[Senate Document 111-18]
[From the U.S. Government Publishing Office]




111th Congress                                              Document
2d Session                        SENATE                     111-18
_______________________________________________________________________


                          SENATE ELECTION LAW
                               GUIDEBOOK
                                 2010

                               ----------                              

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

                               ----------                              

                      CHARLES E. SCHUMER, Chairman

                 COMMITTEE ON RULES AND ADMINISTRATION
                          UNITED STATES SENATE

                       REVISED TO JANUARY 1, 2010




               December 18, 2010.--Ordered to be printed







111th Congress 
 2d Session                      SENATE                        Document
                                                                 111-18
_______________________________________________________________________


 
                          SENATE ELECTION LAW

                               GUIDEBOOK

                                  2010

                               __________

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

                               __________

                      CHARLES E. SCHUMER, Chairman

                 COMMITTEE ON RULES AND ADMINISTRATION

                          UNITED STATES SENATE

                       REVISED TO JANUARY 1, 2010




               December 18, 2010.--Ordered to be printed
                                ______

                        U.S. GOVERNMENT PRINTING OFFICE
 58-119                   WASHINGTON : 2010





                 COMMITTEE ON RULES AND ADMINISTRATION

                 CHARLES E. SCHUMER, New York, Chairman
ROBERT C. BYRD, West Virginia        ROBERT F. BENNETT, Utah
DANIEL K. INOUYE, Hawaii             MITCH McCONNELL, Kentucky
CHRISTOPHER J. DODD, Connecticut     THAD COCHRAN, Mississippi
DIANNE FEINSTEIN, California         KAY BAILEY HUTCHISON, Texas
RICHARD J. DURBIN, Illinois          SAXBY CHAMBLISS, Georgia
E. BENJAMIN NELSON, Nebraska         LAMAR ALEXANDER, Tennessee
PATTY MURRAY, Washington             JOHN ENSIGN, Nevada
MARK L. PRYOR, Arkansas              PAT ROBERTS, Kansas
TOM UDALL, New Mexico
MARK R. WARNER, Virginia
                 Jean Parvin Bordewich, Staff Director
                      Jason A. Abel, Chief Counsel
                Veronica M. Gillespie, Elections Counsel
               Mary Suit Jones, Republican Staff Director
                Paul Vinovich, Republican Chief Counsel
             Michael Merrell, Republican Elections Counsel
                              ----------                              

