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