancy occurs within 60 days of a
            statewide general election and if the term vacated
            expires on the following January 3, the appointee shall
            serve until the following January 3, and if the term
            extends beyond the following January 3, the appointee
            shall serve until January 3 following the second
            statewide general election next succeeding his or her
            appointment. If the vacancy occurs more than 60 days
            before a statewide general election, the appointee
            shall serve until January 3 following the statewide
            general election and at the statewide general election
            a senator shall be elected to serve the unexpired term
            if any (Sec. 32-565).

                                     Nevada

    Unless otherwise designated, references are to Nevada Revised Statutes
        Annotated, current through the 21st special session of the 72nd
                              Legislature (2004).

    Primary Elections, when held.
              First Tuesday in September in general election years
            (Sec. 293.175(1). (September 5, 2006).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary (Sec. Sec. 293.167,
            293.177, 293.185).
              Declaration of candidacy.--File with Secretary of
            State not earlier than the first Monday in May of the
            year in which the election is to be held not later than
            5 p.m. on the second Friday after the first Monday in
            May (Sec. 293.177).
              Certificate of Candidacy--Ten or more registered
            voters of his party may file with Secretary of State
            not earlier than the first Monday in April nor later
            than 5 p.m. on the first Friday in May. In such a case,
            however, candidate must file an Acceptance of
            Nomination with the Secretary of State and at the same
            time must pay the required filing fee (Sec. 293.180,
            293.185).
              Independent candidate. (Sec. 293.200).
              Petition of candidate.--Signatures are required of
            electors in the State, equal in number to at least 1
            percent of entire State vote cast in last general
            election. File with Secretary of State not earlier than
            the first Monday in May and not later than 5 p.m. on
            the second Friday after the first Monday in May
            (Sec. Sec. 293.200, 293.185).
    Filing Fees and Assessments.
              For party candidates and for independents
            (Sec. 293.193).
              Amount.--$500.
              Date of payment.--At time of filing nomination papers
            by candidate.
              To whom paid.--Secretary of State.
    Crossfiling by Candidates.
              Prohibited.--Person cannot be a candidate for party
            nomination in a primary election if he has changed the
            designation of his political party affiliation on an
            official affidavit of registration in Nevada or in any
            other State since September 1 prior to the closing
            filing date for the election (Sec. 293.176).
              Candidate must swear that he has not changed the
            designation of his political party affiliation since
            September 1 prior to the closing filing date for the
            election (Sec. 293.177).
    Write-in Provisions.
              Not permitted. (Sec. 293.270.)
    Vacancy in Office.
              If a vacancy occurs due to death, resignation or
            otherwise, the Governor may appoint some qualified
            person to fill the vacancy, who shall hold office until
            the next general election and until his successor shall
            be elected and seated (Sec. 304.030).

                                 New Hampshire

    Unless otherwise designated references are to the New Hampshire Revised
                    Statutes, current through June 29, 2005.

    Primary Elections, when held.
              Second Tuesday in September of every even-numbered
            year (Sec. 653:8) (September 12, 2006).
    Nomination Papers, Petitions, Etc.
              Party candidate for primary
              Declaration of candidacy.--File with Secretary of
            State between the first Wednesday in June and the
            Friday of the following week. (Sec. Sec. 655:14,
            655:15, 655:17.)
              Voluntary spending limits.--$625,000 voluntary
            spending limit for the primary election and a $625,000
            voluntary spending limit for the general election for
            U.S. senatorial candidates. If the U.S. senatorial
            candidates voluntarily agree to such spending limits,
            they will not be required to pay a filing fee and
            obtain notarized signatures by party members on
            nominating petitions. Those candidates not agreeing to
            voluntarily abide by such spending limits, will be
            required to pay a $5,000 filing fee and obtain 2,000
            notarized signatures from members of their political
            party. (Sec. Sec. 655:19-655:19-b).
              Primary petitions and assent to candidacy.--
            Signatures on separate petitions are required of 2,000
            voters who are members of the candidate's party
            (Sec. Sec. 655:21, 655:22). Petitions must be
            accompanied by written assent to candidacy
            (Sec. 655:25). File with Secretary of State (in person
            if filing on last day) (Sec. Sec. 655:14, 655:15,
            655:16).
              Filing fee.--In lieu of filing primary petitions and
            an assent to candidacy, a candidate may pay a filing
            fee of $5,000 at the time of filing declaration of
            candidacy (Sec. 655:19).
              Independent candidate
              Nomination papers.--Separate signed petitions of
            3,000 qualified voters of the State, 1,500 from each
            U.S. congressional district in the State, are required
            (Sec. Sec. 655:40, 655:42). File with Secretary of
            State no later than 5 p.m. on the Wednesday one week
            before the primary (Sec. 655:43).
              Declaration of intent.--Candidates who intend to have
            their names placed on the general election ballot by
            means other than nomination by party primary shall file
            a declaration of intent with the Secretary of State
            between the first Wednesday in June and the Friday of
            the following week (Sec. 655:14-a).
    Filing Fees and Assessments (required of candidates who file a
            declaration of candidacy (Sec. 655:19). The filing fee
            is $5,000 for a candidate for the U.S. Senate.
    Crossfiling by Candidates.
              Prohibited.--Candidate required to be affiliated with
            political party (Sec. 655:14).
              A person nominated by the same party for incompatible
            offices must notify the Secretary of State no later
            than Monday following the date of the primary of which
            nomination he will accept (Sec. 659:91).
              Any person who is a candidate of any party's state
            primary election ballot shall not run as the nominee of
            a different political party in the general election
            (Sec. 659:91-a).
    Write-in Provisions.
              Permitted in primary (Sec. 656:23) and in general
            elections (Sec. 656:12 and see generally Sec. 659:88).
    Vacancy in Office.
              If a vacancy occurs, the Governor shall fill the
            vacancy by temporary appointment until it is filled at
            the next general election (Sec. 661:5).

                                   New Jersey

      Unless otherwise designated, references are to New Jersey Statutes
        Annotated (1999) and to the 2005 Cumulative Annual Pocket Part.

    Primary Elections, when held.
              Tuesday after first Monday in June (Sec. 19:23-40).
            (June 6, 2006).
    Nominating Papers, Petitions, Etc.
              Nominating petition and acceptance of nomination,
            with oath of allegiance annexed (see generally
            Sec. Sec. 19:13-7, 19:13-8).
              Party candidate for primary.--Signatures of 1,000
            voters of his party are required (Sec. Sec. 19:23-5,
            19:23-7, 19:23-8). File with Attorney General by 4 p.m.
            of the 57th day prior to primary (Sec. Sec. 19:13-9,
            19:23-14).
              New and minor party candidate and independent
            candidate.--(See Sec. 19:13-4, par. 3; Sec. 19:1-1,
            definition of ``Political Party.'') Independent filing
            deadline is 4 p.m. of the day of the primary election.
              Petition shall be signed by 800 legally qualified
            voters and filed with the Secretary of State
            (Sec. Sec. Sec. 19:13-3, 19:13-5, 19:13-9).
              Write-in candidate.--Person nominated at primary by
            write-in votes must file with Attorney General,
            certificate of acceptance with oath of allegiance
            annexed (Sec. 19:23-16).
    Filing fees and Assessments.--No statutory provision.
    Crossfiling by Candidates.
              Prohibited.--Candidate who chooses to seek nomination
            in primary election is precluded from subsequent
            attempt at nomination by direct petition (Sec. 19:13-
            8.1).
              If nominated by more than one political party or
            group, candidate must choose one (Sec. Sec. 19:13-8,
            19:14-9).
    Subversive Parties Barred from Ballot.
              Advocating overthrow of Government by force.--Oath of
            allegiance by candidates (Sec. Sec. 19:23-7, 19:23-15,
            19:23-16, 41:1-1, 41:1-3).
    Write-in Provisions.
              Permitted in primary (Sec. 19:23-25) and general
            elections (Sec. Sec. 19:14-4(4); 19:14-6, 19:15-28;
            19:16-3(d)); voting machines (Sec. 19:48-1(m));
            electronic voting systems (Sec. Sec. 19:53A-3, 19:53A-
            5).
    Vacancy in Office.
              If a vacancy occurs, the Governor shall issue a writ
            of election to fill the same unless the term of service
            of the person whose office shall become vacant will
            expire within 6 months next after the happening of the
            vacancy (Sec. 19:27-4). If the vacancy shall happen
            within 64 days next preceding the primary prior to the
            general election, it shall be filled by election at the
            second succeeding election unless the Governor shall
            deem it advisable to call a special election therefor
            (Sec. 19:27-6).
              The Governor may make a temporary appointment of a
            Senator whenever a vacancy shall occur by reason of any
            cause other than the expiration of the term; and such
            appointee shall serve as such Senator until a special
            election or general election shall have been held
            pursuant to law and the board of state canvassers can
            deliver to his successor a certificate of election
            (Sec. 19:3-26).

                                   New Mexico

      Unless otherwise designated, references are to New Mexico Statutes
                     1978, current through March 19, 2005.

    Primary Elections, when held.
              First Tuesday in June of each even-numbered year
            (Sec. 1-8-11). (June 6, 2006).
    Nominations, Papers, Petitions, Etc.
              Party candidate for primary
              A ``major political party'' is defined by Sec. 1-1-9
            as a party, any of whose candidates received 5 percent
            of the total number of votes cast at the last preceding
            general election for Governor or President.
              Declarations of candidacy.--File with the Secretary
            of State between 9 a.m. and 5 p.m. on second Tuesday in
            February of each even-numbered year (Sec. Sec. 1-8-25,
            1-8-26).
              Nominating petition.--A nominating petition, signed
            by a number of voters equal to at least 3 percent of
            the vote of the candidates party in the state (Sec. 1-
            8-33).
    Minor parties.
              A ``minor political party'' is defined by Sec. 1-1-9
            as a party, none of whose candidates received 5 percent
            or more of the total number of votes cast at the last
            preceding general election for Governor or President.
            If the minor party rules require nomination by
            convention, the chairman and the Secretary of the State
            political convention, shall certify to the Secretary of
            State the name of the party's nominee on the second
            Tuesday in July before the general election (Sec. 1-8-
            2). The certificate must be accompanied by a petition
            containing a list of signatures and addresses of voters
            totaling not less than 1 percent of the total vote cast
            at the last preceding general election for Governor or
            President (Sec. 1-8-2).
    Independent candidates.
              Nominating petition.--Signed by a number of voters
            equal to at least 3 percent of the total number of
            votes cast in the State for Governor at the last
            preceding general election at which a Governor was
            elected (Sec. 1-8-51). The voter shall not sign a
            petition for an independent candidate if he has signed
            a petition for another independent candidate for the
            same office (Sec. 1-8-51).
              Such petitions shall be filed with the Secretary of
            State during the period commencing at 9 a.m. on the day
            following the primary election of each even-numbered
            year and ending at 5 p.m. of the same day (Sec. 1-8-
            52).
              Declaration of candidacy.--Candidate shall swear that
            he has declined to designate his party affiliation and
            has not changed his declination subsequent to the date
            of issuance of the governor's proclamation for the
            primary election in the year of the general election at
            which he seeks to be a candidate (Sec. 1-8-48).
    Filing Fees and Assessments.--No statutory provision.

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

                                    New York

     Unless other designated, references are to McKinney's Election Law of
            New York (1998) and to the 2005 Cumulative Pocket Part.

    Primary Elections, when held.
              First Tuesday after second Monday in September
            (Sec. 8-100). (September 12, 2006).
              Nomination for United States Senator is made by party
            State committee or by the enrolled voters of the party
            (Sec. 6-104).
    Nominating Papers, Petitions, Etc.
              Party candidate.
              Certificate of nomination.--State party committee may
            designate a candidate for U.S. Senate by majority vote
            at a meeting held not earlier than twenty-one days
            before the first day to sign designating petitions and
            not later than the first day to sign designating
            petitions for the primary election (Sec. 6-104).
              Each committee member casts number of votes in
            accordance with ratio which number of votes cast for
            party's candidate for governor in committee member's
            assembly district in preceding gubernatorial election
            bears to total party vote cast for governor in the
            entire State in that election (Sec. 6-104). Name of the
            candidate who has received the designation of the state
            committee and the office for which designated shall be
            filed with the State Board of Election within four days
            after such meeting (Sec. 6-104).
              Other party candidates, who received 25 percent or
            more of total vote cast by party State committee on any
            one balloting, shall also be filed by the committee
            with the State Board of Elections at the same time
            (Sec. 6-104(7)). Such persons may be placed on party
            primary ballot by making written demand to the State
            Board of Elections not later than 7 days after party
            state committee meeting (Sec. 6-104(2)).
              Petition by enrolled party members may also be used
            to have candidate's name placed on primary ballot
            (Sec. 6-104(5)). Petition must be signed by not less
            than 15,000 or 5 percent, whichever is less, of
            enrolled party voters within the state of whom not less
            than 100 or 5 percent, whichever is less, of such
            enrolled voters shall reside in each of one-half of the
            congressional districts of the State (Sec. 6-136(1)).
            Petition shall be filed with the State Board of
            Elections not earlier than the 10th Monday and not
            later than the 9th Thursday before the primary (Sec. 6-
            158(1)).
              If more than one candidate is designated for the
            nomination of a party for the office of U.S. Senator,
            the party nomination shall be made at the primary
            election (Sec. 6-160(1)).
              Independent candidate.
              Nominating petition.-- Signatures of at least 15,000
            voters required, of whom at least 100 shall reside in
            each of one-half of the congressional districts of the
            State (Sec. 6-142(1)). File not earlier than 12 weeks
            and not later than 11 weeks preceding the general
            election (Sec. 6-158(9) with the State Board of
            Elections (Sec. 6-144).
              First nominations by new party may be made in such
            manner as the party rules provide (Sec. 6-128(1)). An
            independent body becomes a party when its candidate for
            Governor at the last preceding gubernatorial election
            polled at least 50,000 votes (Sec. 1-104(3)).
              Certificate of acceptance of party nomination.-- If
            nominated by party of which he is not a duly enrolled
            member, or if nominated by more than one party or
            independent body, such person shall file a certificate
            accepting the nomination as a candidate of each such
            party or independent body other than that of the party
            with which he is enrolled (Sec. 6-146(1)). File with
            the State Board of Elections (Sec. 6-144) not later
            than the third day after the 11th Tuesday preceding the
            general election (Sec. 6-158(11)).
    Filing Fees and Assessments.--No statutory provision.
    Crossfiling by Candidates.
              Candidate must be enrolled member of party at time
            State party committee files certificate of nomination
            or when designating petition for primary is filed by
            party members (Sec. Sec. 6-120(1); 6-120(2)). However,
            the State committee of a party, at a meeting, may by a
            majority vote of those present authorize the nomination
            of a person who is not so enrolled (Sec. 6-120(3)). If
            nominated by party of which he is not a duly enrolled
            member, a candidate shall file a certificate accepting
            the nomination as a candidate of such party or
            independent body other than of the party with which he
            is enrolled (Sec. 6-146(1)).
    Write-in Provision.
              Permitted in primary (Sec. 7-114g) and in general
            election (Sec. 7-104), on voting machines (Sec. Sec. 8-
            308; 7-104(7)).
    Vacancy in Office.
              If a vacancy occurs in any even-numbered calendar
            year on or after the 59th day prior to an annual
            primary election, the Governor shall make a temporary
            appointment to fill such vacancy until the third day of
            January in the year following the next even-numbered
            calendar year. If such vacancy occurs in any even-
            numbered calendar year on or before the 60th day prior
            to an annual primary election, the Governor shall make
            a temporary appointment to fill such vacancy until the
            third day of January in the next calendar year. If a
            vacancy occurs in any odd-numbered year, the Governor
            shall make a temporary appointment to fill such vacancy
            until the third day of January in the next odd-numbered
            calendar year. Such an appointment shall be evidenced
            by a certificate of the Governor which shall be filed
            in the Office of the State Board of Elections along
            with a writ of election (McKinney's Public Officers
            Law, Sec. 42(4-a)).

                                 North Carolina

     Unless otherwise designated, references are to North Carolina General
                             Statutes 2003 edition.

    Primary Elections, when held.
              Tuesday next after the first Monday in May (Sec. 163-
            1(b)). (May 2, 2006).
    Second Primary (runoff), when held.
              In case no candidate receives a substantial
            plurality, or in case of a tie between two candidates
            or more, a second primary shall be held 4 weeks after
            the first primary (Sec. 163-111(e)). (May 30, 2006).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary
              Notice of candidacy and pledge not to run as write-in
            candidate if defeated in the primary.--File with State
            Board of Elections no earlier than 12 noon on the
            second Monday in February and no later than 12 noon on
            the last business day in February preceding the primary
            (Sec. 163-106(c)).
              Independent candidate
              Nominating petition accompanied by affidavit of
            candidate that he seeks independent nomination and is
            not affiliated with any political party.--Signatures
            are required of at least 2 percent of total number of
            registered voters in the State. File with State Board
            of Elections on or before 12 noon on the last Friday in
            June (Sec. 163-122(a)(1)).
    Filing Fees and Assessments (Sec. 163-107).--Required of
            candidates in primary.
              Amount.--One percent of annual salary.
              Date of payment.--Time of filing notice of candidacy.
              To whom paid.--State Board of Elections.
              The petition must be filed with the State Board of
            Elections no earlier than 12 noon on the second Monday
            in February and no later than 12 noon on the last
            business day in February preceding the primary
            (Sec. 163-107(a)).
    Crossfiling by Candidates.
              Prohibited. Candidate must be affiliated with party
            whose nomination he seeks, and must pledge that if
            defeated in the primary he will not run for any office
            as a write-in candidate in the next general election
            (Sec. 163-106).
    Write-in Provisions.
              Permitted in primary and general election (Sec. 163-
            165.5).
    Vacancy in Office.
              Whenever there shall be a vacancy in the office of
            United States Senator, whether caused by death,
            resignation, or otherwise than by expiration of term,
            the Governor shall appoint to fill the vacancy until an
            election shall be held to fill the office. The Governor
            shall issue his writ for the election of a Senator to
            be held at the time of the first election for members
            of the General Assembly that is held more than 60 days
            after the vacancy occurs. The person elected shall hold
            office for the remainder of the unexpired term. The
            election shall take effect from the date of the
            canvassing of the returns (Sec. 163-12).

                                  North Dakota

    Unless otherwise designated, references are to the North Dakota Century
      Code (1997 Replacement Volume 3A and the 2005 Cumulative Supplement.