                         SENATE RESOLUTION 704


                   In the Senate of the United States


                           December 18, 2010

    Resolved, That the Committee on Rules and Administration 
shall prepare a revised edition of the Senate Election Law 
Guidebook, Senate Document 109-10, 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.
                                            Nancy Erickson,
                                                          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 2010 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 Jack Maskell and L. Paige Whitaker, 
Legislative Attorneys, David S. Mao, Section Head, Cassandra 
Foley and Julia Taylor, Law Librarians, and Stuart Carmody, 
Reference Assistant, Knowledge Services Group, under the 
supervision of Karen J. Lewis, Assistant Director, and T.J. 
Halstead, 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. 21. Oath of Senators...........................    11
    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. 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..    13
    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...........    45
    2 U.S.C. Sec. 437c. Federal Election Commission..............    45
    2 U.S.C. Sec. 437d. Powers of the Commission.................    48
    2 U.S.C. Sec. 437f. Advisory Opinions........................    59
    2 U.S.C. Sec. 437g. Enforcement..............................    50
    2 U.S.C. Sec. 437h. Judicial Review..........................    56
    2 U.S.C. Sec. 438. Administrative Provisions.................    56
    2 U.S.C. Sec. 438a. Maintenance of Website of Election 
      Reports....................................................    59
    2 U.S.C. Sec. 439. Statements Filed With State Officers......    59
    2 U.S.C. Sec. 439a. Use of Contributed Amounts for Certain 
      Purposes...................................................    60
    2 U.S.C. Sec. 439c. Authorization of Appropriations..........    62
    2 U.S.C. Sec. 441a. Limitations, Contributions and 
      Expenditures...............................................    62
    2 U.S.C. Sec. 441a-1. Modification of Certain Limits for 
      House Candidates in Response to Personal Fund Expenditures 
      of Opponents...............................................    71
    2 U.S.C. Sec. 441b. Contributions or Expenditures by National 
      Banks, Corporations, or Labor Organizations................    74
    2 U.S.C. Sec. 441c. Contributions by Government Contractors..    77
    2 U.S.C. Sec. 441d. Publication and Distribution of 
      Statements and Solicitations...............................    78
    2 U.S.C. Sec. 441e. Contributions and Donations by Foreign 
      Nationals..................................................    80
    2 U.S.C. Sec. 441f. Contributions in Name of Another 
      Prohibited.................................................    81
    2 U.S.C. Sec. 441g. Limitation on Contribution of Currency...    81
    2 U.S.C. Sec. 441h. Fraudulent Misrepresentation of Campaign 
      Authority..................................................    81
    2 U.S.C. Sec. 441i. Soft Money of Political Parties..........    82
    2 U.S.C. Sec. 441k. Prohibition of Contributions by Minors...    85
    2 U.S.C. Sec. 442. Authority to Procure Technical Support and 
      Other Services and Incur Travel Expenses, Payment of Such 
      Expenses...................................................    85
    2 U.S.C. Sec. 451. Extension of Credit by Regulated 
      Industries; Regulations....................................    86
    2 U.S.C. Sec. 452. Prohibition Against Use of Certain Federal 
      Funds for Election Activities..............................    86
    2 U.S.C. Sec. 453. State Laws Affected.......................    86
    2 U.S.C. Sec. 454. Partial Invalidity........................    87
    2 U.S.C. Sec. 455. Period of Limitations.....................    87
D. Financial Disclosure Requirements of Federal Personnel (Title 
  5, U.S. Code)..................................................    88
    5 U.S.C. App. Sec. 101. Persons Required to File.............    88
    5 U.S.C. App. Sec. 102. Contents of Reports..................    91
    5 U.S.C. App. Sec. 103. Filing of Reports....................   100
    5 U.S.C. App. Sec. 104. Failure to File or Filing False 
      Reports....................................................   103
    5 U.S.C. App. Sec. 105. Custody of and Public Access to 
      Reports....................................................   104
    5 U.S.C. App. Sec. 106. Review of Reports....................   107
    5 U.S.C. App. Sec. 107. Confidential Reports and other 
      Additional Requirements....................................   108
    5 U.S.C. App. Sec. 108. Authority of Comptroller General.....   109
    5 U.S.C. App. Sec. 109. Definitions..........................   109
    5 U.S.C. App. Sec. 110. Notice of Actions Taken to Comply 
      with Ethics Agreements.....................................   113
    5 U.S.C. App. Sec. 111. Administration of Provisions.........   113
E. Political Activities: Federal Employees (Title 5, U.S. Code)..   115
    5 U.S.C. Sec. 7321. Political Participation..................   115
    5 U.S.C. Sec. 7322. Definitions..............................   115
    5 U.S.C. Sec. 7323. Political Activity Authorized; 
      Prohibitions...............................................   116
    5 U.S.C. Sec. 7324. Political Activities on Duty; Prohibition   117
    5 U.S.C. Sec. 7325. Political Activity Permitted; Employees 
      Residing in Certain Municipalities.........................   118
    5 U.S.C. Sec. 7326. Penalties................................   118
    5 U.S.C. Sec. 7351. Gifts to Superiors.......................   119
    5 U.S.C. Sec. 7353. Gifts to Federal Employees...............   119
F. Political Activities: State and Local Employees (Title 5, U.S. 
  Code)..........................................................   121
    5 U.S.C. Sec. 1501. Definitions..............................   121
    5 U.S.C. Sec. 1502. Influencing Elections; Taking Part in 
      Political Campaigns; Prohibitions; Exceptions..............   121
    5 U.S.C. Sec. 1503. Nonpartisan Candidacies Permitted........   122
    5 U.S.C. Sec. 1504. Investigations; Notice of Hearing........   122
    5 U.S.C. Sec. 1505. Hearings; Adjudications; Notice of 
      Determinations.............................................   122
    5 U.S.C. Sec. 1506. Orders; Withholding Loans or Grants; 
      Limitations................................................   123
    5 U.S.C. Sec. 1507. Subpenas and Depositions.................   123
    5 U.S.C. Sec. 1508. Judicial Review..........................   124
G. Limitations on Outside Employment and Elimination of Honoraria 
  (Title 5, U.S. Code)...........................................   126
    5 U.S.C. App. Sec. 501. Outside Earned Income Limitation.....   126
    5 U.S.C. App. Sec. 502. Limitations on Outside Employment....   127
    5 U.S.C. App. Sec. 503. Administration.......................   128
    5 U.S.C. App. Sec. 504. Civil Penalties......................   128
    5 U.S.C. App. Sec. 505. Definitions..........................   128
H. Criminal Code Provisions (Title 18, U.S. Code)................   130
    18 U.S.C. Sec. 201. Bribery of public officials and witnesses   130
    18 U.S.C. Sec. 202. Definitions..............................   132
    18 U.S.C. Sec. 203. Compensation to Members of Congress, 
      Officers, and Others in Matters Affecting the Government...   134
    18 U.S.C. Sec. 210. Offer to Procure Appointive Public Office   135
    18 U.S.C. Sec. 211. Acceptance or Solicitation to Obtain 
      Appointive Public Office...................................   136
    18 U.S.C. Sec. 216. Penalties and injunctions................   136
    18 U.S.C. Sec. 219. Officers and employees acting as agents 
      of foreign principals......................................   137
    18 U.S.C. Sec. 227. Wrongfully influencing a private entity's 
      employment decisions by a Member of Congress...............   137
    18 U.S.C. Sec. 592. Troops at Polls..........................   138
    18 U.S.C. Sec. 593. Interference by Armed Forces.............   138
    18 U.S.C. Sec. 594. Intimidation of Voters...................   138
    18 U.S.C. Sec. 595. Interference by Administrative Employees.   139
    18 U.S.C. Sec. 596. Polling Armed Forces.....................   139
    18 U.S.C. Sec. 597. Expenditures to Influence Voting.........   140
    18 U.S.C. Sec. 598. Coercion by Appropriations...............   140
    18 U.S.C. Sec. 599. Promise of Appointment by Candidate......   140
    18 U.S.C. Sec. 600. Promise of Employment or Other Benefit...   140
    18 U.S.C. Sec. 601. Deprivation of Employment or Other 
      Benefit....................................................   141
    18 U.S.C. Sec. 602. Solicitation of Political Contributions..   142
    18 U.S.C. Sec. 603. Making Political Contributions...........   142
    18 U.S.C. Sec. 604. Solicitation From Persons on Relief......   143
    18 U.S.C. Sec. 605. Disclosure of Names of Persons on Relief.   143
    18 U.S.C. Sec. 606. Intimidation to Secure Political 
      Contributions..............................................   143
    18 U.S.C. Sec. 607. Place of Solicitation....................   143
    18 U.S.C. Sec. 608. Absent Uniformed Services Voters and 
      Overseas Voters............................................   144
    18 U.S.C. Sec. 609. Use of Military Authority to Influence 
      Vote of Member of Armed Forces.............................   144
    18 U.S.C. Sec. 610. Coercion of Political Activity...........   145
    18 U.S.C. Sec. 611. Voting by Aliens.........................   145
I. Use of Franked Mail (Title 39, U.S. Code).....................   146
    39 U.S.C. Sec. 3201. Definitions.............................   146
    39 U.S.C. Sec. 3210. Franked Mail Transmitted by the Vice 
      President, Members of Congress, and Congressional Officials   146
    39 U.S.C. Sec. 3211. Public Documents........................   151
    39 U.S.C. Sec. 3212. Congressional Record Under Frank of 
      Members of Congress........................................   152
    39 U.S.C. Sec. 3213. Seeds and Reports From Department of 
      Agriculture................................................   152
    39 U.S.C. Sec. 3215. Lending or Permitting Use of Frank 
      Unlawful...................................................   152
    39 U.S.C. Sec. 3216. Reimbursement for Franked Mailings......   152
    39 U.S.C. Sec. 3218. Franked Mail for Survivors of Members of 
      Congress...................................................   154
    39 U.S.C. Sec. 3219. Mailgrams...............................   154
    39 U.S.C. Sec. 3220. Use of Official Mail in the Location and 
      Recovery of Missing Children...............................   154
    2 U.S.C. Sec. 502. Select Committee on Standards and Conduct 
      of the Senate..............................................   155
    Regulations Governing Official Mail (Senate Committee on 
      Rules and Administration)..................................   157
J. Communications Media (Title 47, U.S. Code)....................   170
    47 U.S.C. Sec. 312. Administrative Sanctions.................   170
    47 U.S.C. Sec. 315. Candidates for Public Office.............   170
K. Uniformed and Overseas Voting (Title 42, U.S. Code)...........   174
    42 U.S.C. Sec. 1973ff. Federal Responsibilities..............   174
    42 U.S.C. Sec. 1973ff-1. State Responsibilities..............   175
    42 U.S.C. Sec. 1973ff-2. Federal write-in absentee ballot in 
      general elections for Federal office for absent uniformed 
      services voters and overseas voters........................   181
    42 U.S.C. Sec. 1973ff-2a. Procedures for collection and 
      delivery of marked absentee ballots of absent overseas 
      uniformed services voters..................................   183
    42 U.S.C. Sec. 1973ff-2b. Federal Voting Assistance Program 
      improvements...............................................   184
    42 U.S.C. Sec. 1973ff-3. Prohibition of refusal of 
      applications on grounds of early submission................   185
    42 U.S.C. Sec. 1973ff-4. Enforcement.........................   185
    42 U.S.C. Sec. 1973ff-4a. Reporting Requirements.............   186
    42 U.S.C. Sec. 1973ff-5. Effect on certain other laws........   187
    42 U.S.C. Sec. 1973ff-6. Definitions.........................   187
    42 U.S.C. Sec. 1973ff-7. Technology Pilot Program............   188