    Primary Elections, when held.
              Second Tuesday in June in general election years
            (Sec. 16.1-11-01). (June 13, 2006).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary
              Candidate's petition, accompanied by candidate's
            affidavit that he seeks nomination of certain political
            party.--Signatures of legal voters of his party are
            required, equal in number to 3 percent of the total
            vote cast for candidates of such party for the same
            position at the last general election, but not more
            than 300 signatures may be required. (Sec. 16.1-11-06).
            A candidate's affidavit must accompany the petition.
            (Sec. 16.1-11-10). File with Secretary of State, before
            4 p.m. of the 60th day prior to any primary election
            (Sec. 16.1-11-06).
              A certificate of endorsement in lieu of a candidate's
            petition may be filed as above; such certificate must
            be signed by the state chairman of a legally recognized
            political party. The certificate must state the
            candidate's name, address, the title of the office to
            which he aspires, and the party he represents
            (Sec. 16.1-11-06.1).
              Independent candidate
              Certificate of nomination.--1000 signatures are
            required of qualified electors residing in the State
            (Sec. 16.1-12-02). File with the Secretary of State not
            later than 4 p.m. of the 60th day before general
            election (Sec. 16.1-12-04).
    Filing Fees and Assessments.--No statutory provisions.
    Crossfiling by Candidates.
              Prohibited. Must represent the party whose nomination
            he seeks (Sec. 16.1-11-10). If nominated by more than
            one party, candidate must make a selection (Sec. 16.1-
            12-06). A defeated primary candidate is ineligible to
            have his name printed on the general election ballot as
            candidate for the same office (Sec. 16.1-13-06).
    Write-in Provisions.
              Permitted in primary and general election
            (Sec. Sec. 16.1-11-35, 16.1-13-25); however, no person
            shall be deemed nominated at any primary election
            unless the number of votes received by him equals the
            number of signatures needed on the petition to have a
            candidate's name printed on the primary ballot
            (Sec. 16.1-11-36).
    Vacancy in Office.
              When a vacancy occurs in the office of United States
            Senator, the governor shall issue a writ of election to
            fill the vacancy at the next statewide primary or
            general election, whichever occurs first, and that
            occurs at least ninety days after the vacancy. However,
            if the next primary or general election at which the
            vacancy could be filled, occurs in the year immediately
            preceding the expiration of the term, then no election
            may be held. The governor, by appointment, may fill the
            vacancy temporarily, but any person so appointed shall
            serve only until the vacancy is filled by election or
            until the term expires if no election can be held
            (Sec. 16.1-13-08).

                                      Ohio

      Unless otherwise indicated, references are to the Ohio Revised Code
                      current through September 15, 2005.

    Primary Elections, when held.
              On the first Tuesday after the first Monday in May of
            every other year (May 2, 2006) (Sec. 3513.01(A)).
    Nominating Papers, Petitions, Etc.
              Party candidates for primary
              Declaration of candidacy and petition.--Signatures
            required of at least 1,000 qualified voters of his
            party. File with Secretary of State, not later than 4
            p.m. of the 75th day before primary (Sec. Sec. 3513.04,
            3513.05, 3513.07).
              Independent candidates
              Nomination petition and statement of candidacy.--Must
            have no less than 5,000 signatures. File with Secretary
            of State not later than 4 p.m. of the day before the
            primary election (Sec. 3513.257).
    Filing Fees and Assessments (Sec. 3513.10).
              By all candidates. including independent and write-in
            candidates.
              Amount.--$100.
              Date of payment.--At time of filing nominating papers
            or declaration of intent to be a write-in candidate.
              To whom paid.--Secretary of State.
    Crossfiling by Candidates.
              Prohibited.--Candidate required to support party
            (Sec. 3513.07). No person shall be a candidate for
            nomination or election at a party primary if he voted
            in the primary of a different party within the current
            year and the immediately preceding two calendar years
            (Sec. 3513.191). Person who seeks party nomination in
            primary by declaration of candidacy or by declaration
            of intent to be a write-in candidate shall not be
            permitted to become a candidate at the following
            general election for any office by nominating petition
            or by write-in (Sec. 3513.04).
    Subversive Parties Barred from Ballot.
              Advocating overthrow of Government by force--Parties
            or groups engaged in un-American activities are barred
            from the ballot (Sec. 3517.07).
    Write-in Provisions.
              Permitted in primary (Sec. Sec. 3513.14, 3513.23) and
            in general election; but write-in votes shall not be
            counted for any candidate who has not filed a
            declaration of intent to be a write-in candidate. File
            such declaration with Secretary of State before 4 p.m.
            of the 50th day preceding the election (Sec. 3513.041).
              Statutes provide for write-ins on voting machines--
            (Sec. 3506.10(B)), and on punch card voting systems--
            (Sec. 3506.06(B)).
              Candidate defeated in primary may not become a
            candidate at the following general election by
            nominating petition or by write-ins (Sec. 3513.04).
    Vacancy in Office.
              If a vacancy occurs, the Governor shall make a
            temporary appointment of some suitable person having
            the necessary qualifications for Senator. The appointee
            shall hold office until the 15th of December succeeding
            the next regular state election which occurs more than
            180 days after such vacancy happens. At that next
            regular state election, a special election to fill the
            vacancy shall be held, provided, that when the
            unexpired term ends within 1 year immediately following
            the date of such regular state election the appointment
            shall be for the unexpired term (Sec. 3521.02).

                                    Oklahoma

      Unless otherwise indicated, references are to the Oklahoma Statutes
                        current through October 7, 2005.

    Primary Elections, when held.
              Last Tuesday in July in even-numbered years (Sec. 1-
            102). (July 25, 2006).
              Second (Runoff) Primary, when held.
              If no candidate receives a majority of the votes
            cast, a second (runoff) primary shall be held on the
            fourth Tuesday in August (Sec. 1-103). (August 22,
            2006).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary
              Declaration of candidacy.--File with Secretary of the
            State Election Board no earlier than 8 a.m. on the
            first Monday in June and no later than 5 p.m. on the
            next succeeding Wednesday (Sec. Sec. 5-102, 5-110).
              Petition supporting candidate's filing.--A
            declaration of candidacy must be accompanied by a
            petition supporting a candidate's filing signed by 5
            percent of the registered voters eligible to vote for a
            candidate in the first election wherein the candidate's
            name could appear on the ballot, as reflected by the
            latest January 15 registration report; or by a
            cashier's check or certified check in the amount of
            $1,000 for candidates filing with the Secretary of the
            State Election Board (Sec. 5-112).
              New party candidates
              Only candidates of ``recognized political parties,''
            i.e., those appearing on the general election ballot or
            those which are formed according to law may file for
            party nomination (Sec. 5-104 and Sec. 1-107).
              To file as a candidate for nomination by a political
            party, a person must have been a registered voter of
            that party for the 6-month period immediately preceding
            the first day of the filing period prescribed by law
            and, under oath, so state. This requirement shall not
            apply to a candidate for the nomination of a political
            party which attains recognition less than 6 months
            preceding the first day of the filing period required
            by law. However, the candidate shall be required to
            have registered with the newly recognized party within
            15 days after such party recognition (Sec. 5-105).
    Filing Fees and Assessments (Sec. 5-112).
              May be paid by party candidates for primary in lieu
            of a petition signed by 5 percent of voters registered
            and eligible to vote for such candidate in the first
            election wherein the candidate's name could appear on
            the ballot.
              Amount.--$1,000.
              Date of payment.--When filing declaration.
              To whom paid.--Secretary of State Election Board.
              If a candidate is unopposed in the primary, becomes a
            candidate in the runoff primary, or receives more than
            15 percent of the votes cast for the office for which
            he is a candidate at the first election wherein his
            name appears on the ballot, the filing fee shall be
            immediately returned to the candidate (Sec. 5-113).
    Crossfiling by Candidates.
              To file as a candidate for nomination of a party, a
            person must be a registered voter of the party (Sec. 5-
            105). May file for no more than one office at any
            election (Sec. 5-106).
    Subversive Parties and Individuals Barred from Ballot.
              No provisions.
    Write-in Provisions.
              No statutory provisions.
    Vacancy in Office.
              Whenever a vacancy shall occur in the office of a
            member of the United States Senate from Oklahoma, such
            vacancy shall be filled at a special election to be
            called by the Governor within 30 days after occurrence
            of the vacancy. No special election shall be called if
            the vacancy occurs after March 1 of any even-numbered
            year if the term of the office expires the following
            year. In this case the candidate elected to the office
            at the regular General Election shall be appointed by
            the Governor to fill the unexpired term (Sec. 12-101).

                                     Oregon

       Unless otherwise designated, references are to the Oregon Revised
                                 Statutes 2003.

    Primary Elections, when held.
              Third Tuesday in May of each even-numbered year
            (Sec. 254.056(2)). (May 16, 2006).
    Nominating Papers, Petitions, Etc.
              A nominating petition for an office to be voted for
            in the state at large shall contain signatures of
            members of the same major political party as the
            candidate. Except as provided in this subsection, there
            shall be at least 1,000 signatures or the number of
            signatures at least equal to two percent of the vote
            cast in the state or congressional district, as the
            case may be, for the candidates of that major political
            party for presidential electors at the last
            presidential election, whichever is less
            (Sec. 249.068).
              A nominating petition or declaration of candidacy
            shall be filed not sooner than the 415th day and not
            later than the 70th day before the date of the primary
            election (Sec. 249.037). File with Secretary of State
            (Sec. 249.035).
              Declaration of candidacy.
              In lieu of petition for nomination with required
            number of signatures, a person can have his name
            printed as a candidate on his party's primary ballot by
            filing a declaration of candidacy and paying required
            filing fee (Sec. 249.020). File with Secretary of State
            (Sec. 249.035) not sooner than the 415th day and not
            later than the 70th day before the biennial primary
            election (Sec. 249.037).
              Candidates of other than major parties
              A minor political party, assembly of electors or
            individual electors may nominate one candidate for each
            partisan public office to be filled at the general
            election by preparing and filing a certificate of
            nomination as provided in ORS 249.712 to 249.850
            (Sec. 249.705).
              If nomination is made by a convention or assembly, a
            copy of the minutes of the meeting must accompany the
            certificate of nomination (Sec. 249.735).
              If nomination is made by individual electors, the
            certificate of nomination shall contain a number of
            signatures of electors in the electoral district equal
            to not less than one percent of the total votes cast in
            the electoral district for which the nomination is
            intended to be made (Sec. 249.740).
    Filing Fees and Assessments (required only of candidates who
            file a declaration of candidacy) (Sec. Sec. 249.056,
            249.035).
              Amount.--$150 for U.S. senatorial candidate.
              Date of payment.--At time of filing declaration of
            candidacy.
              To whom paid.--Secretary of State.
    Crossfiling by Candidates.
              Prohibited. Candidate must declare that, if he is
            defeated in primary, he will not accept the nomination
            or endorsement of any party other than the one in which
            he is registered at time of filing for nomination
            (Sec. 249.031(g)).
              If a candidate has not been a member of the major
            political party for at least 180 days before the
            deadline for filing a nominating petition or
            declaration of candidacy, the candidate shall not be
            entitled to receive the nomination of that major
            political party. If a candidate's registration becomes
            inactive, the inactive status shall not constitute a
            lapse of membership in the party if, immediately before
            the registration became inactive, the candidate was a
            member of the party and was not a member of any other
            political party within the 180 days preceding the
            deadline for filing a nominating petition or
            declaration of candidacy. The requirement that the
            candidate be qualified by length of membership does not
            apply to any candidate whose 18th birthday falls within
            the period of 180 days or to a write-in candidate
            (Sec. 249.046).
              Unsuccessful candidate in primary shall not be a
            candidate of any other political party or become an
            independent candidate at the succeeding general
            election (Sec. 249.048).
              As to candidates not nominated at primary elections,
            the acceptance of the nominee shall either accompany
            the certificate of nomination or it must be filed after
            the certificate is filed but before the time for filing
            nominations for the office has expired (Sec. 249.712).
            Independent candidates and candidates nominated by an
            assembly of electors must state in their certificates
            of nomination that they were not affiliated with any
            political party for at least 180 days before the
            deadline for the filing certificates of nomination
            (Sec. 249.720(e)).
    Subversive Parties Barred from Ballot.
              Advocating overthrow of Government by force.--
            Sec. 236.030.
    Write-in Provisions.
              Permitted in primary and general elections and on
            voting machines (Sec. 254.145).
    Vacancy in Office.
              Under Article V, Section 16 of the Constitution of
            Oregon, if a vacancy occurs in the office of United
            States Senator, the vacancy shall be filled at the next
            general election provided such vacancy occur more than
            61 days prior to such general election.
              If a vacancy in election or office of United States
            Senator occurs before the 61st day before the general
            election, the Governor shall call a special election to
            fill that vacancy. If a vacancy in election or office
            of United States Senator occurs after the 62nd day
            before the general election but on or before the
            general election, and if the term of that office is not
            regularly filled at that election, the Governor shall
            call a special election to fill the vacancy as soon as
            practicable after the general election.
              If a special election to fill the vacancy in election
            or office of United States Senator is called before the
            80th day after the vacancy occurs, each major political
            party shall select its nominee for the office and
            certify the name of the nominee to the Secretary of
            State. The Secretary of State shall place the name of
            the nominee on the ballot.
              If a special election to fill the vacancy in election
            or office of United States Senator is called after the
            79th day after the vacancy occurs, a special primary
            election shall be conducted by the Secretary of State
            for the purpose of nominating a candidate of each major
            political party. A declaration of candidacy or
            nominating petition may be filed not later than the
            10th day following the issuance of the writ of election
            (Sec. 188.120).

                                  Pennsylvania

      Unless otherwise designated, references are to title 25 of Purdon's
       Pennsylvania Statutes Annotated and to the 2005 Cumulative Annual
                                  Pocket Part.

    Primary Elections, when held.
              Third Tuesday in May in even-numbered years, except
            in presidential election years, when it shall be held
            on the 4th Tuesday in April (Sec. 2753) (May 16, 2006).
    Nominating Papers, Petitions, Etc.
              Party candidates for primary
              Candidates for nomination for the United States
            Senate shall present a nomination petition containing
            2,000 signatures of registered and enrolled party
            members (Sec. 2872.1). File with Secretary of the
            Commonwealth (Sec. 2873(a)), on or before the 10th
            Tuesday prior to the primary (Sec. 2873(d)).
    Candidates of political bodies which do not qualify as
            political parties (Sec. 2831(c)).
              Nomination papers signed by qualified electors of the
            State are to be filed with the Secretary of the
            Commonwealth. (Sec. 2911). Signatures are required
            equal in number to 2 percent of largest entire vote
            cast for any elected candidates in the State at large
            in last preceding election (Sec. 2911(b)). The
            nomination papers are to be filed with the Secretary of
            the Commonwealth on or before the second Friday
            subsequent to the primary (Sec. 2913(c)).
              Loyalty affidavits. (Title 65, Sec. 224).
              All candidates must file with nomination petition,
            nomination paper, or nomination certificate a statement
            under oath or affirmation that he is not a subversive
            person.
              Write-in candidate nominated at a primary must file
            affidavit within 60 days after primary.
              Write-in candidate elected in general election must
            file affidavit prior to being sworn into the office to
            which he is elected.
    Filing Fees and Assessments.
              Amount.--Party candidates, $200 (Sec. 2873(b.1)).
              Date of payments.--At time of filing nomination
            petitions (Sec. 2873(b.1)) or nomination papers
            (Sec. 2914).
              To whom paid.--Secretary of Commonwealth
            (Sec. Sec. 2873(a)).
    Crossfiling by Candidates.
              Prohibited. Person may not be candidate of more than
            one party (Sec. 2911(e)(5)).
    Subversive Parties Barred from Ballot.
              Advocating overthrow of Government by force.--
            (Sec. 2831(d)).
    Write-in Provisions.
              Permitted in primary (Sec. 2962(b)), and in general
            election (Sec. 2963(a)); electronic voting system
            (Sec. 3031.12(a)(3)).
    Vacancy in Office.
              If a vacancy occurs, it shall be filled for the
            unexpired term by the vote of the electors of the State
            at a special election held at the next general or
            municipal election, occurring at least 90 days after
            the happening of such vacancy.
              Candidates shall be nominated by political parties in
            accordance with party rules and by means of nomination
            certificates. Until such time as the vacancy shall be
            filled by an election, the Governor may make a
            temporary appointment to fill the vacancy (Sec. 2776).

                                  Rhode Island

    Unless otherwise specified, references are to the General Laws of Rhode
                   Island, updated through November 10, 2005.

    Primary Elections, when held.
              Second Tuesday after first Monday in September of
            even numbered years (Sec. 17-15-1). (September 12,
            2006). When any primary falls on a religious holiday
            such primary shall be held on the next business day
            following, other than Saturday (Sec. 17-15-2).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary
              Declaration of candidacy.--During the last
            consecutive Monday, Tuesday, and Wednesday in June in
            the even years preceding a primary. The declaration of
            candidacy must be filed not later than 4 p.m., on the
            last day for filing with the Secretary of State
            (Sec. 17-14-1).
              Nomination papers.--Upon receipt of declaration of
            candidacy, the Secretary of State shall prepare
            nomination papers for each person who has filed a
            declaration of candidacy. (17-14-4).
              Signatures are required of at least 1,000 voters for
            a U.S. Senatorial candidate (Sec. 17-14-7). Submit
            nomination papers for verification on the 60th day
            before primary to local board of elections of city or
            town where signers vote (Sec. 17-14-11).
              State party committee may endorse a candidate for the
            United States Senate by filing notification of same
            with Secretary of State by 4 p.m. on the second day
            after the final day for filing declarations of
            candidacy. (Sec. 17-12-4). Candidates for nomination
            endorsed by party committee shall be combined on the
            same nomination papers (Sec. 17-14-4).
              Certificate of signatures.--Local board shall certify
            number of names and qualifications of signers and shall
            file all nomination papers for State officers with
            Secretary of State (Sec. 17-14-11). Nomination papers
            shall be filed not later than 60 days before primary
            (Sec. 17-14-11).
              Independent candidate on final nomination papers
              Declaration of candidacy.--Nomination papers must be
            filed not later than 4 p.m. 60 days before the primary
            with Secretary of State (Sec. Sec. 17-14-11).
              Nomination papers.--Upon receipt of declaration, the
            Secretary of State shall prepare nomination papers for
            each candidate who has filed a declaration of candidacy
            and shall furnish nomination papers to the candidate
            (Sec. Sec. 17-14-4). Signatures of at least one
            thousand voters are required for the nomination papers
            of a U.S. senatorial candidate, (Sec. 17-14-7).
    Filing Fees and Assessments.--No statutory provisions.
    Crossfiling by Candidates.
              Party candidates are not eligible for independent
            nomination, and independent candidates are not eligible
            for party nomination (Sec. 17-14-2.1). Whenever any
            person seeks elective office, that person shall not
            have been a member of a political party other than the
            declared political party within 90 days of the filing
            of his or her declaration of candidacy. (Sec. 17-14-
            1.1).
    Subversive Parties Barred From Ballot.--No statutory
            provisions.
    Write-in Provisions.
              Permitted in general elections (Sec. 17-19-31).
    Vacancy in Office.
              If a vacancy occurs, it shall be filled at the next
            general election after the expiration of 70 days from
            the date of such vacancy. In case of such vacancy, the
            Governor shall make a temporary appointment of a
            person, pending the results of such an election
            (Sec. 17-4-9).

                                 South Carolina

      Unless otherwise designated, references are to the Code of Laws of
     South Carolina 1976, updated through the 2004 Session of the General
                                   Assembly.