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

 A. Rule II, Presentation of Credentials and Questions of Privilege.193
 B. Rule III, Oaths.................................................194
 C. Rule XXXIV, Public Financial Disclosure.........................195
 D. Rule XXXV, Gifts................................................196
 E. Rule XXXVI, Outside Earned Income...............................205
 F. Rule XXXVII, Conflict of Interest...............................205
 G. Rule XXXVIII, Prohibition of Unofficial Office Accounts.........210
 H. Rule XXXIX, Foreign Travel......................................210
 I. Rule XL, Franking Privilege and Radio and Television Studios....211
 J. Rule XLI, Political Fund Activity; Definitions..................212
 K. Rule XLIII, Representation by Members...........................214
 L. Standing Order of the Senate, Section 103, Tape Duplication of 
    Senate Proceedings..............................................214

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

Alabama..........................................................   219
Alaska...........................................................   220
Arizona..........................................................   221
Arkansas.........................................................   223
California.......................................................   225
Colorado.........................................................   227
Connecticut......................................................   229
Delaware.........................................................   230
Florida..........................................................   231
Georgia..........................................................   232
Hawaii...........................................................   235
Idaho............................................................   236
Illinois.........................................................   237
Indiana..........................................................   238
Iowa.............................................................   239
Kansas...........................................................   241
Kentucky.........................................................   242
Louisiana........................................................   244
Maine............................................................   246
Maryland.........................................................   247
Massachusetts....................................................   248
Michigan.........................................................   250
Minnesota........................................................   251
Mississippi......................................................   253
Missouri.........................................................   254
Montana..........................................................   255
Nebraska.........................................................   256
Nevada...........................................................   258
New Hampshire....................................................   259
New Jersey.......................................................   260
New Mexico.......................................................   261
New York.........................................................   263
North Carolina...................................................   265
North Dakota.....................................................   266
Ohio.............................................................   267
Oklahoma.........................................................   268
Oregon...........................................................   270
Pennsylvania.....................................................   272
Rhode Island.....................................................   273
South Carolina...................................................   274
South Dakota.....................................................   276
Tennessee........................................................   277
Texas............................................................   278
Utah.............................................................   280
Vermont..........................................................   280
Virginia.........................................................   282
Washington.......................................................   283
West Virginia....................................................   285
Wisconsin........................................................   286
Wyoming..........................................................   288

        PART IV. CAMPAIGN ACTIVITIES BY CONGRESSIONAL EMPLOYEES

A. General Campaign Activities...................................   293
    1. Campaigning and Official Duties...........................   294
    2. False Claims, Fraud and Theft: Federal Criminal Law.......   301
    3. Running for Elective Office...............................   305
B. Campaign Funds and Finances...................................   307
    1. Political Contributions...................................   307
    2. Fundraising Dinners and Testimonials......................   311
    3. Campaign Fund Activity by Senate Employees................   312
    4. Campaign Activity in a Federal Building...................   314
C. Quick Reference List of Specific Campaign Prohibitions........   317
    1. General...................................................   317
    2. Soliciting or Receiving Campaign Contributions............   317
    3. Making Political Contributions............................   318

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

 A. Introduction and Background.....................................321
 B. State Residency Requirements....................................323
 C. Definition of Inhabitancy.......................................324
 D. Holding Public Office and Eligibility for Congressional Office..326
 E. Subversive Activities and Eligibility for Congress..............327
 F. Felony Conviction and Eligibility for Congress..................328
 G. Eligibility of Congressional Candidates After Defeat in Primary 
    Election........................................................328
 H. State Requirements for Obtaining Ballot Access..................329
 I. The Issue of Term Limitations of Members of Congress............331

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

 A. Introduction and Background.....................................337
 B. Issues Raised Concerning Deceased Candidate on Ballot...........339
 C. State Authority Over Election Procedures, Administration........340
 D. Senate and House Decisions on ``Qualifications''................344
 E. Judging Elections in Congress and the ``American Rule''.........346
 F. Seventeenth Amendment...........................................350
                       KEY ELECTION DATES IN 2010