    Primary Elections, when held.
              Second Tuesday in June in general election years
            (Sec. 7-13-40) (June 13, 2006).
              If no candidate receives a majority in the first
            primary, a second shall be held and, if necessary, a
            third, each two weeks successively thereafter (Sec. 7-
            13-40, Sec. 7-13-50).
    State Convention.
              Candiates for U.S. Senator may also be nominated by
            convention (Sec. Sec. 7-11-10, 7-11-30).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary
              Notice of candidacy and pledge to support party
            candidates.
              File with treasurer of State committee of his
            political party by 12 noon on March 30 (Sec. 7-11-210).
              Party candidate nominated by convention (Sec. 7-11-
            30).
              Use of convention method must be approved by a three-
            fourths vote of the total membership of such convention
            (Sec. 7-11-30).
              Independent candidate
              Nominating petition.--Signatures of at least 5
            percent of qualified registered electors in the State,
            but not more than 10,000. The petition must be
            certified to State Election Commission (Sec. 7-11-70).
              Nominees by petition.--Any nominee by petition for
            offices to be voted on in the general election must be
            placed upon the appropriate ballot by the officer,
            commissioners or other authority charged by law with
            preparing the ballot if the petition is submitted to
            the officer, commissioner, or other authority, as the
            case may be, for general elections held under Sec. 7-
            13-10, not later than 12 noon on July 15th, or if July
            15th falls on Saturday or Sunday, not later than 12
            noon on the following Monday (Sec. 7-13-351).
              Certified for ballot.--Nominees in a party primary or
            party convention to be voted on in the general election
            must be placed on the appropriate ballot for the
            election as candidates nominated by the party by the
            authority charged by law with peparing the ballot if
            the names are certified by the political party
            chairman, vice chairman, or secretary to the authority
            not later than 12 noon on August 15th or, if August
            15th falls on Saturday or Sunday, not later than 12
            noon on the following Monday (Sec. 7-13-350).
    Filing Fees and Assessments (for primary candidates)--
              The filing fees for all candidates filing to run in
            all primaries must be transmitted by the respective
            political parties to the State Election Commission and
            placed by the executive director of the commission in a
            special account designated for use in conducting the
            primaries and must be used for that purpose. The filing
            fee for each office is one percent of the total salary
            for the term of that office or one hundred dollars,
            whichever amount is greater (Sec. 7-13-40).
    Crossfiling by Candidates.
              Prohibited. If a person defeated as a candidate for
            nomination in the primary campaign is a candidate
            against his party's nominee, party officials should
            institute court action for an injunction (Sec. 7-11-
            210).
    Subversive Parties Barred from Ballot.
              No statutory provisions.
    Write-in Provisions.
              Permitted in general election (Sec. 7-13-360); on
            voting machines (Sec. 7-13-1850).
              Nothing contained in this section shall be construed
            to prevent the use of electronic methods of casting
            write-in ballots or the use of voting machines which do
            not employ paper and handwriting methods or technology
            for casting write-in ballots. (Sec. 7-13-800).
    Vacancy in Office.
              If a vacancy occurs, the Governor may fill such
            vacancy by appointment for the period of time
            intervening between the date of such appointment and
            January 3 following the next succeeding general
            election. But, if such vacancy occurs less than 100
            days prior to any general election, the appointment
            shall be for the period of time intervening between the
            date of such appointment and January 3 following the
            second general election next succeeding. The Governor
            shall within 5 days after any such appointment order an
            election to occur at the time of the general election
            immediately preceding the expiration date of the
            appointment if at the expiration of such appointment an
            unexpired term shall remain. (Sec. 7-19-20).

                                  South Dakota

    Unless otherwise indicated, references are to the South Dakota Codified
                       Laws current through July 1, 2005.

    Primary Elections, when held.
              First Tuesday after the first Monday in June in even-
            numbered years (Sec. Sec. 12-2-1). (June 6, 2006).
              If no candidate receives 35 percent of the votes of
            his party, a secondary election is held 2 weeks from
            the date of the first primary (Sec. Sec. 12-6-51.1).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary
              Nominating petition.--Signatures are required of not
            less than 1 percent of the number of voters who cast
            their votes for that party's candidate for Governor at
            the last general election. File with Secretary of State
            between 8 a.m. on January 20 and 5 p.m. on the first
            Tuesday of April prior to the primary (Sec. Sec. 12-6-
            4, 12-6-7).
              Independent candidate
              Certificate of nomination.--Signatures are required
            of not less than 1 percent of total State vote cast for
            Governor at the last general election (Sec. 12-7-1).
            File with Secretary of State between 8 a.m. on January
            1 and 5 p.m. on the first Tuesday after the first
            Monday in June. Certificate of nomination may not be
            circulated before January 1 of the year of the
            election. Certificate is to specify any political party
            with which the candidate is associated, or that he is
            an independent (Sec. Sec. 12-7-1, 12-7-1.1).
    Filing Fees and Assessments.--No statutory provision.
    Crossfiling by Candidates.
              No person may be a candidate for nomination to more
            than one public office (Sec. Sec. 12-6-3, 12-7-5).
    Subversive Parties Barred from Ballot.
              No statutory provisions.
    Write-in Provisions.
              No statutory provisions.
    Vacancy in Office.
              If a vacancy occurs, it is the duty of the Governor
            within 10 days of the occurrence to issue a
            proclamation setting the date of and calling for a
            special election to fill the vacancy. The election
            shall be held not less than 80 nor more than 90 days
            after the vacancy occurs (Sec. 12-11-1). The Governor
            may fill by temporary appointment, until a special
            election is held, vacancies in the office of U.S.
            Senator (Sec. 12-11-4).

                                   Tennessee

     Unless otherwise designated, references are to be the Tennessee Code
                  Annotated, current through the 2005 session.

    Primary Elections, when held.
              First Thursday in August in even-numbered years
            (Sec. 2-13-202, 2-1-104(24)). (August 3, 2006).
    Nominating Papers, Petitions, etc.
              Nominating petition must have candidate's signature
            as well as signatures of at least 25 registered voters
            eligible to vote to fill the office. File original with
            State Election Commission and certified duplicates with
            the coordinator of elections and with the chairman of
            the party's state executive committee, not later than
            12 noon on the first Thursday in April (Sec. Sec. 2-5-
            101 and 2-5-103).
    Filing Fees.
              No statutory provisions.
    Crossfiling by Candidate.
              No person may qualify as a candidate in a primary
            election with more than one party in which he seeks the
            same office. It is also unlawful for any person to
            qualify as an independent candidate and as a primary
            candidate for the same office in the same year. No
            person defeated in an August primary election may
            qualify as an independent for the same office in the
            November general elections. No candidate in a party
            primary election may appear on the ballot in a general
            election as the nominee of a different political party
            or as an independent (Sec. 2-5-101(f)).
    Subversive Parties Barred from Ballot.
              Advocating overthrow of Government by force (Sec. 2-
            1-114).
    Write-in Provisions.
              Permitted in all elections using paper ballots
            (Sec. Sec. 2-7-114, 2-5-207), when using a voting
            machine a paper ballot should be requested (Sec. 2-7-
            117). In order for any person to receive a party
            nomination by write-in ballots, he must receive at
            least 5 percent of the total number of votes cast in
            the primary on election day unless there are candidates
            for the office involved listed on the official ballot
            (Sec. 2-8-113).
    Vacancy in Office.
              If a vacancy occurs in the office of United States
            Senator, a successor shall be elected at the next
            regular November election and shall hold office until
            the term for which his predecessor was elected expires.
            If the vacancy will deprive the State of its full
            representation at any time Congress may be in session,
            the governor shall fill the vacancy by appointment
            until a successor is elected at the next regular
            November election and is qualified (Sec. 2-16-101).

                                     Texas

      Unless otherwise indicated, references are to Vernon's Texas Codes
     Annotated, current through the 2005 second called Session of the 79th
                                  Legislature.

    Primary Elections, when held.
              First Tuesday in March in even-numbered years
            (Sec. 41.007(a)). (March 7, 2006).
    Second Primary (runoff), when held.
              The runoff primary election date is the second
            Tuesday in April following the general primary election
            (Sec. 41.007(b)).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary.--Parties which received
            over 20 percent of the vote for Governor at the last
            election (Sec. 172.001). To be entitled to a place on
            the general primary election ballot, a candidate must
            make an application for a place on the ballot. An
            application must, in addition to complying with section
            141.031 (general requirements for application), be
            accompanied by the appropriate filing fee or, instead
            of the filing fee, a petition that satisfies the
            requirements prescribed by Section 141.062 (validity of
            petition) (Sec. 172.021). The filing fee for a
            candidate for nomination in the general primary
            election for United States senator is $5,000
            (Sec. 172.024).
              An application must be filed with the state chair of
            a political party for an office filed by votes of more
            than one county (Sec. 172.022). An application for a
            place on the general primary election ballot must be
            filed not later than 6 p.m. on January 2 of the primary
            election year unless the filing deadline is extended
            (Sec. 172.023).
              Petition signatures required.--The minimum number of
            signatures that must appear on a petition for a
            statewide office is 5,000 (Sec. 172.025). Not later
            than the 57th day before the general primary election
            day, the state chair shall deliver the certification to
            the county chairman in each county in which the
            candidate's name is to appear on the ballot
            (Sec. 172.028(b)).
              Independent candidates.--Independent candidates must
            file an application for a place on the general election
            ballot with the secretary of state accompanied by a
            petition not later than 5 p.m. of the 30th day after
            the runoff primary (Sec. Sec. 142.004, 142.005, and
            142.006). The petition for a statewide office must
            include signatures equal to 1 percent of the total vote
            received by all candidates for governor at the most
            recent gubernatorial general election (Sec. 142.007).
              Minor party nomination.--To be entitled to have the
            names of its nominees placed on the general election
            ballot, a political party required to make nominations
            by convention must file with the secretary of state,
            not later than the 75th day after the date of the
            precinct conventions lists of precinct convention
            participants indicating that the number of participants
            equals at least 1 percent of the total number of votes
            received by all candidates for governor in the most
            recent gubernatorial general election. The lists must
            include each participant's residence address and voter
            registration number. A political party that has
            qualified to have the names of its nominees placed on
            the ballot and that had a nominee for a statewide
            office who received a number of votes equal to at least
            5 percent of the total number of votes received by all
            candidates for that office is entitled to have the
            names of its nominees placed on the ballot in the
            subsequent general election (Sec. 181.005). An
            application for nomination by convention must be filed
            with the state chair not later than 5 p.m. on January 2
            preceding the convention (Sec. 181.033(a)). A political
            party nominating by convention must make its nomination
            for statewide offices at a state convention held on the
            second Saturday in June (Sec. 181.061(a)).
    Filing Fees and Assessments.
              Amount.--$5,000.
              Date of payment.--The time of filing an application
            for a place on the general primary ballot
            (Sec. 172.021).
              To whom paid.--State chair of state executive
            committee of a political party (Sec. 172.022).
    Crossfiling by Candidates.
              Prohibited.--Candidate required to be affiliated with
            party whose nomination he seeks (Sec. 172.021).
    Subversive Parties Barred From Ballot.
              Candidate must take an oath to support and defend the
            constitutions and the laws of the United States and the
            State of Texas (Sec. 141.031(K)).
    Write-in Provisions.
              Voting systems must permit write-in voting
            (Sec. 122.001(a)(9)). Write-in voting is not permitted
            in primary elections (Sec. 172.112).
    Vacancy in Office.
              The governor shall appoint a person to fill a vacancy
            in office if the vacancy exists or will exist when
            congress is in session. The appointee serves until a
            successor has been elected and has qualified
            (Sec. 204.002).
              If a vacancy occurs during an odd-numbered year or
            after the 62nd day before general primary election day
            in an even-numbered year, the remainder of the
            unexpired term shall be filled by a special election
            except that the minimum number of signatures that must
            appear on a petition accompanying a candidate's
            application for a place on the ballot is 5,000
            (Sec. 204.005).

                                      Utah

      Unless otherwise designated, references are to Utah Code Annotated,
             2003 Replacement Volume 3A and to the 2005 Supplement.

    Primary Elections, when held
              Fourth Tuesday in June in each even-numbered year
            (Sec. 20A-9-403) (June 27, 2006).
    Nominating Papers, Petitions Etc.
              Independent candidates (Sec. 20A-9-501).
              Certificate of nominations.--Signatures of 1,000
            legal voters are required. File with Lieutenant
            Governor between March 7 and March 17 (Sec. Sec. 20A-9-
            502, 20A-9-503).
    Filing Fees and Assessments.
              Amount.--One-eighth of 1 percent of total salary for
            full term (Sec. 20A-9-201).
              Date of payment.--When filing nomination paper or
            acceptance (Sec. 20A-9-201).
              To whom paid.--Lieutenant Governor (Sec. 20A-9-201).
    Crossfiling by Candidates.
              No candidate may file as an independent who has
            previously filed in the same year a declaration of
            candidacy with any political party (Sec. 20A-9-501).
    Subversive Parties Barred From Ballot.
              No statutory provisions.
    Write-in Provisions.
              To become a valid write-in candidate, a person shall
            file a declaration of candidacy with the appropriate
            filing officer not later than 14 days before the
            regular general election in which the person intends to
            be a write-in candidate. The filing officer shall read
            to the candidate the constitutional and statutory
            requirements for candidacy, and the candidate shall
            state whether or not the requirements of the candidacy
            are met. If the candidate indicates that they are not
            met, the person is not a valid write-in candidate
            (Sec. 20A-9-601). Voters may insert the name of a valid
            write-in candidate (Sec. 20A-3-106).
    Vacancy in Office.
              When a vacancy occurs in the office of U.S. senator,
            it shall be filled for the unexpired term at the next
            regular general election. The governor shall appoint a
            person to serve as U.S. senator until the vacancy is
            filled by election from one of three persons nominated
            by the state central committee of the same political
            party as the prior office-holder (Sec. 20A-1-502).

                                    Vermont

    Unless otherwise designated, references are to Title 17 of the Vermont
             Statutes Annotated, current through February 4, 2005.

    Primary Elections, when held.
              Second Tuesday of September in even-numbered years
            (Sec. 2351). (September 12, 2006).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary
              Primary petitions with assent of candidate and 500
            signatures of legal voters are required
            (Sec. Sec. 2353, 2354, and 2355). File with Secretary
            of State (Sec. 2357) no sooner than the first Monday in
            June (June 5, 2006) and not later than 5 p.m. on the
            third Monday of July preceding the primary election
            (Sec. 2356) (July 17, 2006).
              A voter shall not sign more than one primary petition
            for the same office, unless more than one nomination is
            to be made, in which case he may sign as many petitions
            as there are nominations to be made for the same office
            (Sec. 2354).
              Candidate of minor political party (political party
            whose candidate for any State office in the most recent
            general election polled less than 5 percent of the vote
            cast for that office) may be nominated and have his
            name printed on the general election ballot
            (Sec. Sec. 2103(23) and 2381).
              Certificate of nomination.--These candidates may be
            nominated by the state committee (Sec. 2382). When a
            nomination is made under these provisions, the chairman
            and the secretary of the committee making the
            nomination shall file a statement under oath, setting
            forth the name and residence of the candidate, the
            office for which the nomination is made, and the
            committee making the nomination. The candidate shall
            file a consent to have his name printed on the ballot
            (Sec. 2385). Statements shall be filed not more than 60
            days before the day of the general election and not
            later than 5 p.m. on the third day following the
            primary election (Sec. 2386). File with Secretary of
            State (Sec. 2387).
              Independent candidate
              Certificate of nomination.--Signatures of voters
            qualified to vote in an election for the office, equal
            in number to at least 250 (Sec. 2402(b)(1)).
            Certificate of nomination must include certificate of
            the town clerk where the signers appear to be voters,
            certifying those signatures which are valid and those
            which are not (Sec. 2402). File with Secretary of State
            not more than 60 nor less than 47 days before general
            election (Sec. Sec. 2402, 2386).
    Filing Fees and Assessments--No statutory provision.
    Crossfiling by candidates.
              Not prohibited.--Person nominated for the same office
            by more than one party at a primary or convention, or
            as an independent, not later than the second Friday
            following the primary election may elect the party or
            parties in which he will be a candidate (Sec. 2474).
    Subversive Parties Barred from Ballot.
              Advocating overthrow of Government by force.--In
            order to qualify as an elector, a person must first
            take the voter's oath (Sec. 2121).
    Write-in Provisions.
              Permitted in primary (Sec. 2362) and in general
            elections (Sec. 2472).
    Vacancy in Office.
              If a vacancy occurs in the office of United States
            Senator, the governor shall call a special election to
            fill the vacancy. His proclamation shall specify a day
            for the special election and a day for a special
            primary. The special election shall be held not more
            than 3 months from the date that the vacancy occurs,
            except that, if vacancy occurs within 6 months of a
            general election, the special election may be held the
            same day as the general election (Sec. 2621). The
            governor may make an interim appointment to fill a
            vacancy in the office of United States Senator, pending
            the filling of the vacancy by special election
            (Sec. 2622).

                                    Virginia

     Unless otherwise designated, references are to the Code of Virginia,
        Title 24.2, 2003 Replacement Volume and to the 2005 Cumulative
                                  Supplement.

    Primary Elections, when held.
              Second Tuesday in June next preceding the general
            election (Sec. 24.2-515). (June 13, 2006).
              Party to determine method of nominating
              Each party shall have the power to provide whether a
            party nomination shall be made by direct primary or by
            some other method. (Sec. 24.2-509(A)).
    Nomination Papers, Petitions, Etc.
              Party candidate for primary
              Declaration of candidacy and petition.--Signatures of
            10,000 qualified voters of the state including at least
            400 qualified voters from each congressional district
            (Sec. 24.2-521). Candidates must file declaration of
            candidacy, together with petition, affidavit and filing
            fee receipt with the State Board of Elections not
            earlier than noon of the 77th day and not later than 5
            p.m. of the 60th day before the primary. (Sec. 24.2-
            522).
              Independent candidate
              Notice of candidacy and petition.--Signatures of
            10,000 qualified voters of the state, including at
            least 400 qualified voters from each congressional
            district. (Sec. 24.2-506).
    Filing Fees and Assessments.
              For primary candidates
              Amount.--Two percent of 1 year's minimum salary
            attached to the office for which he is candidate in
            effect in the year in which he files (Sec. 24.2-523).
              Date of payment.--Before filing declaration of
            candidacy (Sec. 24.2-523).
              To whom paid.--State Board of Elections (Sec. 24.2-
            524).
    Crossfiling by Candidates.
              Prohibited.--Candidate must be a member of the party
            whose nomination he seeks. Declaration of candidacy
            contains authorization to election officials not to
            print candidate's name on general election ballot if
            candidate is defeated at primary (Sec. 24.2-520).
    Subversive Parties Barred From Ballot.
              No statutory provisions.
    Write-in Provisions.
              Permitted on voting machines (Sec. 24.2-648).
    Vacancy in Office.
              When any vacancy occurs in the representation of the
            Commonwealth of Virginia in the United States Senate,
            the Governor shall issue a write of election to fill
            the vacancy for the remainder of the unexpired term.
            The election shall be held on the next succeeding
            November general election date or, if the vacancy
            occurs within 120 days prior to that date, on the
            second succeeding November general election date. The
            Governor may make a temporary appointment to fill the
            vacancy until the qualified voters fill the same by
            election. (Sec. 24.2-207).