               A. General Election Date: November 2, 2010

       B. Congressional Primary Dates Chronologically*

------------------------------------------------------------------------
                    State            Primary date         Runoff date
------------------------------------------------------------------------
   Illinois                     Feb. 2              ..................
   Texas                        Mar. 2              Apr. 13
   Indiana                      May 4               ..................
   Ohio                         May 4               ..................
   North Carolina               May 4               June 22
   Nebraska                     May 11              ..................
   West Virginia                May 11              ..................
   Kentucky                     May 18              ..................
   Oregon                       May 18              ..................
   Pennsylvania                 May 18              ..................
   Arkansas                     May 18              June 8
   Idaho                        May 25              ..................
   Mew Mexico                   June 1              ..................
   Mississippi                  June 1              June 22
   Alabama                      June 1              July 13
   California                   June 8              ..................
   Iowa                         June 8              ..................
   Maine                        June 8              ..................
   Montana                      June 8              ..................
   Nevada                       June 8              ..................
   New Jersey                   June 8              ..................
   North Dakota                 June 8              ..................
   Virginia                     June 8              ..................
   South Carolina               June 8              June 22
   South Dakota                 June 8              June 29
   Utah                         June 22             ..................
   Georgia                      July 20             Aug. 10
   Oklahoma                     July 27             Aug. 24
   Kansas                       Aug. 3              ..................
   Michigan                     Aug. 3              ..................
   Missouri                     Aug. 3              ..................
   Tennessee                    Aug. 5              ..................
   Colorado                     Aug. 10             ..................
   Connecticut                  Aug. 10             ..................
   Minnesota                    Aug. 10             ..................
   Washington                   Aug. 17             ..................
   Wyoming                      Aug. 17             ..................
   Alaska                       Aug. 24             ..................
   Arizona                      Aug. 24             ..................
   Florida                      Aug. 24             ..................
   Vermont                      Aug. 24             ..................
   Louisiana                    Aug. 28             Oct. 2
   Guam                         Sept. 4             ..................
   Virgin Islands               Sept. 11            ..................
   D.C.                         Sept. 14            ..................
   Delaware                     Sept. 14            ..................
   Maryland                     Sept. 14            ..................
   Massachusetts                Sept. 14            ..................
   New Hampshire                Sept. 14            ..................
   New York                     Sept. 14            ..................
   Rhode Island                 Sept. 14            ..................
   Wisconsin                    Sept. 14            ..................
   Hawaii                       Sept. 18            ..................
------------------------------------------------------------------------
   *Source: Federal Election Commission. S indicates a U.S. Senate
     election. Dates subject to change by the state legislatures.
   Notes:
   1. In Connecticut, conventions are held by the Democratic and
     Republican parties prior to the primary. The Democratic convention
     date for U.S. House districts is date 5/10/10, and the Democratic
     U.S. Senate convention is 5/21/10. The Republican convention date
     for U.S. Senate and U.S. House is 5/21/10.
   2. In Delaware, the U.S. Senate election is for an Unexpired Term.
   3. In Indiana, the Libertarian Party convention date is 4/24/10. The
     caucus date for the Indiana Democratic Party to select its U.S.
     Senate nominee is 5/15/10.
   4. In Kansas, the Libertarian Party convention is 4/24/10, and the
     Reform Party convention date is 5/29/10.
   5. In Maryland, the Libertarian Party convention date is 3/13/10, and
     the Green Party convention date is 5/22/10. The caucus date for the
     Constitution Party of Maryland is 7/17/10.
   6. In Michigan, the Libertarian Party convention date is 5/22/10, the
     U.S. Taxpayers Party convention date is 6/26/10, and the Green
     Party convention date is 8/1/10.
   7. New York has two U.S. Senate seats up in 2010. One is for an
     Unexpired Term.
   8. In Oregon, the Pacific Green Party convention date is 6/5/10, the
     Libertarian Party convention date is 6/12/10, the Constitution
     Party convention date is 6/26/10, and the Independence Party
     convention date is 7/30/10.
   9. In Puerto Rico, the general election for Resident Commissioner to
     the U.S. House of Representatives is held every four years,
     coinciding with the U.S. Presidential election.
   10. In South Carolina, the United Citizens Party convention date is 3/
     20/10, the Libertarian Party convention date is 4/17/10, the Green
     Party convention date is 5/1/10, and the convention date for the
     Constitution, Independence and Working Families parties is 5/15/10.
   11. In Texas, the Libertarian Party convention date is 3/13/10 for
     Single County U.S. Congressional Districts 7, 16, 18, 20, 29, 30
     and 32. The convention date is 3/20/10 for Multi-County U.S.
     Congressional Districts 1-6, 8-15, 17, 19, 21-28 and 31.
   12. In Utah, conventions are held by the political parties prior to
     the primary. The convention date for the Democratic, Republican and
     Constitution parties is 5/8/10. The Libertarian Party convention
     date is 5/15/10.
   13. In Virginia, parties may choose to nominate by convention rather
     than by primary election. Democrats: Conventions will be held on 5/
     8/10 for U.S. House Districts 1 and 2 (caucus), 5/15/10 for
     Districts 7 and 9, and on 6/5/10 for District 5. The convention for
     District 6 was canceled. Republicans: Conventions will be held on 5/
     22/10 for U.S. House Districts 3 and 9. All other Congressional
     districts will nominate by primary election on 6/8/10.
   14 In Wyoming, the Libertarian Party convention date is 4/24/10.