                                   Washington

        Unless otherwise designated, references are to Title 29A of the
                        Washington Revised Code (2005).

    Primary Elections, when held.
              The names of the candidates of the major political
            parties shall appear upon the partisan primary ballot
            (Sec. 29A.36.101). No name of a candidate for a
            partisan office shall appear on the general election
            ballot unless he receives at least 1 percent of the
            total votes cast for that office, and a plurality of
            the votes cast for the candidates of his party at the
            preceding primary (Sec. 29A.36.191).
              Third Tuesday in September in general election years,
            or on the seventh Tuesday immediately preceding such
            election, whichever occurs first (Sec. 29A.04.321)
            (September 19, 2006).
    Conventions, when held.
              For new or minor parties, and for independent
            candidates (Sec. 29A.20.110).
              Not earlier than the last Saturday in June and not
            later than the first Saturday in July or during any of
            the seven days immediately preceding the first day for
            filing declarations of candidacy as fixed in accordance
            with RCW 29A.28.041 (Sec. 29A.20.121).
    Nominating Papers, Petitions, Etc.
              Party convention for primary
              Declaration of candidacy (Sec. 29A.24.031).--File
            with Secretary of State not earlier than the fourth
            Monday of July (July 24, 2006) nor later than the
            following Friday (Sec. Sec. 29A.24.050, 29A.24.070)
            (July 28, 2006).
              Minor Parties and Independent Candidates
              Each minor party or independent candidate must
            publish a notice in a newspaper of general circulation
            within the county in which the party or the candidate
            intends to hold a convention. The notice must appear at
            least 10 days before the convention is to be held, and
            shall state the date, time, and place of the
            convention. Additionally, it shall include the mailing
            address of the person or organization sponsoring the
            convention (Sec. 29A.20.130).
              To be valid, a convention must be attended by at
            least 25 registered voters. In order to nominate
            candidates for the office of United States senator, a
            nominating convention shall obtain and submit to the
            filing officer the signatures of at least 1000
            registered voters of the state of Washington.
            (Sec. 29A.20.141).
              A nominating petition submitted shall clearly
            identify the name of the minor party or independent
            candidate convention as it appears on the certificate
            of nomination. The petition shall also contain a
            statement that the person signing the petition is a
            registered voter of the state of Washington and shall
            have a space for the voter to sign his or her name and
            to print his or her name and address. No person may
            sign more than one nominating petition under this
            chapter for an office for a primary or election
            (Sec. 29A.20.151).
    Filing Fees and Assessments.
              Amount.--One percent of annual salary.
              Date of payment.--When filing declaration of
            candidacy.
              To whom paid.--Secretary of State (Sec. 29A.24.091).
    Crossfiling by Candidates.
              Prohibited.--Must be member of party whose nomination
            he seeks (Sec. 29A.24.031).
              No candidate's name shall appear more than once on
            general election ballot. (Sec. 29A.36.201).
    Subversive Parties Barred From Ballot.
              Communist Party.--(Sec. Sec. 9.81.040, 9.81.083).
    Write-in Provisions.
              For any office at any election or primary, any voter
            may write in on the ballot the name of any person for
            an office who has filed as a write-in candidate for the
            office in the manner provided by RCW 29A.24.311 and
            such vote shall be counted the same as if the name had
            been printed on the ballot and marked by the voter. For
            a partisan primary in a jurisdiction using the
            physically separate ballot format, a voter may write in
            on a party ballot only the names of write-in candidates
            who affiliate with that major political party. No
            write-in vote made for any person who has not filed a
            declaration of candidacy pursuant to RCW 29A.24.311 is
            valid if that person filed for the same office, either
            as a regular candidate or a write-in candidate, at the
            preceding primary. Any abbreviation used to designate
            office, position, or political party shall be accepted
            if the canvassing board can determine, to their
            satisfaction, the voter's intent (Sec. 29A.60.021).
    Vacancy in Office.
              When a vacancy happens in the representation of the
            State in the Senate of the United States, the Governor
            shall make a temporary appointment until the people
            fill the vacancy by election (Sec. 29A.28.30).
              Whenever a vacancy occurs in the office of United
            States senator from this state, the governor shall
            order a special election to fill the vacancy. Within 10
            days of such vacancy occurring, he or she shall issue a
            writ of election fixing a date for the special vacancy
            election not less than 90 days after the issuance of
            the writ, fixing a date for the primary for nominating
            major political party candidates for the special
            vacancy election not less than 30 days before the day
            fixed for holding the special vacancy election, fixing
            the dates for the special filing period, and
            designating the term or part of the term for which the
            vacancy exists. If the vacancy occurs less than 6
            months before a state general election and before the
            second Friday following the close of the filing period
            for that general election, the special primary, special
            vacancy election and minor party and independent
            candidate nominating conventions must be held in
            concert with the state primary and state general
            election in that year.
              If the vacancy occurs on or after the first day for
            filing under RCW 29A.24.050 and on or before the second
            Friday following the close of the filing period, a
            special filing period of 3 normal business days shall
            be fixed by the governor and notice thereof given to
            all media, including press, radio, and television
            within the area in which the vacancy election is to be
            held, to the end that, insofar as possible, all
            interested persons will be aware of such filing period.
            The last day of the filing period shall not be later
            than the third Tuesday before the primary at which
            candidates are to be nominated. The names of major
            political party candidates who have filed valid
            declarations of candidacy during this 3-day period
            shall appear on the approaching primary ballot. If the
            vacancy occurs later than the second Friday following
            the close of the filing period, a special primary,
            special vacancy election and the minor party and
            independent candidate conventions to fill the position
            shall be held after the next state general election
            but, in any event, no later than the 90th day following
            the November election. (Sec. 29A.28.041).

                                 West Virginia

     Unless otherwise designated, references are to the West Virginia Code
        Annotated (2002 Replacement Volume) and to the 2005 Supplement.

    Primary Elections, when held.
              Second Tuesday in May (Sec. 3-5-1) (May 9, 2006).
    Nominating Papers, Petitions, Etc.
              Certificate of announcement of candidacy.--File with
            Secretary of State not earlier than the second Monday
            in January and not later than the last Saturday in
            January preceding the primary election (Sec. 3-5-7).
              Candidates of minor parties (which polled less than
            10 percent of total vote cast for Governor at last
            general election).--Nomination may be by convention or
            by certificate in the same manner as independents
            (Sec. 3-5-22). If by convention, file certificate of
            nomination with Secretary of State not later than 1 day
            preceding the primary. (Sec. 3-5-24).
              Independent candidates.--Groups of citizens having no
            party organization may nominate candidates by petition.
            Certificates of nomination, bearing signatures of
            registered voters in number equal to not less than 2
            percent of entire vote cast for United States Senator
            at last general election, must be filed with Secretary
            of State not later than 1 day before primary (Sec. 3-5-
            23).
    Filing Fees and Assessments.
              Amount.--One percent of annual salary (Sec. 3-5-8).
              Date of payment.--At time of filing certificate of
            announcement of candidacy (Sec. 3-5-8).
              To whom paid.--Secretary of State (Sec. 3-5-8).
              The West Virginia Supreme Court of Appeals held that
            the failure to provide a reasonable alternative to
            filing fees for impecunious candidates to obtain access
            to the ballot renders the filing fee requirement
            unconstitutional as to such candidates, West Virginia
            Libertarian Party v. Manchin, 270 S.E. 2d 634, (1980).
    Crossfiling by Candidates
              Prohibited.--Generally, no person shall be a
            candidate for more than one office except that a
            candidate for an office may also be a candidate for
            president of the United States. (Sec. 3-5-7).
    Subversive Parties Barred From Ballot.
              No statutory provisions.
    Write-in Provisions.
              Permitted in general election (Sec. 3-6-5(b)(3)); on
            voting machines (Sec. 3-4-8(3)); on electronic voting
            system (Sec. 3-4A-9(3)).
    Vacancy in Office.
              Any vacancy occurring in the office of United States
            Senator or in any office created or made elective, to
            be filled by the voters of the entire state, shall be
            filled by the governor of the state by appointment. If
            the unexpired term be for less than 2 years and 6
            months, the appointment to fill the vacancy shall be
            for the unexpired term. If the unexpired term of any
            office be for a longer period than above specified, the
            appointment shall be until a successor to the office
            has timely filed a certificate of candidacy, has been
            nominated at the primary election next following such
            timely filing and has thereafter been elected and
            qualified to fill the unexpired term. Proclamation of
            any election to fill an unexpired term shall be made by
            the governor of the state, and, in the case of an
            office to be filled by the voters of the entire state,
            shall be published prior to such election as a Class
            II-0 legal advertisement in compliance with the
            provisions of article 3 [Sec. 59-3-1 et seq.], chapter
            59 of this code, and the publication area for such
            publication shall be each county of the state (Sec. 3-
            10-3).

                                   Wisconsin

     Unless otherwise designated references are to the Wisconsin Statutes
        Annotated (2004) and to the 2005 Cumulative Annual Pocket Part.

    Primary Elections, when held.
              Second Tuesday in September in even-numbered years.
            (Sec. 5.02(18)) (September 12, 2006).
    Nominating Papers, Petitions, Etc.
              Party candidate for primary
              Nomination papers.--Nomination papers shall be
            circulated no sooner than June 1 preceding the general
            election (Sec. 8.15(1)). Signatures of party members
            are required equal in number to not less than 2,000 nor
            more than 4,000 electors (Sec. 8.15(6)(a)). File with
            the elections board not later than 5 p.m. on second
            Tuesday in July preceding primary (Sec. Sec. 8.15(1),
            8.15(8)(a)) (July 11, 2006).
              Declaration of candidate.--Declaration must accompany
            nominating papers, that if nominated and elected,
            candidate will qualify for office for which he seeks
            nomination (Sec. 8.15(4)(b)).
              Independent candidate
              Nomination papers.--Nomination papers should be
            circulated no sooner than June 1 preceding the election
            (Sec. 8.20(8)(a)). Signatures are required of not less
            than 2,000 nor more than 4,000 electors (Sec. 8.20(4)).
            File with elections board not later than 5 p.m. on
            second Tuesday in July (Sec. 8.20(8)(a)) (July 11,
            2006).
    Filing Fees and Assessments--No statutory provision.
    Crossfiling by Candidates.
              Prohibited.--No filing officer shall accept
            nomination papers for any candidate to run in more than
            one party primary at the same time. An independent
            candidate at a partisan primary or other election may
            not file nomination papers as the candidate of a
            recognized political party for the same office at the
            same election. A person who files nomination papers as
            the candidate of a recognized political party may not
            file nomination papers as an independent candidate for
            the same office at the same election (Sec. 8.15(7)).
              If nominated to the same office by more than one
            party, or nominated for more than one partisan or state
            nonpartisan office, candidate's name shall appear under
            the first party nominating him or under the office to
            which he was first nominated. If the double nomination
            is simultaneous, candidate shall file statement
            declaring his party or office preference
            (Sec. 8.03(1)). However, this provision does not apply
            when a candidate for President or Vice President of the
            United States is nominated for another elective office
            during the same election. If the candidate is elected
            President or Vice President, such election shall void
            his election to any other office. A special election
            shall be held to fill any office vacated under this
            subsection (Sec. 8.03(2)).
    Subversive Parties Barred From Ballot.
              No provisions.
    Write-in Provisions.
              Permitted in primary (Sec. 8.16(2)) and in general
            elections (Sec. Sec. 5.64(1)(a), 7.50(2)(a)); on voting
            machines (Sec. 7.50(2)(h)).
    Vacancy in Office.
              Vacancies in the office of U.S. Senator shall be
            filled by election, as provided in Sec. 8.50(4)(b), for
            the residue of the unexpired term (Sec. 17.18). A
            vacancy in the office of U.S. Senator occurring prior
            to the 2nd Tuesday in May in the year of the general
            election shall be filled at a special primary and
            election. A vacancy in that office occurring between
            the 2nd Tuesday in May and the 2nd Tuesday in July in
            the year of the general election shall be filled at the
            September primary and general election
            (Sec. 8.50(4)(b)).

                                    Wyoming

     Unless otherwise designated, references are to the Wyoming Statutes,
                            Annotated, 2005 Edition.

        Date of primary no longer specified by statute.
    Nominating Papers, Petitions, etc.
              Party candidate for primary
              Application for nomination.--File with Secretary of
            State not more than 96 and not less than 81 days before
            primary (Sec. Sec. 22-5-206(a), 22-5-209).
              Independent candidate
              Nomination by petition.--Signatures required from
            registered electors not less than two percent of total
            number of votes cast for Representative in Congress in
            last general election in state (Sec. Sec. 22-5-301, 22-
            5-304.) File with Secretary of State 70 days before
            general election (Sec. Sec. 22-5-306, 22-5-206(a), 22-
            5-307).
    Write-in candidate in primary.
              Acceptance of nomination.--Write-in candidate must
            receive at least 25 votes (Sec. 22-5-215).
    Filing Fees and Assessments.
              Primary candidates (Sec. 22-5-208).
              Amount.--$200.
              Date of payment.--When filing application for
            nomination.
              To whom paid.--Secretary of State.
              Independent candidates (Sec. 22-5-306).
              Amount.--$200.
              Date of payment.--When filing nomination petition.
              To whom paid.--Secretary of State.
              Write-in candidates.--No provision.
    Crossfiling by Candidates.
              Prohibited.--Must be a member of party whose
            nomination he seeks (Sec. 22-5-204).
              A candidate defeated in a primary election is
            disqualified from being a candidate by petition
            (Sec. 22-5-302).
              The name of a candidate shall be printed on the
            ballot but once (Sec. 22-6-112).
    Write-in Provisions.
              Permitted in primary (Sec. 22-6-119); in general
            election (Sec. 22-6-120); on voting machines (Sec. 22-
            10-101); on electronic voting systems (Sec. 22-11-103).
    Vacancy in Office.
              If a vacancy occurs in the office of United States
            Senator, the governor shall fill the vacancy by
            temporary appointment according to specified rules
            (Sec. 22-18-111(a)(i)).
    =======================================================================

                                    PART IV

                 CAMPAIGN ACTIVITIES BY CONGRESSIONAL EMPLOYEES

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

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

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

                         A. General Campaign Activities

        There are no Federal statutes, regulations, or rules of
    Congress which specifically prohibit congressional employees
    from voluntarily engaging in general campaign activity. The
    broad prohibition against partisan political campaigning, even
    on one's own free time, which had been in effect for most
    executive branch employees in the federal civil service under
    what was commonly known as the ``Hatch Act,'' has not been
    applicable to the staff of elected federal officials, such as
    congressional employees.\2\ Apart from certain restrictions in
    the area of campaign funds and finances,\3\ Senate staffers may
    continue to participate in political campaign activities during
    their free time.
    ---------------------------------------------------------------------------
        \2\ Most restrictions prohibiting voluntary campaign activities on
    one's free time have now been removed from the ``Hatch Act'' for most
    federal employees. Pub.L. 103-94, 107 Stat. 1001; 5 U.S.C.
    Sec. Sec. 7321 et seq.
        \3\ See 18 U.S.C. Sec. Sec. 602 (contributions to one's employer),
    603 (soliciting contributions from federal employees), 607 (soliciting
    contributions in a federal building), and Senate Rule 41 (campaign fund
    activity by Senate staff).
    ---------------------------------------------------------------------------
        Although there are no broad prohibitions on campaign
    activities by congressional staff on their own free time, there
    do exist general guidelines, ethical standards, and rules in
    Congress which indicate that official congressional staff,
    since they are federal employees paid by monies appropriated
    from the United States Treasury, are considered to be
    compensated for services rendered for public purposes, that is,
    for the performance of ``official'' congressional duties,\4\
    rather than for personal campaigning for a Member. It is a
    general principle of federal appropriations law that federal
    monies are to be used only for the purposes for which they were
    appropriated.\5\ These various standards and principles have
    been generally interpreted in Congress to mean that employees
    may not engage in campaign activities on behalf of a Member to
    the neglect of their official duties; but that once employees
    have fulfilled their official congressional duties for which
    they are compensated from public funds, they may then generally
    engage in partisan campaign activities on their own ``free
    time'' or ``off-duty'' hours.\6\
    ---------------------------------------------------------------------------
        \4\ See now ``Senate Ethics Manual,'' S. Pub. 106-001, 106th Cong.,
    1st Session, at 172 (January 1999); note also S. Rept. 95-500, 95th
    Cong. 1st Sess. p. 4; S. Rept. 95-241, 95th Cong., 1st Sess. p. 1.
        \5\ 31 U.S.C. Sec. 1301(a); see Principles of Federal
    Appropriations Law, United States General Accounting Office (1982), 3-
    138 to 139.
        \6\ Senate Select Committee on Ethics Interpretative Rulings Nos.
    3, 5, 22, 59, 88, 154, 194, 263, 302, 326, 349; note also House
    Committee on Standards Advisory Opinion No. 2 (1973).
    ---------------------------------------------------------------------------
        In addition to congressional ethical standards and rulings,
    there may be potential legal implications if salaries are
    claimed from public appropriations for individuals merely for
    their performance of non-official, campaign services on behalf
    of a Member, or anyone else. Although federal court decisions
    have shown that there may be questions of justiciability of
    civil liability claims under the specific provisions of the
    federal False Claims Act,\7\ criminal liability might possibly
    attach in certain severe factual circumstances where schemes to
    compensate individuals from public monies merely for campaign
    services rendered to a Member, or to another, are considered to
    constitute a fraud against the government,\8\ or a ``theft'' of
    government salary or services.\9\
    ---------------------------------------------------------------------------
        \7\ 31 U.S.C. Sec. Sec. 3729, 3730, see United States ex rel.
    Joseph v. Cannon, 642 F.2d 1373 (D.C. Cir. 1981), cert. denied 455 U.S
    999 (1982).
        \8\ See United States v. Clark, Criminal No. 78-207 (W.D. Pa.
    1978); note also in other contexts, United States v. Diggs, 613 F.2d
    988 (D.C. Cir. 1979), cert. denied, 446 U.S. 982 (1980); and United
    States v. Pintar, 630 F.2d 1270, 1275 (8th Cir. 1980).
        \9\ 18 U.S.C. Sec. 641. See United States v. Bresnahan, Criminal
    No. 93-0409 (D.D.C. 1993).
    ---------------------------------------------------------------------------
        Even though an individual is on a Member's official payroll
    and receiving salary for official duties, there is no flat
    prohibition upon an employee of a Member of Congress receiving
    outside compensation from a campaign committee for campaign
    related duties during such person's non-congressional and non-
    official time.\10\ In fact, if a staffer is to perform
    extensive campaign activities for the Member, such person might
    have his or her official salary reduced commensurate with the
    decrease in official duties to be performed during this period,
    or be removed from the official payroll, and have the campaign
    committee compensate that person for the outside political
    campaign duties performed, to assist in avoiding any
    implication that official funds are compensating one for
    political activities.
    ---------------------------------------------------------------------------
        \10\ Note, for example, Senate Select Committee on Ethics
    Interpretative Ruling Nos. 357, December 16, 1982, and 402, October 18,
    1985.
    ---------------------------------------------------------------------------
        Finally, at any time, but particularly during a campaign,
    the public's perception of the conduct of an elected official
    and his or her staff may have significance beyond the mere
    conformity with the technical requirements of rules or
    statutes. When official staff are involved in a Member's
    reelection campaign, such activity may be an easy target for
    political opponents seeking media attention by charging that
    official government personnel are being used for private
    political campaigning, raising the specter of appearances of
    impropriety. Although one can not insulate a Member of
    Congress/candidate completely from specious and unfair
    political attacks, sufficiently precise and accurate record
    keeping and time logs of one's official congressional work and
    duties, for which one receives a salary from the government,
    may be useful for documentation during a period when the
    staffer is also working on the campaign during his or her
    ``free'' or ``non-official'' time.

                       1. CAMPAIGNING AND OFFICIAL DUTIES

                     A. Congressional Standards and Rulings

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

                     B. Senate Rulings and Interpretations

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

                 C. Official Duties Versus Campaign Activities

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

             2. FALSE CLAIMS, FRAUD AND THEFT: FEDERAL CRIMINAL LAW

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

                         3. RUNNING FOR ELECTIVE OFFICE

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

                           1. POLITICAL CONTRIBUTIONS

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

          A. Soliciting Political Contributions from Federal Employees

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

                       B. Making Political Contributions

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

                    2. FUNDRAISING DINNERS AND TESTIMONIALS

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

                 3. CAMPAIGN FUND ACTIVITY BY SENATE EMPLOYEES

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

                                    RULE XLI

                      Political Fund Activity; Definitions

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

                   4. CAMPAIGN ACTIVITY IN A FEDERAL BUILDING

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

                                   1. GENERAL

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

               2. SOLICITING OR RECEIVING CAMPAIGN CONTRIBUTIONS

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

                       3. MAKING POLITICAL CONTRIBUTIONS

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

                                     PART V

        QUALIFICATIONS OF MEMBERS OF CONGRESS FOR ELIGIBILITY FOR OFFICE

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

       QUALIFICATIONS OF MEMBERS OF CONGRESS FOR ELIGIBILITY FOR OFFICE *

                                  ----------                              _

                         A. Introduction and Background

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

                        B. State Residency Requirements

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

                          C. Definition of Inhabitancy

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

       D. Holding Public Office and Eligibility for Congressional Office

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

             E. Subversive Activities and Eligibility for Congress

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

               F. Felony Conviction and Eligibility for Congress

        Generally, the conviction of or pleading guilty to a crime,
    which constitutes a felony offense, does not automatically
    affect the eligibility to be a Member of Congress or to be a
    candidate for a future Congress, unless the conviction is for
    insurrection or rebellion against the United States or for
    aiding or abetting the enemies of the United States. [See,
    United States Constitution, Fourteenth Amendment, Section 3,
    which would disqualify one who would commit such offenses after
    holding public office and swearing to uphold the Constitution.]
    This issue was addressed in a 1918 Minnesota Supreme Court
    decision holding that the State constitutional provisions
    disqualifying convicted felons can have no application to the
    office of United States Senator.\46\ The Court further held
    that the qualifications of those aspiring to or holding
    congressional office are prescribed by the Federal
    Constitution, which the State cannot modify or enlarge in any
    way. Consequently, the candidate who was a convicted felon was
    not disqualified under the provisions of the United States
    Constitution.\47\
    ---------------------------------------------------------------------------
        \46\ State ex rel. Eaton v. Schmahl, 167 N.W. 481 (Sup. Ct. Minn.
    1918).
        \47\ Id.
    ---------------------------------------------------------------------------

      G. Eligibility of Congressional Candidates After Defeat in Primary
                                    Election

        On occasion, the issue arises as to whether a candidate for
    Congress can run in a general election for congressional
    office, after a primary election defeat, despite a state
    election law prohibiting defeated primary candidates from
    running in the general election. Generally, state ballot access
    provisions, which are merely regulatory and are concerned only
    with the manner of holding elections, do not impose additional
    qualifications for holding congressional office.
        For example, a 1902 decision by the Supreme Court of
    Minnesota held that a statute prohibiting an unsuccessful
    congressional candidate at a primary election from having his
    name printed on the general election ballot as an independent
    candidate for the same congressional office was a reasonable
    and valid regulation that did not affect his eligibility for
    congressional office because the official ballot had a
    provision for write-in votes.\48\ Thus, when state election
    laws prohibit congressional candidates defeated in primary
    elections from having their names printed on general election
    ballots, these provisions do not affect their eligibility to
    congressional office as defined by the Constitution. The
    presence of a write-in provision protects congressional
    eligibility and enables congressional candidates to be elected
    if the requisite number of write-in votes are received.
    Likewise, a 1934 Nebraska Supreme Court decision held that a
    candidate who was defeated at a primary election for the office
    of governor could not, by petition, become a candidate for the
    office of United States Senator.\50\ The Court concluded that
    the candidate was not entitled to have his name printed on the
    ballot, even though he was seeking the office of U.S. Senator,
    since he may still be a write-in candidate and win the election
    if a sufficient number of voters wrote in his name on the
    ballot.\51\ According to the court, the state statute
    prohibiting defeated primary candidates from being on the
    general election ballot by petition did not impose an
    additional qualification to be a United States Senator and did
    not prevent him from being a candidate in the general election
    due to the write-in provisions.\52\
    ---------------------------------------------------------------------------
        \48\ State ex rel. McCarthy v. Moore, County Auditor, 87 Minn. 308,
    92 N.W. 4 (1902)
        \50\ State ex rel. O'Sullivan v. Swanson, 257 N.W. 255 (Sup. Ct.
    Neb. 1934).
        \51\ Id. at 255, 256.
        \52\ Id. at 256.
    ---------------------------------------------------------------------------
        However, a 1942 North Dakota Supreme Court decision held
    that a statute prohibiting a defeated primary candidate from
    being a candidate for the same office at the general election
    was inapplicable to congressional candidates because it was not
    regulatory and added a qualification for holding congressional
    office in addition to those fixed by the Federal
    Constitution.\53\ The court concluded that, when a state
    election law bars the placement of a candidate's name on a
    general election ballot after a primary election defeat, it
    consequently makes the congressional candidate ineligible for
    said office. Thus, according to the court, this ineligibility
    to general election ballot access, whether as a candidate of
    another political party or as an independent candidate, imposes
    an additional qualification for congressional office in
    violation of the U.S. Constitution.\54\ However, the current
    state of the law appears to indicate that, as long as write-in
    access is available to the congressional candidate, such a bar
    would not be absolute and therefore, would not constitute an
    added qualification to Federal office.
    ---------------------------------------------------------------------------
        \53\ State ex rel. Sundfor v. Thorson, 6 N.W. 2d 89, 91-92 (Sup.
    Ct. N.D. 1942).
        \54\ Id. at 90.
    ---------------------------------------------------------------------------

               H. State Requirements for Obtaining Ballot Access

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

                        I. Recall of Members of Congress

        There is no Federal statute providing for the recall of
    U.S. Senators and Representatives, nor does the Constitution
    provide for any recall of Members of Congress. Before a U.S.
    Senator or Representative could be recalled, a constitutional
    amendment providing for recall would have to be adopted by two-
    thirds of both houses of Congress and ratified by three-fourths
    of the States in accordance with Article V.\71\
    ---------------------------------------------------------------------------
        \71\ See generally, S. Doc. 74-108, 74th Cong., 1st Sess., Recall
    of United States Senators and Representatives, at 1-4 (May 13, 1935).
    ---------------------------------------------------------------------------
        Senators and Representatives may lose their congressional
    seats--aside from death or resignation--in the following ways:
    (1) if they are appointed to a civil office during the time for
    which they are elected; \72\ (2) if they are elected to an
    incompatible office such as governor of a state; \73\ (3) if
    they are expelled, with the concurrence of two-thirds of the
    members, by the respective House,\74\ and (4) if they are
    disqualified if after having previously taken an oath to
    support the Constitution, they shall have engaged in
    insurrection or rebellion against the United States or given
    aid or comfort to the enemies of the United States.\75\ These
    are the only removal procedures that are set forth in the
    Constitution for involuntary removal from offices of Senator
    and Representative.
    ---------------------------------------------------------------------------
        \72\ U.S. Const., art. 1, Sec. 6, cl. 2.
        \73\ 1 Hinds' Precedents of the House of Representatives, ch. 15,
    at 16.
        \74\ U.S. Const., art. I, Sec. 5, cl. 2.
        \75\ U.S. Const. amend. XIV, Sec. 3.
    ---------------------------------------------------------------------------
        In the Articles of Confederation, state legislatures were
    authorized to recall their delegates to Congress.\76\ However,
    no such provisions were incorporated into the U.S.
    Constitution. Some states have recall provisions that arguably
    may apply to Members of Congress because the scope of the
    recall of many provisions apply to all elected officials.
    Michigan specifically includes Members of Congress within the
    recall statute.\77\ In Arizona, candidates for the United
    States Senate or House of Representatives may file a pre-
    primary statement or pledge promising to resign if not re-
    elected in a recall vote.\78\ In Wisconsin, the qualified
    electors of any congressional district may petition for the
    recall of any elective officer.\79\
    ---------------------------------------------------------------------------
        \76\ Articles of Confederation, art. V.
        \77\ Mich. Comp. Laws Anno., Sec. Sec. 168.149, 168.149.
        \78\ Ariz. Rev. Stats., Sec. Sec. 19-221, 19-222.
        \79\ Wisc. Const., art. 13. Sec. 12.
    ---------------------------------------------------------------------------
        In Article I, section 5, clause 1, the Constitution
    provides that ``Each House shall be the judge of the elections,
    returns and qualifications of its own Members. . . .'' Also,
    under Article I, section 5, clause 2, each House of the
    Congress, and not the States, determines the rules of its
    proceedings, punishes its Members for disorderly behavior, and
    with the concurrence of two-thirds, expels a Member.
    Accordingly, states cannot judge the qualifications of Senators
    and Representatives as this is left to each respective House
    under Article I, section 5, clauses 1 and 2.\80\ States cannot
    prescribe qualifications for Members of Congress other than
    those set forth in the Constitution under Article I, section 2,
    clause 2 \81\ for United States Representatives and under
    Article I, section 3, clause 3 \82\ for United States Senators.
    Such constitutional provisions manifest three distinct
    qualifications for Members of Congress: age, citizenship, and
    inhabitancy. Such provisions have been construed by the courts
    as being exclusive and as setting the only qualifications that
    may validly be required for congressional candidates.
    ---------------------------------------------------------------------------
        \80\ Koegh v. Horner, 8 F. Supp. 933 (D. Ill. 1954), Burnchell v.
    State Board of Election Commissioners, 252 KY, 853, 68 S.W. 2d 427
    (1934); State ex rel. 25 Voters v. Selvig., 170 Minn. 406, 212 N.W. 604
    (1927).
        \81\ U.S. Const., art. I, Sec. 2, cl. 2: ``No person shall be a
    Representative who shall not have attained the Age of twenty-five Years
    and have been seven Years a Citizen of the United States, and who shall
    not, when elected, be an inhabitant of that State in which he shall be
    chosen.''
        \82\ U.S. Const., art. I, Sec. 3, cl. 3: ``No person shall be a
    Senator who shall not have attained to the Age of thirty Years, and
    been nine Years a Citizen of the United States, and who shall not, when
    elected, be an inhabitant of that State for which he shall be chosen.''
    ---------------------------------------------------------------------------
        The constitutional qualifications are paramount and
    exclusive, and state constitutions and laws can neither add to
    nor take away from them. In case of a conflict, provisions in
    the Federal Constitution prevail, so that mere possession of
    such qualifications prescribed in the Constitution makes one
    eligible for election to Congress.\83\ Thus, making a United
    States Senator or United States Representative subject to
    removal by a state recall election would constitute an
    additional qualification for office, which the states do not
    have the constitutional authority to enact. Under the Supremacy
    Clause of the Federal Constitution,\84\ the provisions of the
    U.S. Constitution prevail over state constitutional and
    statutory provisions. Also, United States Senators and
    Representatives are Federal and not state officers, and states
    cannot exercise the same jurisdiction over them as their own
    officers.\85\
    ---------------------------------------------------------------------------
        \83\ See generally, State ex rel. Chandler v. Howell, 104 Wash. 99,
    175 P. 569 (1918); State ex rel. Wettengel v. Zimmerman, 249 Wisc. 237,
    24 N.W. 2d 504, 508 (1946): Shub v. Simpson, 196 Md. 177, 76 A.2d 332
    (1950) Danielson v. Fitzsimmons, 232 Minn. 149, 44 N.W. 2d 484 (1950);
    Hellmann v. Collier, 217 Md. 93, 141 A.2d 908 (1958); Powell v.
    McCormack, 395 U.S. 486, 546-50 (1969).
        \84\ U.S. Const., art. VI.
        \85\ Danielson v. Fitzsimmons. 232 Minn. 149, 44 N.W. 2d 484
    (1950).
    ---------------------------------------------------------------------------
        In an unreported judicial decision of an Idaho state
    district court in October 1967, a suit was dismissed which
    attempted to compel the Secretary of State to accept petitions
    seeking the recall of a United States Senator from Idaho. The
    judge, in dismissing the suit, found that a state recall of a
    United States Senator would violate Article I, Section 5,
    clause 1 of the Constitution which provides that each House of
    Congress ``shall be the judge of the elections, returns and
    qualifications of its own members. . . .''

            J. The Issue of Term Limitations for Members of Congress

        Certain states, either by state statutory or constitutional
    provisions or by popularly enacted initiative measures, have
    limited the number of terms their legislators may hold office.
    When these states enact statutes or initiative measures
    attempting to limit the number of terms of their U.S.
    Representatives and U.S. Senators, serious constitutional
    problems are raised. Under Article I, sections 2 and 3 of the
    U.S. Constitution the specific qualifications of Members of the
    U.S. House of Representatives and the U.S. Senate are set
    forth. Article I, section 2 specifies the qualifications of
    Members of the House of Representatives--age 25, U.S.
    citizenship for 7 years, and inhabitancy in the state. Article
    I, section 3 specifies the qualifications for Members of the
    U.S. Senate--age 30, U.S. citizenship for 9 years, and
    inhabitancy in the state. These constitutional qualifications
    are defined and fixed by the U.S. Constitution and are thus
    unalterable by State statutes or initiative measures.\86\
    ---------------------------------------------------------------------------
        \86\ Alexander Hamilton observed that the qualifications of Members
    of Congress ``are defined and fixed in the Constitution, and are
    unalterable by the legislature.'' The Federalist, No. 60 (Modern
    Library ed. 1937), 394-95. Cf., The Federalist Papers 371 (Mentor ed.
    1961).
    ---------------------------------------------------------------------------
        The Framers of the U.S. Constitution at the Constitutional
    Convention of 1787 debated the issue of the qualifications for
    Representatives and Senators and arrived at the above-mentioned
    age, citizenship, and inhabitancy qualifications for
    eligibility for U.S. congressional office. In the drafting and
    the markup of the U.S. Constitution, the Convention delegates
    on June 12, 1787 in the Committee of the Whole rejected and
    expunged a clause forbidding reelection for several years to
    the House of Representatives.\87\ On June 23, 1787, the
    Convention delegates rejected a provision making Members of
    Congress ineligible for office for one year after the
    expiration of their terms.\88\ After considerable debate, the
    delegates also rejected the concept of rotation of Members of
    Congress \89\ similar to the rotation of the delegates to
    Congress under the Articles of Confederation.\90\ Consequently,
    it appears that the Framers of the U.S. Constitution did not
    intend term limitations for Members of Congress as they
    expressly rejected similar term limit concepts.
    ---------------------------------------------------------------------------
        \87\ C. Tansill, Documents. ``Debates in the Federal Constitution
    of 1787 as reported by James Madison'' at 195, 1091 (1927).
        \88\ Id. at 800-03.
        \89\ See, 2 Debates on the Adoption of the Federal Constitution, at
    288-298, 310-20 (J. Elliott) (1988).
        \90\ Under Article V, clause 2 of the Articles of Confederation,
    ``no person [Member] shall be capable of being a delegate for more than
    three years in any term of six years. . . .''
    ---------------------------------------------------------------------------
        Any change in the term limitations for Members of Congress
    can only occur by the passage and ratification of a
    constitutional amendment in accordance with Article V of the
    Constitution. Neither an act of Congress nor an act of a state
    by statute or initiative measure can change or add to the
    prescribed constitutional qualifications of Members of
    Congress. Only a U.S. constitutional amendment can change or
    add to such qualifications. The prescribed constitutional
    qualifications for Members of the House of Representatives and
    the Senate are paramount and exclusive qualifications which
    cannot be amended, changed, diminished, altered or added to by
    any state laws or constitutional provisions.\91\
    ---------------------------------------------------------------------------
        \91\ 1 Hinds' Precedents of the House of Representatives Sec. 414,
    at 382; 2 J. Story, Commentaries Sec. 625 at p. 1011.
    ---------------------------------------------------------------------------
        The Supreme Court in the 1969 landmark decision Powell v.
    McCormack held that the constitutional qualifications for
    Members of Congress under Article I, sections 2 and 3 were
    exclusive and that Congress could not add to them.\92\ The
    Court in Powell found that the House of Representatives had no
    power to exclude from its membership any person who was duly
    elected and who met the age, citizenship, and residence
    requirements of Article I, sections 2 and 3 of the
    Constitution. According to the Court, under the Constitution,
    Congress is authorized to judge the qualifications of its
    members, but not to prescribe the qualifications for Members of
    the U.S. House and Senate.\93\
    ---------------------------------------------------------------------------
        \92\ 395 U.S. 486, 543-47 (1969).
        \93\ 395 U.S. at 543 quoting Committee of Elections 17 Annals of
    Congress at 871-72 (1807).
    ---------------------------------------------------------------------------
        In 1995, the Supreme Court in U.S. Term Limits, Inc. v.
    Thornton concluded that a state-imposed limitation on
    congressional terms of office was unconstitutional because it
    established an additional qualification for congressional
    office in violation of Article I, sections 2 and 3, setting
    forth the three basic congressional qualifications of age,
    citizenship, and inhabitancy.\94\ The Court reaffirmed its
    holdings in Powell that the qualifications for service in
    Congress set forth in the Constitution are fixed and cannot be
    supplemented by the States nor by Congress. Changing these
    qualifications would require a constitutional amendment
    ratified by three-quarters of the States.\95\
    ---------------------------------------------------------------------------
        \94\ 514 U.S. 779 (1995).
        \95\ Id. at 787-798.
    ---------------------------------------------------------------------------
    =======================================================================

                                    PART VI

         DISQUALIFICATION, DEATH, OR INELIGIBILITY OF THE WINNER OF A
                             CONGRESSIONAL ELECTION

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

         DISQUALIFICATION, DEATH, OR INELIGIBILITY OF THE WINNER OF A
                           CONGRESSIONAL ELECTION \1\
    ---------------------------------------------------------------------------

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

                         A. INTRODUCTION AND BACKGROUND

        If a candidate who has been elected to the United States
    House of Representatives or the United States Senate
    subsequently dies (prior to taking the oath of office), or
    later acquires or has discovered a legal disability such that
    he or she is no longer eligible to serve or to be seated in the
    House or the Senate, then precedent and practice indicate that
    a ``vacancy'' in that office would be established. Such a
    vacancy would then be filled according to the United States
    Constitution.
        However, if a candidate dies prior to a general election
    for the House or Senate, but because of the imminence of the
    election the candidate's name remains on the ballot under State
    election law procedures, and that deceased candidate then
    receives the most votes in the election, should this be treated
    as other than a ``vacancy'' in the office which will occur at
    the beginning of the congressional session?
        As expressly provided in the United States Constitution, at
    Article I, Section 5, cl. 1, the House and the Senate each
    ``shall be the Judge of the Elections, Returns and
    Qualifications of its own Members . . . .'' In judging
    congressional elections, the overwhelming weight of precedent
    in both the House and the Senate has been to follow the so-
    called ``American Rule,'' whereby an absolute disability or
    ineligibility of a candidate receiving the most votes in an
    election (the ``majority candidate'') creates a ``vacancy'' in
    the office, which is then filled according to the Constitution.
    The next highest qualified vote-getter in such an election is
    not deemed by the House or Senate to be entitled to the seat
    under this ``American Rule'' (unlike under the so-called
    ``British Rule''), nor is the entire election considered a
    ``nullity'' (such that a new election or ``do-over'' must
    proceed immediately).\2\ Under congressional precedent and
    practice, it has not mattered whether the majority candidate
    was actually ineligible or not qualified before or after the
    time of the election, or whether the voters knew of such
    ineligibility, death or disqualification before or at the time
    of the election--the ``vacancy'' was deemed created, and filled
    in the manner prescribed in the United States Constitution.
    ---------------------------------------------------------------------------
        \2\ Riddick and Fruman, Riddick's Senate Procedure, Precedents and
    Practice, S. Doc. No. 101-28, 101st Cong., 2d Sess. 701 (1992); 2
    Deschler's Precedents of the U.S. House of Representatives, Ch. 7,
    Sec. 9, at 96; see discussion of ``American Rule'' versus ``English
    Rule,'' in Smith v. Brown (40th Cong.), Rowell's Digest of Contested
    Election Cases, 220-221.
    ---------------------------------------------------------------------------
        As to vacancies in the United States Senate, the
    Seventeenth Amendment to the Constitution provides that when
    there are vacancies in the representation of any State in the
    Senate, the Governor of the State ``shall issue writs of
    election to fill such vacancies''; however, in the alternative,
    if expressly authorized by that State's legislature, Governors
    may make ``temporary appointments'' to fill a Senate seat until
    an election is held to fill the remainder of the term, as
    directed by State law.\3\ In the case of vacancies in the House
    of Representatives, the Constitution does not authorize the
    Governor of a State to fill a seat on an interim basis, but
    rather instructs only that ``Writs of Election'' for a special
    election shall be issued by the Governor.\4\ The timing of the
    election to fill vacancies for Representative or Delegate, and
    thus how long the vacancy will continue, is generally within
    the discretion of the individual States as a matter of State
    law.\5\
    ---------------------------------------------------------------------------
        \3\ United States Constitution, Amendment 17. ``A vacancy in the
    Senate may be filled either by a writ of election or by state executive
    appointment under the Seventeenth Amendment.'' Deschler's Precedents,
    supra at Ch. 8, Sec. 9, at 250.
        \4\ Article I, Section 2, cl. 4. For a general discussion on the
    process of filling House and Senate vacancies, see Neale, ``House and
    Senate Vacancies: How Are They Filled?'' CRS Report 97-1009.
        \5\ 2 U.S.C. Sec. 8. See Jackson v. Ogilvie, 426 F.2d 1333 (8th
    Cir. 1970), cert. denied, 400 U.S. 833 (1970), on mandatory duty of
    Governor to issue writ of election.
    ---------------------------------------------------------------------------
        On the several occasions of the death of a candidate for
    the United States House of Representatives so close to the
    election that a new candidate could not qualify in time to be
    printed on the general election ballot under applicable State
    election administration laws--and that deceased candidate
    subsequently received the most votes in the election (or when
    the majority candidate on the ballot was otherwise
    constitutionally ineligible for the office)--the so-called
    ``American Rule'' was applied. That is, the receipt of the most
    votes by the deceased or otherwise ineligible candidate on the
    ballot was deemed to have created a vacancy in the office of
    Representative, which was then filled as prescribed under the
    United States Constitution for vacancies in House seats, that
    is, through the issuance of ``writs of election'' for a special
    election. Representatives Hale Boggs (Louisiana) and Nick
    Begich (Alaska) were lost and presumed dead in an airplane
    crash in Alaska on October 16, 1972, less than a month before
    their general elections. Under State election procedures, their
    names remained on the ballot, and they received the most votes
    in their respective general elections, whereupon vacancies were
    declared, and special elections to fill the vacancies were
    held.\6\ The living candidate with the next highest vote total,
    that is, the ``runner-up'' in the regular general election on
    the ballot, or from write-ins (Representative Boggs was
    unopposed), was not declared the winner. On October 7, 1962,
    Representative Clement Miller of California died also in a
    plane crash shortly before the 1962 general congressional
    election. As reported, ``[u]nder California law, it was too
    late for the Democratic party to place a new nominee on the
    ballot for the November 6 election,'' and Representative
    Miller's name remained on the ballot.\7\ When he received the
    most votes, a ``vacancy'' was declared in the seat, and filled
    according to the Constitution.
    ---------------------------------------------------------------------------
        \6\ Washington Post, November 9, 1972, at A25; Washington Star,
    December 7, 1972, at A16; Washington Post, December 8, 1972, at A7; New
    York Times, December 13, 1972, at 48; 2 Deschler's Precedents, Ch. 8,
    Sec. 9.5; Congressional Quarterly, Congress and the Nation, Volume III,
    1969-1972, at 24. A ``vacancy'' is generally announced by the executive
    of a State, as incident to the procedures for issuing writs of election
    for a special election, but may, where appropriate, be formally
    announced by the House with notification sent to the Governor.
    Deschler's Precedents, supra at Ch. 8, Sec. 9.
        \7\ 1962 Congressional Quarterly Almanac 25-26.
    ---------------------------------------------------------------------------
        Similarly, in the one instance in the Senate when a
    candidate who had qualified for the ballot as a major party
    candidate for the Senate died prior to the time of the general
    election, but after the time established by State law for
    finalization of the ballot, and who then received the most
    votes in the election, a ``vacancy'' in the office of United
    States Senator was deemed to have occurred in that State, and
    such vacancy was filled as prescribed in the United States
    Constitution and State law, that is, by an interim appointment
    by the Governor. Former Governor Mel Carnahan of Missouri, the
    Democratic nominee for Senator, died in a plane crash on
    October 16, 2000, three weeks before the general election.
    Under Missouri election law, the names of deceased candidates
    remain on the ballot if they die so close to the election that
    the filing deadline, or the time for political parties to
    submit substitute candidates, has passed.\8\ The Missouri
    statute then states expressly what is understood as the so-
    called ``American Rule,'' that is, ``if a sufficient number of
    votes are cast for the deceased candidate to entitle the
    candidate to . . . election had the candidate not died, a
    vacancy shall exist . . . in the office to be filled in the
    manner provided by law.'' \9\ The acting Missouri Governor had
    indicated after the candidate's death that if the deceased
    candidate received the most votes, the Governor intended to
    appoint the candidate's wife, Jean Carnahan, to fill the
    vacancy such election result would create.\10\ After the
    Missouri Board of Canvassers certified that the deceased
    candidate, Mr. Carnahan, had in fact received the most votes in
    the election, the Governor formally announced on December 4,
    2000, that he was appointing, effective January 3, 2001, the
    deceased candidate's widow, Mrs. Jean Carnahan, to fill the
    vacant seat until the next general election for the remainder
    of the term.\11\ The credentials of the Governor's appointee,
    Mrs. Carnahan, were accepted by the Senate, and she was given
    the oath of office and seated without objection in the Senate
    on January 3, 2001.\12\
    ---------------------------------------------------------------------------
        \8\ Annotated Missouri Statutes, Sec. Sec. 115.379; 115.363, para.
    3. A political party may submit a substitute party candidate for the
    deceased candidate if the original nominee dies ``at or before 5:00
    p.m. on the fourth Tuesday prior to the general election.''
    Sec. 115.363, para. 3(1).
        \9\ Annotated Missouri Statutes, Sec. 115.379, para. 1.
        \10\ See Washington Post, October 31, 2000, at A1.
        \11\ Washington Post, December 6, 2000, at A6. See Annotated
    Missouri Statutes, Sec. 105.040.
        \12\ Congressional Record, January 3, 2001, at S 3 (daily edition),
    credentials accepted; Id. at S 5 (daily edition), oath of office given
    and Member-elect seated without objection.
    ---------------------------------------------------------------------------

    B. ISSUES RAISED CONCERNING DECEASED CANDIDATE ON THE BALLOT, AND SUCH
                       CANDIDATE RECEIVING THE MOST VOTES

        During the most recent case of the 2000 Senate race in
    Missouri, there were arguments raised in certain quarters that
    it was in some way unconstitutional for the State to allow the
    name of a deceased candidate to remain on the ballot for United
    States Senator, regardless of the timing of the candidate's
    demise in relation to the election; and that because the
    deceased candidate on the ballot could not actually hold the
    office of United States Senator (being deceased, he was not an
    ``inhabitant'' of the State as required by Article I, Section
    3, cl. 3), that either the election in which the deceased
    candidate received the most votes should be ignored or set
    aside and a new election held immediately, or that the minority
    candidate, as being the qualified candidate who received the
    most votes, should win.\13\
    ---------------------------------------------------------------------------
        \13\ Brooks Jackson/CNN, ``Republicans Could Block Carnahan's Widow
    if She Wins Senate Seat,'' October 31, 2000 (CNN.Com); Robert Novack,
    Chicago Sun-Times, October 30, 2000, at 33: ``[A] national GOP leader
    told me flatly: `Jean Carnahan will never be seated in the U.S. Senate'
    ''; Kevin Murphy, Kansas City Star, ``GOP Denies Plan to Challenge a
    Carnahan Election,'' November 01, 2000; David Thibault, CNSNews.com,
    ``Constitution Party Will Challenge Carnahan Election in Missouri,''
    November 9, 2000.
    ---------------------------------------------------------------------------
        These arguments, in the first instance, would appear to
    call into question the viability and constitutionality of a
    State's authority to set a specific deadline for finalizing the
    ballot, that is, a certain time or date prior to the day of an
    election, after which the ballot for that election could not be
    changed to add, remove or substitute the names of candidates.
    Secondly, these arguments would appear to press the so-called
    ``British Rule'' upon the Senate in judging the elections and
    qualifications of its Members, whereby the will of the
    plurality or majority of the voters of the State would be
    disregarded either by acting as if the election did not occur,
    or by not counting the votes cast for the deceased or otherwise
    ineligible candidate and seating the minority candidate.
        Finally, certain arguments were forwarded that even if it
    had not been improper to allow the deceased candidate's name to
    remain on the ballot when the death of the candidate occurred
    in such proximity to the election, the State should not be
    allowed to treat as a ``prospective vacancy'' the death of the
    candidate who remains on the ballot. Under such argument, if
    the deceased candidate received the most votes, the Governor
    would not be able to make a temporary appointment to fill the
    ``vacant'' seat under the Seventeenth Amendment, even if
    expressly authorized under the laws of the State as
    specifically provided for in the Seventeenth Amendment, but
    rather could only issue writs of election for a special
    election to fill vacancies in the office of United States
    Senator which occur by virtue of the election of a disqualified
    candidate.\14\
    ---------------------------------------------------------------------------
        \14\ Viet D. Dinh, ``Dead Men Can't Win,'' The Wall Street Journal,
    November 9, 2000, at A26.
    ---------------------------------------------------------------------------

          C. STATE AUTHORITY OVER ELECTION PROCEDURES, ADMINISTRATION

        As to a State's authority to establish a deadline where the
    ballot is ``fixed'' such that no new or substitute candidates
    could be added immediately prior to an election, it should be
    noted initially that a division of jurisdiction under our
    federal system occurs in the case of elections to federal
    office. In the first instance, the terms of federal offices and
    the qualifications of candidates eligible for federal offices
    are established and fixed by the agreement of the States within
    the instrument which created those federal offices, that is,
    the United States Constitution, and are unalterable by the
    Congress or by any State unilaterally.\15\ The Constitution
    expressly provides, however, that the individual States
    generally have the authority to administer elections, even ones
    for federal congressional office,\16\ while at the same time
    expressly providing that each House of Congress has the
    authority to be the final judge of the results of those
    elections.\17\ Furthermore, the Constitution expressly provides
    that each House of Congress is to be the judge of the three
    constitutional qualifications for office of the Members-elect
    in those elections, that is, the age, citizenship and
    inhabitancy in the State of the Members-elect.
    ---------------------------------------------------------------------------
        \15\ Powell v. McCormack, 395 U.S. 486 (1969); U.S. Term Limits,
    Inc. v. Thornton, 514 U.S. 779 (1995); Cook v. Gralike, 531 U.S. 510
    (2001).
        \16\ Article I, Section 4, cl. 1: ``The Times, Places and Manner of
    holding Elections for Senators and Representatives, shall be prescribed
    in each State by the Legislature thereof; but the Congress may at any
    time by Law make or alter such Regulations, except as to the Places of
    chusing Senators.''
        \17\ Article I, Section 5, cl. 1: ``Each House shall be the Judge
    of the Elections, Returns and Qualifications of its own Members. . .
    .''
    ---------------------------------------------------------------------------
        Under the States' ``Times, Places and Manner'' authority in
    the Constitution, the States may promulgate regulatory and
    administrative provisions over the mechanics and procedures
    even for federal elections within their States regarding such
    things as forms of the ballots, ``ballot access'' by candidates
    (including new party or independent candidates), voting
    procedures, and the nominating and electoral process generally,
    to prevent election fraud, voter confusion, ballot
    overcrowding, the proliferation of frivolous candidates, and to
    facilitate proper election administration.\18\ Legitimate
    ``ballot access'' procedures, including filing requirements,
    filing deadlines, a show of qualifying support by new or minor
    party or independent candidates, ``sore loser'' laws and other
    restrictions on cross-filing, are generally within the State's
    purview to ``regulate[ ] election procedures'' to serve the
    State interest of ``protecting the integrity and regularity of
    the election process. . . .,'' and are not impermissible
    additional qualifications for federal office.\19\
    ---------------------------------------------------------------------------
        \18\ Storer v. Brown, 415 U.S. 724 (1974); Jenness v. Fortson, 403
    U.S. 431 (1971); Bullock v. Carter, 405 U.S. 134, 145 (1972); Williams
    v. Tucker, 382 F. Supp. 381, 387-388 (M.D.Pa. 1974). Requirements for
    ``ballot access,'' in addition to the requirement that they impose no
    substantive, new qualifications to federal office, must not violate
    equal protection provisions of the Constitution by impermissibly
    discriminating against new or independent candidates, nor impermissibly
    infringe upon First Amendment rights of voters to associate freely and
    express their political opinions through support of their chosen
    candidates.
        \19\ See U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779, 832-835
    (1995), comparing legitimate ``ballot access'' provisions as in Storer
    v. Brown, supra, with impermissible additional qualifications for
    federal office, such as individual State-imposed term limits.
    ---------------------------------------------------------------------------
        As part of these administrative duties involving ballot
    access, preparation and printing of the ballots, a State must
    by necessity, because of the exigencies of time and duties,
    limit or establish a time-frame or deadline by which the ballot
    must be ``set'' or finalized, that is, a reasonable time before
    the general or primary election when no more candidates may be
    placed on the ballot or programmed into the voting machines.
    Courts have noted that States have a ``compelling interest'' in
    setting deadlines and in finalizing the ballot ``so that
    general election ballots can be properly and timely prepared
    and distributed.'' \20\ One of the consequences of not having a
    ``set'' ballot at some reasonable point prior to an election
    (and of allowing last-minute changes in the candidates on the
    printed ballot and on voting machines), would be the
    disenfranchisement of military and other absentee voters, since
    such last-minute changes would not allow sufficient time before
    election day to prepare, print, mail out and then to receive
    back by mail new absentee ballots with such changes.
    ---------------------------------------------------------------------------
        \20\ Whig Party of Alabama v. Siegelman, 500 F. Supp. 1195, 1205
    (D.C. Ala. 1980). These deadlines may not be unreasonable and
    discriminate unfairly in favor of major party candidates over minor or
    new parties or independent candidates.
    ---------------------------------------------------------------------------
        As found by one federal court, with an election a ``mere
    five weeks away'' even if plaintiffs had prevailed on the
    merits of their arguments against their exclusion from the
    ballot, the court would have still refused to require the State
    to change its ballots by including petitioners' names, since
    the court recognized the overriding administrative necessities
    of deadlines to insure ``time available for election officials
    to complete their election preparations'' before the
    election.\21\ The court noted the ``risk [of] substantial
    disruption of the electoral process'' that could ensue by
    changing a ballot after the State-established administrative
    deadline for finalization of those ballots, and noted the
    ``tight schedule'' of election officials, and the myriad duties
    and responsibilities that are valid administrative reasons for
    reasonable deadlines for finalizing ballots:
    ---------------------------------------------------------------------------
        \21\ Maddox v. Wrightson, 421 F. Supp. 1249, 1252 (D.C. Del. 1976).

            Last minute voter registration, processing of many
            absentee ballot requests, supervising the printing of
            voting machine ballots, sample ballots, tally sheets,
            and instruction sheets, instruction classes for
            election judges and clerks [footnote: mailing of
            absentee ballots and classes for election judges and
            clerks have already begun], final preparation of voter
            lists and signature cards, and distribution of voting
            machines and supplies remain to be accomplished before
            [the] November [election].\22\
    ---------------------------------------------------------------------------
        \22\ Id. at 1252.

        Courts have thus been loathe to require or allow parties to
    force changes to ballots close to an election, that is, at the
    ``eleventh hour,'' with an election ``close at hand,'' or with
    ``the imminence of election,'' because of ``the potential for
    seriously disrupting the State's electoral process.'' \23\ With
    an election ``less than three weeks away,'' a federal court
    refused to require the changing of a ballot to add petitioners'
    names, even on a strong First Amendment showing by petitioners,
    since ``much of the ballot and voting machine preparation'' had
    already taken place, and there needed to be a balancing and a
    proper weight given to the State's needs and interests in an
    ``orderly'' election, including the prevention of the
    ``possible disenfranchisement of absentee and military voters
    caused by eleventh hour changes to the ballot.'' \24\ Justice
    Marshall, on circuit, turned down on October 1 a request to
    order names to be printed on a ballot for an upcoming November
    election citing, among other reasons, the State's concern for
    the potential ``chaotic and disruptive effect upon the
    electoral process,'' since the ``Presidential and overseas
    ballots have already been printed; some have been distributed.
    The general absentee ballots are currently being printed.''
    \25\
    ---------------------------------------------------------------------------
        \23\ NAACP v. New York, 413 U.S. 345, 369 (1973); Valenti v.
    Mitchell, 962 F.2d 288 (3rd Cir. 1992); Smith v. Board of
    Elections, 586 F. Supp. 309, 312 (N.D. Ill. 1984).
        \24\ Valenti v. Mitchell, supra at 301.
        \25\ Fishman v. Schaffer, 429 U.S. 1325, 1330 (1976). The State
    election procedure in question provided a filing deadline for petitions
    of nine weeks before an election.
    ---------------------------------------------------------------------------
        The length of time before the election of a deadline which
    fixes the ballot, in relation to the administrative tasks that
    must be accomplished during that time, is generally relevant in
    judging the reasonableness and necessity of such deadline. The
    courts have noted that overly long deadlines for the filing of
    petitions by candidates, such as March or April deadlines for a
    November election, may not be of such a necessity as to
    overcome Fourteenth Amendment and First Amendment complaints of
    unfair treatment of supporters of those candidates who must
    file petitions to gain ballot access (as opposed to nominated
    party candidates who had much later deadlines).\26\ In the
    context of a deceased candidate, it is conceivable or at least
    arguable, that an issue of this nature could arise, for
    example, if a deceased Senatorial candidate whose name remains
    on the ballot is of a different political party from that of
    the Governor of the State, and if there is an unusually long
    period of time before the general election when the ballot is
    ``fixed'' by State law. In such a situation voters affiliated
    with the deceased candidate's party might argue that they have
    no choice on the ballot to select someone of their own
    political persuasion for Senator, at least for the
    ``temporary'' period before the next election to fill the term.
    That is, just as a vote for the other candidate on the ballot
    is a vote for someone from the other party, a vote for the
    deceased candidate of their own party may also be choosing
    someone from the other party, since the Governor would most
    likely appoint someone from his own political party to fill the
    ``vacancy.'' There may in such cases be a need to balance the
    constitutional rights and interests of voters and supporters of
    the political party of the deceased candidate,\27\ with the
    right of the State to finalize its ballot for administrative
    purposes and the reasonableness and necessity of those time
    deadlines to perform such administrative duties as printing and
    distribution of ballots, including absentee and overseas
    ballots, preparing and programing voting machines, preparing
    voter instructions and sample ballots, and training of poll
    workers and officials.\28\
    ---------------------------------------------------------------------------
        \26\ Anderson v. Celebrezze, 460 U.S. 780 (1983) (Ohio filing
    deadline in March for independent candidates not justified by State
    administrative need for so much time to verify petition signatures);
    New Alliance Party of Alabama v. Hand, 933 F.2d 1568, 1574
    (11th Cir. 1991) (April deadline for new and minor party
    candidates not justified as ``. . . evidence tends to show that the
    State would be able to place the name of a candidate on the ballot at a
    fairly late date without unduly impairing the administrative task of
    printing the ballot . . . .''); McCarthy v. Kirkpatrick, 420 F. Supp.
    366, 374 (W.D. Mo. 1976), deadline of 188 days before election for
    independent candidates to file petitions was too long, as State of
    Missouri could conceivably add or take names off ballot as late as
    September for a November election; McCarthy v. Austin, 423 F. Supp.
    990, 999 (W.D. Mich. 1976), ordering the placement of a name on the
    ballot on August 27 would not ``seriously disrupt [State] preparations
    for the general election'' in November.
        \27\ Note, e.g., arguments of supporters of minor party candidates
    left off ballot in Williams v. Rhodes, 393 U.S. 23 (1968).
        \28\ Such constitutional considerations were not present in the
    case of the 2000 Missouri Senate race, however, as the Governor was of
    the same political party as the deceased candidate and indicated that
    he would appoint a member of that party (the candidate's spouse) if the
    deceased candidate received the most votes.
    ---------------------------------------------------------------------------
        In sum, there has been found no legal or constitutional
    problem with a State ``finalizing'' its ballot and refusing to
    add, substitute or withdraw names from the ballot within a
    ``reasonable'' time-frame in proximity to an election. Such
    ballot deadlines are not only common in the States, but are
    seen as absolute administrative necessities for fairness and
    orderly elections, and for the prevention of disenfranchisement
    of military and other absentee voters, all of which the courts
    have recognized as compelling State interests. Unfortunately,
    it is therefore not unprecedented nor uncommon for a candidate
    to die in such proximity to an election that the ballots have
    already been finalized, and to have that deceased candidate's
    name remain on the ballot for the election. Under the majority
    ``American Rule,'' recognized and followed by both the House
    and the Senate for judging the elections of their Members, as
    well as most of the States for their own non-federal
    offices,\29\ votes for the deceased candidate are not illegal,
    improper, ``thrown away,'' or otherwise deemed to be nullities,
    nor is the election considered a non-event, but rather, if the
    deceased candidate receives the most votes, such expression is
    considered indicative that the majority or plurality of the
    voters favored the creation of a temporary ``vacancy'' in the
    office, to be filled according to the Constitution and the laws
    of the State.
    ---------------------------------------------------------------------------
        \29\ 133 ALR 319, 321, ``Deceased or disqualified person, result of
    election as affected by votes cast for''; see, e.g., Evans v. State
    Election Board, 804 P.2d 1125 (Okla. 1990), citing, among other
    supporting cases: Petition of Keogh-Dwyer, 256 A.2d 314, 318 (N.J.
    1969); Jackson v. County Court, 166 S.E.2d 554 (W.Va. 1969); Saunders
    v. Haynes, 13 Ca. 145 (1859); Derringe v. Donovan, 162 A. 439, 441 (Pa.
    1932); Ingersoll v. Lamb, 333 P.2d 982 (Nev. 1959); Tellez v. Superior
    Court, 450 P.2d 106 (Ariz. 1969); Banks v. Zippert, 470 So.2d 1147
    (Ala. 1985).
    ---------------------------------------------------------------------------
        The issue, in an imminent federal election, concerning the
    remaining on the ballot of the name of a deceased candidate is
    clearly not whether the candidate who has died is, or is not
    now, ``qualified'' to ``be a Senator'' under Article I, Section
    3, clause 3, or a Representative under Article I, Section 2,
    clause 2 of the United States Constitution. Obviously, the
    deceased candidate could not and will not serve in or hold the
    office to which he or she had aspired while alive; nor has it
    ever been suggested that a State intended to issue
    ``credentials'' to the deceased candidate from the State to
    present the issue of ``qualifications'' to the House or Senate
    in an effort to seat the deceased candidate. As far as the
    State's participation in the process is concerned, however, the
    candidate was qualified (as certified) when placed on the
    ballot, no timely contests were filed to challenge the
    candidate's qualifications and ballot access at that time, and
    the deadline established by State law for finalizing the
    ballots or for substituting candidates on the ballot by
    political parties had passed. In this context, the issue of
    ``qualifications'' for a candidate receiving the most votes in
    a congressional election would arise at the time a Member-
    elect, with credentials from the State (as a result of either a
    special election or an interim appointment in the case of a
    Senator-elect), presents himself or herself to the House or to
    the Senate for being sworn in and seated to fill the vacancy
    created by the death of the original majority candidate in the
    general election.\30\
    ---------------------------------------------------------------------------
        \30\ ``[E]lection does not, of itself, constitute membership. . .
    .'' Deschler's Precedents, supra at Ch. 9, Sec. 47, p. 481. ``. . .
    Neither do election and return create membership. . . . [A] person may
    be selected by the people, destitute of certain qualifications, without
    which he cannot be admitted to a seat.'' Deschler's Precedents, id.,
    citing Hammond v. Herrick, 1 Hinds' Precedents Sec. 499.
    ---------------------------------------------------------------------------

              D. SENATE AND HOUSE DECISIONS ON ``QUALIFICATIONS''

        As noted, while the States administer federal elections,
    including such administrative, housekeeping, and procedural
    matters as ballot access and placement on the ballot, the
    question of the qualifications of a candidate for the United
    States Congress is decided, in the first instance exclusively
    as provided for in the United States Constitution, and then, as
    to whether a person has met such constitutional qualifications,
    by each House of Congress judging the elections, returns and
    qualifications of its own Members.\31\ Although there had been
    in the history of our country some debate over the nature of
    the authority of Congress to judge general ``qualifications''
    and/or suitability of a Member-elect for office, the extent of
    the authority to exclude a Member-elect by majority vote based
    on the Member-elect's ``qualifications,'' was expressly and
    narrowly delineated by the Supreme Court in 1969 in Powell v.
    McCormack.\32\ The Supreme Court in that case clearly stated
    that ``in judging the qualifications of its members Congress is
    limited to the standing qualifications prescribed in the
    Constitution,'' \33\ that is, the Member-elect's age,
    citizenship, and inhabitancy in the State from where
    elected.\34\ The Court noted that the House is ``without
    authority to exclude any person, duly elected by his
    constituents, who meets all the requirements for membership
    expressly prescribed in the Constitution.'' \35\
    ---------------------------------------------------------------------------
        \31\ Constitution, Article I, Section 5, cl. 1
        \32\ 395 U.S. 486 (1969).
        \33\ Id. at 550.
        \34\ Article I, Section 2, clause 2 (Representatives); Article I,
    Section 3, clause 3 (Senators).
        \35\ Powell v. McCormack, supra at 522.
    ---------------------------------------------------------------------------
        Modern decisions in the House or Senate on determining
    ``qualifications'' are fairly rare, in part because of the
    clarification by the Supreme Court in Powell v. McCormack
    delineating Congress' authority in judging qualifications to
    judge only the three express constitutional ``qualifications''
    for office,\36\ and because modern communications and media
    coverage make it more likely that an actual disqualifying
    condition (such as a candidate's age or lack of citizenship)
    would be revealed before nominations by a major political party
    are made. It should be noted that an appointment by the
    Governor of California under the Seventeenth Amendment and the
    laws of California was challenged in 1964 on the basis of
    ``qualifications'' of the appointee, Pierre Salinger. Under the
    laws of the State of California one needed to be a ``qualified
    elector'' to be a candidate for United States Senate, which
    would have required one to have resided in the State for a
    particular amount of time. Some Senators argued that Salinger
    was not qualified to be chosen to fill the unexpired term of a
    Senator from California because, under the laws of the State of
    California, he had not resided in California long enough to
    meet the State's qualifications of being an ``elector,'' as
    required by State law for candidacy.\37\ The Senate found, in
    accordance with the findings of the Privileges and Elections
    Subcommittee of the Committee on Rules, however, that such a
    State law would have force and effect only as to State and
    local offices, and could not disqualify one from being chosen
    as a United States Senator. State provisions cannot bind the
    Senate in determining the constitutional qualifications for
    office of those presenting credentials for seating, nor can
    State law add a ``durational'' residency requirement to the
    inhabitancy qualification for Senator set out in the United
    States Constitution--that is, to be an ``inhabitant'' of the
    State ``when elected.'' \38\
    ---------------------------------------------------------------------------
        \36\ The precedents of both the House and Senate pre-dating 1969,
    where a Member-elect's ``character'' or pre-election ``conduct'' was
    examined in judging ``qualifications'' to office, are thus of limited
    relevance to modern congressional practice and constitutional
    interpretation. Deschler's Precedents, supra at Ch. 7, Sec. 9, at 98.
        \37\ See discussion in election case of Pierre E.G. Salinger, Case
    134, United States Senate Election, Expulsion, and Censure Cases, 1793-
    1990, Senate Doc. 103-33, at 413 (1995); S. Rpt. 1381, 88th Cong., 2d
    Sess. (1964).
        \38\ S. Rpt. 1381, supra at 4-6.
    ---------------------------------------------------------------------------
        In the Senate, there has since the adoption of the
    Seventeenth Amendment been one other case (in addition to the
    2000 Missouri election) in which an ineligible candidate was on
    the ballot, and then received the most votes in the election.
    In that instance, the Senate candidate receiving the most votes
    was not yet eligible to serve in the Senate at the time he was
    on the ballot for the general election, nor at the time of the
    beginning of the new congressional session, because he was only
    29 years of age. The Senate found that since the issue of
    ``qualifications'' arises when the candidate or Member-elect
    presents his credentials to the Senate for seating, the Senate
    could and did allow the candidate/Member-elect to delay
    presenting his credentials until the time he was 30 years old,
    and thus qualified.\39\ The precedents in the House similarly
    indicate that the issue of qualifications would arise at the
    time a Member-elect presents his or her credentials for
    seating, generally at the commencement of the session, and that
    the Member-elect would have to meet the ``age'' and
    ``citizenship'' requirements at that time (but must meet the
    ``inhabitancy'' requirement at the time of the election, that
    is, ``when elected''). The House has in the past also allowed a
    Member-elect to defer taking the oath of office until the
    beginning of the second session of the Congress (even though
    Congress was called into session earlier by a Presidential
    proclamation), at which time the Member-elect had met the
    seven-year citizenship requirement, notwithstanding the fact
    that he was ``ineligible,'' that is, he was not a citizen for
    seven years at the time he was on the ballot and elected in the
    November congressional election, nor at the beginning of the
    first session of the new Congress.\40\ The House earlier, in
    1859, had apparently also allowed a Member-elect, Mr. John Y.
    Brown of Kentucky, to defer taking the oath of office beyond
    the opening of the Congress, until the beginning of the next
    session in December of 1860, at which time Mr. Brown met the
    constitutional age requirement.\41\
    ---------------------------------------------------------------------------
        \39\ Hatfield v. Holt, Case No. 119, Election, Expulsion and
    Censure Cases, supra at 360.
        \40\ In re Ellenbogen (1934), Deschler's Precedents, supra at Ch.
    9, Sec. 47, pp. 479-482.
        \41\ 1 Hinds' Precedents of the House of Representatives Sec. 418,
    pp. 389-390.
    ---------------------------------------------------------------------------

           E. JUDGING ELECTIONS IN CONGRESS AND THE ``AMERICAN RULE''

        As expressly provided in the Constitution, the House or the
    Senate as an institution, in addition to judging
    ``qualifications'' of its Members, is empowered to examine the
    ``elections'' and ``returns'' of its own Members beyond a
    limited examination of a Member-elect's three constitutional
    ``qualifications.'' That is, as stated by the Supreme Court,
    each House may inquire and judge as to whether a member-elect
    was ``duly elected by his constituents.'' \42\ The Supreme
    Court in Roudebush v. Hartke, affirmed the Senate's authority
    to be the final judge of the elections and returns of its own
    Members, and expressly recognized the constitutional authority
    for ``an independent evaluation by the Senate'' of an election
    and the election returns for the United States Senate: ``The
    Senate is free to accept or reject the apparent winner in
    either count [original or recount], and, if it chooses, to
    conduct its own recount.'' \43\
    ---------------------------------------------------------------------------
        \42\ Powell v. McCormack, supra at 522.
        \43\ 405 U.S. 15, 25-26 (1972). See also Barry v. United States ex
    rel. Cunningham, 279 U.S. 597, 614, (1929), concerning the
    ``jurisdiction of the Senate to determine the rightfulness of the claim
    [to a Senate seat] . . . and its power to adjudicate such right. . .
    .''
    ---------------------------------------------------------------------------
        Given the express textual commitment within the
    Constitution to each House of Congress to be the judge of its
    own Members' elections, the congressional precedent and
    practice in this area, although not technically binding on a
    future Congress, is of primary importance.\44\ Furthermore,
    given this express textual commitment within the Constitution,
    it is not surprising that there is no apparent judicial
    authority on the question of whether Congress should seat the
    next-highest vote-getter when the majority candidate is
    ineligible, dead, or otherwise disqualified, or declare the
    election a ``non-event'' and require an immediate ``do-over,''
    since it is not at all clear that the federal courts, absent
    any apparent violation of another express constitutional
    provision, would have entertained challenges to review
    congressional determinations on the elections of their own
    Members.\45\
    ---------------------------------------------------------------------------
        \44\ Brown, House Practice, ``Rules and Precedents of the House,''
    Sec. 2, at p. 809: ``On the theory that a government of laws is
    preferable to a government of men, the House has repeatedly recognized
    the importance of following its precedents and obeying its well-
    established procedural rules.''
        \45\ ``The Senate [has the] sole authority under the Constitution
    to judge of the elections, returns and qualifications of its members .
    . .'' and ``to render a judgment which is beyond the authority of any
    other tribunal to review.'' Barry v. Cunningham, 279 U.S. 587, 613, 619
    (1929); Reed v. County Commissioners, 277 U.S. 376, 388 (1928); Keogh
    v. Horner, 8 F. Supp. 933, 935 (S.D. Ill. 1934). See also, generally,
    Baker v. Carr, 369 U.S. 186, 210 (1962), as to ``nonjusticiability'' of
    a political question under the separation of powers doctrine where
    there is ``found a textually demonstrable constitutional commitment of
    the issue to a coordinate political department. . . .''
    ---------------------------------------------------------------------------
        The practice and experience in both the House and the
    Senate on elections of ``ineligible'' candidates is clear, and
    is remarkably consistent given the great potential for partisan
    division on this issue when it arises with respect to a
    particular Member-elect. The overwhelming weight of authority
    in both the Senate and the House, as well as the express
    statements of official Senate and House procedural and
    parliamentary guides, clearly indicate that the ineligibility
    of the majority candidate in a congressional election, whether
    because of death, disability or other incapacity before or
    after the election, gives no title or right to the office to
    the runner-up candidate, but rather merely creates a
    ``vacancy'' in the office from that State.\46\ This has been
    the case whether or not the law of the particular State in
    which the election was held would have, under express State law
    or practice, given the election to the runner-up. In the
    Indiana election case of Lowery v. White in the Fiftieth
    Congress, notwithstanding the fact that Indiana law at that
    time followed the minority ``English Rule'' and would have
    awarded the election to the runner-up if the majority candidate
    was ineligible, the majority of the Committee on Elections
    found that the clear and long line of congressional precedent
    follows the so-called ``American Rule,'' and that despite the
    State law the runner-up is not entitled to a congressional seat
    upon the disqualification of the majority candidate.\47\
    ---------------------------------------------------------------------------
        \46\ Riddick's Senate Procedure, Precedents and Practices, supra at
    701; Deschler's Precedents, supra at Ch. 7, Sec. 9, p. 96. For the
    opposite and minority conclusion in the House of Representatives, see
    Lawson v. Owen, H.R. Rpt. No. 968, 71st Cong., 2d Sess. (1930),
    Deschlers' Precedents, supra at Ch. 9, App., pp. 862-863. The
    recognition of the so-called ``British Rule'' by the majority of the
    Committee on Elections was not, however, dispositive nor relevant to
    the final decision of the Committee, nor expressly approved by the
    House in this case, as the majority candidate was found to possess the
    requisite citizenship qualifications and was seated.
        \47\ Rowell's Digest, supra at 426-427; 1 Hinds' Precedents, supra
    at Sec. 424, p. 403: ``The universal weight of authority in the United
    States in both branches of the Congress thereof render an extended
    discussion of this point quite unnecessary.'' The House did not need to
    rule on or confirm the majority opinion of the Committee, as the House
    found that the majority candidate was qualified, seating the Member-
    elect and dismissing the contest.
    ---------------------------------------------------------------------------
        As early as 1868 the House had under its consideration a
    challenge to a ``vacancy'' where the contesting candidate
    claimed a seat by virtue of the fact that the winning candidate
    on the ballot in the original election had been
    constitutionally disqualified because he was not an
    ``inhabitant'' of the State. The House explained that the
    constitutional disqualification of the candidate on the ballot
    because of a lack of ``inhabitancy'' in the State was
    immaterial to the challenger's claim to the seat, since the
    disqualification of the majority candidate on the ballot for
    lack of inhabitancy would merely create a ``vacancy'' in the
    office, and would not elect the minority or second place vote-
    getter:

            Contestant further contended that Mr. Mann was not at
            the time of his election an inhabitant of the State,
            and was therefore ineligible. . . . [T]he committee
            held that it was immaterial whether he was ineligible
            or not, as under the principles already settled by the
            decisions of other cases the ineligibility of the
            majority candidate would give no title to the minority
            candidate. The committee were therefore unanimous in
            the opinion that Mr. Jones was not elected, and that
            the death of Mr. Mann had caused a vacancy.\48\
    ---------------------------------------------------------------------------
        \48\ Jones v. Mann, Rowell's Digest, supra at 226, 1 Hinds'
    Precedents, supra at Sec. 326.

        In the Senate, it is plainly noted in the Senate's
    procedural treatise that: ``In election cases the ineligibility
    of a majority candidate, for a seat in the Congress gives no
    title to the candidate receiving the next highest number of
    votes.'' \49\ Senate precedents, citing similar rulings in the
    House of Representatives, have stated the ``well-established
    Senate rule that the ineligibility of the winning candidate
    gives no title to the candidate receiving the next highest
    number of votes.'' \50\ In the Senate election case of Henry D.
    Hatfield v. Rush D. Holt, where the candidate on the ballot who
    had been elected by the people was only twenty-nine years old,
    ``the Senate . . . reaffirmed that even if a winning candidate
    was ruled ineligible, the runner-up in the election would not
    be declared elected.'' \51\ The Committee on Privileges and
    Elections in the 74th Congress explained as follows:
    ---------------------------------------------------------------------------
        \49\ Riddick's Senate Procedure, Precedents and Practices, supra at
    701.
        \50\ Senate Election, Expulsion and Censure Cases, supra at 360,
    Case No. 119.
        \51\ Id. at 361.

            Also, that the said Henry D. Hatfield, by virtue of his
            having received the next highest number of eligible
            votes for United States Senator in the general election
            held in and for the State of West Virginia in November
            1934, is not the duly elected Senator from the State of
            West Virginia. The rule is well settled that in
            election cases the ineligibility of a majority
            candidate for a seat in the Congress gives no title to
            the minority candidate or to the candidate receiving
            the next highest numbers of votes. See Jones v. Mann
            (40th Cong.); Rowell's Digest 220, 2 Bartlett 475;
            Cannon v. Campbell (47th Cong.), Rowell's Digest
            391.\52\
    ---------------------------------------------------------------------------
        \52\ S. Rpt. No. 904, 74th Cong., 1st Sess. 3 (1935). See also
    Bayley v. Barbour, 1 Hinds' Precedents, supra at Sec. 435, p. 422:
    ``The Elections Committee held that a contestant could have no claim to
    a seat declared vacant because of the constitutional disqualifications
    of the sitting Member.''

        It should be noted that one early authority on parliaments
    and legislative assemblies, Luther Stearns Cushing, had
    suggested that, although it would be a ``harsh'' result, votes
    cast for a candidate whom the electors knew to be disqualified
    should be considered ``thrown away'' and ``the opposing
    candidate elected.'' \53\ In the early election case of Smith
    v. Brown (1861) in the House, however, Cushing's opinion, based
    on English parliamentary practice and called the ``English
    Rule,'' was criticized and expressly rejected in favor of the
    ``American Rule'' of representative democracy. As explained in
    Rowell's Digest, the committee in that case found:
    ---------------------------------------------------------------------------
        \53\ Cushing, Elements of the Law and Practice of Legislative
    Assemblies, at 67 (Boston 1856).

            But the English rule had never been applied in this
            country and was hostile to the genius of our
            institutions. Mr. Cushing, in stating the English
            parliamentary rule, states that in his opinion the same
            rule applies in this country, but he gives no case to
            sustain his statement, which is the best of evidence
            that there are none. There had been numerous cases in
            the House and Senate where members were deprived of
            their seats because of ineligibility, but in no case
            had it ever been claimed that any title was thereby
            given to the minority candidate.\54\
    ---------------------------------------------------------------------------
        \54\ Smith v. Brown, Rowell's Digest, supra 220-221.

        The so-called ``American Rule'' is based on principles of
    representative democracy, that in such a system the overriding
    issue in an election contest in the House or Senate is to
    attempt to effectuate the will of the majority (or plurality)
    of the voters of that State or district, usually in determining
    who was ``actually elected'' or ``duly elected'' by the people
    to represent them, that is, who has received the most
    votes.\55\ Under these principles, one who has, in fact, lost
    an election, that is, has received fewer votes than someone
    else on the ballot, is therefore not seated by the legislature
    in contravention of the choice of the people of the State or
    district upon a finding by the legislature of an ineligibility
    and disqualification of the actual winner of the election.
    When, under the American Rule, a majority or plurality of
    voters vote for a candidate widely known to be ineligible (such
    as in the case of a candidate who dies shortly before the
    election but whose name remains on the ballot), it is assumed
    that the will of the majority or plurality of voters was to
    choose a ``vacancy.'' In the case of Senate races, if the
    Governor has already indicated the person whom he will appoint
    to fill the vacancy should the deceased candidate receive the
    most votes, then the will of the electorate, in giving the most
    votes to the deceased candidate, would arguably have been
    expressed in favor of that proposed appointee over the other
    candidates on the ballot. In one case in the Senate concerning
    an ``anticipatory appointment,'' where there arose an issue as
    to which Governor (the outgoing or incoming) had the authority
    to appoint an interim Senator to the vacancy created by the in-
    coming Governor who was giving up his Senate seat to be
    Governor, the Senate precedent indicates that the decision was
    made, in part, on a recognition that ``the voters had known
    when they elected Matthew Neely governor that he intended to
    name his Senate successor, since he made his plan clear during
    the campaign.'' \56\
    ---------------------------------------------------------------------------
        \55\ Justice Joseph Story, Commentaries on the Constitution of the
    United States, Volume I, Sec. 833, p. 585 (1873); Tucker and Tucker,
    The Constitution of the United States, A Critical Discussion of Its
    Genesis, Development and Interpretation, Vol. I, at pp. 426-427 (1899):
    ``The power of election is vested . . . in the constituency,''and it is
    left to each House finally to determine who the constituency has ``duly
    elected.'' See also Powell v. McCormack, supra at 522; Roudebush v.
    Hartke, 405 U.S. 15 (1972).
        \56\ Martin v. Rosier, Senate Election, Expulsion and Censure
    Cases, supra at 373, Case 124.
    ---------------------------------------------------------------------------

                            F. SEVENTEENTH AMENDMENT

        It was argued during the 2000 Senate race in Missouri that
    the Seventeenth Amendment, adopted principally to provide for
    popular election of United States Senators, should limit a
    Governor's authority (and the authority of the State
    legislatures in empowering the Governor) to require a Governor
    to issue only ``writs of election'' for a special election when
    there is a vacancy which has been created by the election of a
    candidate known to be disqualified or ineligible at the time of
    the election, rather than making a ``temporary appointment'' to
    fill such vacancy until a later scheduled election.\57\
    Although there are some interesting policy arguments concerning
    such proposed limitations on State Governors' authority to make
    ``temporary appointments'' in these circumstances, particularly
    where the Governor is of the same major political party as the
    surviving candidate,\58\ there is nothing on the face of the
    language of the Seventeenth Amendment, its enactment history,
    nor any judicial interpretations or congressional precedents
    which support such a restrictive construction of State
    authority under the Amendment.
    ---------------------------------------------------------------------------
        \57\ Viet D. Dinh, ``Dead Men Can't Win,'' The Wall Street Journal,
    November 9, 2000, at A26.
        \58\ Some States require the Governor to select someone from the
    same political party as the deceased Member to fill a vacancy, but such
    additional requirement might prove difficult to enforce in court, as it
    may be seen as a qualification for the Senate additional to those
    established in the Constitution.
    ---------------------------------------------------------------------------
        The language of the vacancy clause of the Seventeenth
    Amendment clearly provides no distinctions as to when or how
    the ``vacancy'' in the office has been created:

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

        The text and the actual language of the Amendment clearly
    show, therefore, that there is no express restriction on a
    State legislature's or Governor's authority which is dependent
    or based upon any distinctions in the nature or the timing of
    how or when the Senate vacancy occurs. Rather, the language of
    the Amendment appears to provide on its face two alternate ways
    for a State to fill any vacancy in the State's representation
    in the Senate: either the executive of the State shall issue
    writs of election for a special election to fill the vacancy,
    or, if expressly authorized by the legislature of the State,
    the Governor may make a ``temporary appointment'' to fill the
    vacancy until the people select a replacement for the remainder
    of the term in a future election as the State ``legislature may
    direct.'' As noted in dicta by the Supreme Court, ``the
    Seventeenth Amendment permits a state, if it chooses, to forgo
    a special election in favor of a temporary appointment to the
    United States Senate. . . .'' \59\ In practice, most of the
    States provide for a temporary appointment by the Governor
    until the next regularly scheduled biennial congressional
    election, but a State might also provide for a more immediate
    ``special election'' and authorize an appointment by the
    Governor until the time of such election.\60\
    ---------------------------------------------------------------------------
        \59\ Rodriquez v. Popular Democratic Party, 457 U.S. 1, 11 (1982).
        \60\ For a general discussion of experiences of States in filling
    Senate vacancies, see Alan L. Clem, ``Popular Representation and Senate
    Vacancies,'' 10 Midwest Journal of Political Science, 52-77 (Feb.
    1966); for recent compilation of State provisions, see S. Doc. 106-14,
    106th Cong., 2d Sess., Senate Election Law Guidebook 2000 (1999).
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        Generally speaking, in provisions such as the Seventeenth
    Amendment, the ``plain meaning'' of the text and the words of
    the provision should be employed in discerning its import and
    intent, unless there is some clear and express countervailing
    enactment history.\61\ Furthermore, under long-established
    principles of constitutional interpretation, meaning must be
    given to all the words in a provision, and thus phrases and
    words in the text of the Constitution may not be ignored.\62\
    Thus, while the principal purpose of the Seventeenth Amendment
    was certainly to provide for the popular election of Senators,
    the express discretion and authority delegated to the State
    legislatures to allow the Governor of the State to make
    temporary appointments to fill Senate vacancies can not be
    disregarded.\63\
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        \61\ United States v. Sprague, 282 U.S. 716, 731-732 (1931) (in
    providing two alternative methods of ratification, there is nothing in
    the text of the Constitution which requires the legislature [Congress]
    to select one method over the other); McPherson v. Blacker, 146 U.S. 1,
    27 (1892); see generally, Justice Joseph Story, Commentaries on the
    Constitution, Sec. 451.
        \62\ Marbury v. Madison, 5 U.S. 137, 174 (1803); Holmes v.
    Jennison, 39 U.S. 540, 571 (1840).
        \63\ One existing problem expressly recognized in the enactment
    history of the Seventeenth Amendment was that of extended vacancies in
    State delegations to the Senate caused by inaction and political
    stalemate and intrigue in the State legislatures. S. Rpt. No. 961, 61st
    Cong., 3rd Sess. 13-14 (1911); David E. Kyvig, Explicit and Authentic
    Acts, Amending the U.S. Constitution, 1776-1995, at 209, noting that
    ``Delaware was represented by only one senator in three Congresses and
    none at all from 1901 until 1908.'' The provision of a mechanism for
    the temporary appointment by the Governor of a State in cases of Senate
    vacancies until an election is held, providing a quick and efficient
    method to fill a Senate vacancy, may have been intended in part as an
    effort to address this problem.
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        In the enactment history of the Seventeenth Amendment there
    is no express indication that a State is required to hold a
    more immediate ``special election'' to fill a vacancy created
    by the death or other ineligibility of the majority candidate
    in a general election, as opposed to using the alternative
    method of allowing a temporary appointment by the Governor
    until a later election is held, as directed by the State
    legislature. In fact, in the earliest formulations of the
    vacancy language used in what became the Seventeenth Amendment,
    the drafter was cognizant of the expense of State-wide
    elections, and expressly intended to allow the State to be
    spared the expense of having to hold another State-wide
    ``special election'' soon after or before a regular State-wide
    election.\64\
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        \64\ Representative Tucker of Virginia originally drafted and
    offered in 1892 the vacancy provision eventually adopted in 1912. As
    reported in the House, one reason discretion was given to the State
    legislatures to allow a ``temporary appointment'' until a later
    election, such as a regularly scheduled state-wide election, was that
    mandatory special elections might be a ``hardship'' on the State which
    recently had or soon will have a state election, since ``to add another
    State election would be imposing an unnecessary expense on the
    people.'' H.R. Rep. No. 368, 52d Cong., 1st Sess. 5 (1892).
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        There is also no express indication in the enactment
    history that the Amendment, contrary to its express language,
    was intended to limit or restrict the authority or power of a
    State legislature over the details of the procedures of
    elections in their respective States to fill vacancies. The
    enactment history of the Seventeenth Amendment in the United
    States Congress shows a serious debate and division concerning
    ``States'' rights,'' with one of the major contentions in the
    debate being over a provision, adopted in one House, which went
    so far as to remove entirely Congress' residual authority over
    the ``Times, Places and Manners'' of federal elections in the
    States under Article I, Section 4, clause 1 of the
    Constitution.\65\ The author of the substitute amendment
    eventually adopted by Congress, Senator Bristow, noted
    explicitly that the direct election provisions were not
    intended to ``add new powers of control to the Federal
    Government'' at the expense of the authority of the State
    legislatures over such elections.\66\ The constitutional
    provision adopted expressly provides as to vacancies, in fact,
    that after a temporary appointment, the people of the State
    will fill the vacancy by election ``as the legislature may
    direct.'' This is a direct grant in the United States
    Constitution of authority and discretion to the State
    legislatures,\67\ limited only by the requirement that the
    Governor's appointment be ``temporary,'' and there is no
    indication of a silent or implicit agenda to limit that
    authority or discretion when vacancies arise from the death of
    a candidate, or otherwise, at the beginning of the term.
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        \65\ This provision was reported out of committee in the Senate,
    and had passed the House. S. Doc. No. 666, 62d Cong., 2d Sess. 6-9,
    ``Resolution for the Direct Election of Senators,'' by Senator Joseph
    L. Bristow (1912); Kyvig, Explicit and Authentic Acts, supra at 210-
    213.
        \66\ S. Doc. No. 666, 62d Cong., supra at 9. Trinsey v.
    Commonwealth of Pennsylvania, 941 F.2d 224, 234 (3rd Cir. 1982), cert.
    denied, 502 U.S. 1014 (1991).
        \67\ See McPherson v. Blacker, 146 U.S. 1 (1892), as to express
    constitutional delegation to the State legislatures of role in
    electoral scheme for choosing presidential electors.
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        Federal courts looking at the issue of whether the
    Seventeenth Amendment requires a State to hold a ``special
    election'' to fill a Senate vacancy have concluded that the
    Constitution delegated to the State legislatures significant
    discretion and authority as to the mechanics and procedures of
    how and when vacancies in the Senate from their respective
    States are to be filled. In Valenti v. Rockefeller, a federal
    court, in a case expressly affirmed by the United States
    Supreme Court, found that there is nothing in the Seventeenth
    Amendment, nor its history, that requires the State to hold a
    special election to fill a vacancy, rather than to have a
    temporary gubernatorial appointment, even if such appointment
    extends, because of the State's statutory nominating
    procedures, more than two years and thus beyond the next
    immediate State-wide election.\68\ The court noted there that
    the pre-Seventeenth Amendment history, as well as the
    Amendment's enactment history, ``provides no support for
    plaintiff's contention that special elections are required to
    fill vacancies under the Seventeenth Amendment.'' \69\ Noting
    the discretion expressly given in the text of the Constitution
    to the State legislatures over this issue, the court found:
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        \68\ Valenti v. Rockefeller, 292 F. Supp. 851 (D.C.N.Y. 1968),
    aff'd, 393 U.S. 404, 405, 406 (1969), rehearing denied, 393 U.S. 1124
    (1969).
        \69\ Id. at 865.

            The Seventeenth Amendment's vacancy provision
            explicitly confers upon the state legislatures
            discretion concerning the timing of vacancy elections.
            If the legislature authorizes the governor to make a
            temporary appointment, the appointee may hold office
            ``until the people fill the vacanc[y] by election as
            the legislature may direct.'' . . . [W]e believe that
            we must give effect to the natural reading of the
            Seventeenth Amendment as adopted since there is no
            indication that the Congress which proposed the
            Amendment, or the state legislatures which ratified it,
            intended a different meaning. This natural reading
            grants to the states some reasonable discretion
            concerning both the timing of vacancy elections and the
            procedures to be used in selecting candidates for such
            elections. This interpretation gains support from Art.
            I, Sec. 4 of the Constitution which gives to the state
            legislatures the initial power to prescribe the
            ``Times, Places and Manner of holding Elections for
            Senators and Representatives. . . .'' If the drafters
            of the Seventeenth Amendment had intended to bring
            about a radical departure from this normal rule of
            state discretion in the instance of the timing and
            manner of holding vacancy elections, such as by
            requiring special elections, it is likely that they
            would have employed clear language to that effect. . .
            .\70\
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        \70\ Id. at 855-856.

    The court found that the Seventeenth Amendment did place ``some
    limit on the discretion of the states'' by requiring that the
    Governor's appointment be ``temporary'' until an election is
    held.\71\ The majority of the court did not, however, attempt
    to set an outer limit to that time. In the case of the New York
    statutory provisions in effect and reviewed in Valenti v.
    Rockefeller, the ``temporary appointment'' by Governor
    Rockefeller after the death of Senator Robert Kennedy worked
    out to 29 months.\72\
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        \71\ Id. at 856.
        \72\ 292 F. Supp. at 868.
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        In a similar manner, in Trinsey v. Commonwealth of
    Pennsylvania,\73\ the United States Court of Appeals found that
    the discretion granted to the State legislatures in the
    Seventeenth Amendment to establish the details of the
    procedures and timing of vacancy elections for the Senate was
    so broad and significant that, even though the Seventeenth
    Amendment itself required popular general elections for the
    Senate, the Commonwealth of Pennsylvania was within its
    authority under the vacancy clause to provide by statute that
    nominations for a special election to fill a Senate vacancy may
    be made without a popular primary election. The court noted
    that the legislative history of the Seventeenth Amendment
    indicated that the Congress ``was resistant to any change that
    would decrease the power and authority of the states and
    enlarge that of the federal government,'' and that the
    ``explicit provision in the vacancy paragraph of the
    Seventeenth Amendment vesting discretion in the state
    legislatures . . . itself could be deemed dispositive of the
    issue.'' \74\
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        \73\ 941 F.2d 224 (3rd Cir. 1991), cert. denied, 502 U.S. 1014
    (1991).
        \74\ Id. at 234.