                                                                    C. 2010 Congressional Primary Dates and Filing Deadlines*
                                                    Note: Dates Subject to Change / S Indicates Senate Election/General Election Date 11/2/10
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                 Filing deadline for primary        Independent\1\ filing deadline for general
                             State                         Primary date                  Runoff date                    ballot access                                election
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
   Alabama                                       June 1                        July 13                      Apr. 2                             June 1
   Alaska                                        Aug. 24                       ...........................  June 1                             June 1
   American Samoa                                n/a                           ...........................  n/a                                Sept. 1
    Arizona                                      Aug. 24                       ...........................  May 26                             May 26
   Arkansas                                      May 18                        June 8                       Mar. 8 Noon                        May 1 Noon (Independent)
   California                                    June 8                        ...........................  Mar. 12                            Aug. 6
   Colorado                                      Aug. 10                       ...........................  May 27                             May 27 (Third/Minor)
                                                                                                                                               June 15 (Independent)
   Connecticut                                   Aug. 10\2\                    ...........................  May 25 (or 14th Day After          Aug. 4
                                                                                                             Convention)\2\
   Delaware                                      Sept. 14\3\                   ...........................  July 30                            Sept. 1
    D.C.                                         Sept. 14                      ...........................  July 7                             Aug. 25
   Florida                                       Aug. 24                       ...........................  Apr. 30                            Mar. 29 Noon
   Georgia                                       July 20                       Aug. 10                      Apr. 30                            July 13
   Guam                                          Sept. 4                       ...........................  July 6                             July 6
   Hawaii                                        Sept. 18                      ...........................  July 20                            July 20
   Idaho                                         May 25                        ...........................  Mar. 19                            Mar. 19
   Illinois                                      Feb. 2                        ...........................  Nov. 2                             June 21
   Indiana                                       May 4\4\                      ...........................  Feb. 19 Noon                       July 15 Noon
   Iowa                                          June 8                        ...........................  Mar. 19                            Aug. 13
   Kansas                                        Aug. 3\5\                     ...........................  June 10 Noon                       Aug. 2 Noon (Independent)
   Kentucky                                      May 18                        ...........................  Jan. 26 4 pm                       Aug. 10 4 pm
   Louisiana                                     Aug. 28                       Oct. 2                       July 9                             July 9
   Maine                                         June 8                        ...........................  Mar. 15 5 pm                       May 25 5 pm
   Maryland                                      Sept. 14\6\                   ...........................  July 6                             Aug. 2
   Massachusetts                                 Sept. 14                      ...........................  June 1                             Aug. 31
   Michigan                                      Aug. 3\7\                     ...........................  May 11 4 pm                        July 15 4 pm (Independent)
   Minnesota                                     Aug. 10                       ...........................  June 1                             June 1
   Mississippi                                   June 1                        June 22                      Mar. 1                             Mar. 1
   Missouri                                      Aug. 3                        ...........................  Mar. 30                            July 26
   Montana                                       June 8                        ...........................  Mar. 15                            Mar. 8
   Nebraska                                      May 11                        ...........................  Mar. 1                             Sept. 1
   Nevada                                        June 8                        ...........................  Mar. 12                            Feb. 4
   New Hampshire                                 Sept. 14                      ...........................  June 11                            Sept. 1
   New Jersey                                    June 8                        ...........................  Apr. 12                            June 8
   New Mexico                                    June 1                        ...........................  Feb. 9                             June 2 (Independent)
                                                                                                                                               June 22 (Third/Minor)
   New York                                      Sept. 14\8\                   ...........................  July 15                            Aug. 17
   North Carolina                                May 4                         June 22                      Feb. 26                            June 25 Independent
                                                                                                                                               Aug. 1 Third/Minor
   North Dakota                                  June 8                        ...........................  Apr. 9 4 pm                        Sept. 3 4 pm
   Northern Mariana Islands                      n/a                           ...........................  n/a                                Aug. 4
   Ohio                                          May 4                         ...........................  Feb. 18                            Feb. 18 (Third/Minor)
                                                                                                                                               May 3 (Independent)
   Oklahoma                                      July 27                       Aug. 24                      June 9                             June 9 (Independent)
   Oregon                                        May 18\9\                     ...........................  Mar. 9                             Aug. 24
   Pennsylvania                                  May 18                        ...........................  Mar. 9                             Aug. 2
   Puerto Rico                                   n/a\10\                       ...........................  .................................  ...............................................
   Rhode Island                                  Sept. 14                      ...........................  June 30                            June 30 (Independent)
   South Carolina                                June 8\11\                    June 22                      Mar. 30 Noon                       July 15 Noon (Independent)
   South Dakota                                  June 8                        June 29                      Mar. 30                            June 8 (Independent)
   Tennessee                                     Aug. 5                        ...........................  Apr. 1                             Apr. 1 (Independent)
   Texas                                         Mar. 2\12\                    Apr. 13                      Jan. 4                             May 13 (Independent)
                                                                                                                                               May 23 (Third/Minor)
   Utah                                          June 22\13\                   ...........................  Mar. 19 5 pm                       Mar. 19 5 pm
   Vermont                                       Aug. 24                       ...........................  June 17                            June 17
   Virginia                                      June 8\14\                    ...........................  Apr. 9 5 pm                        June 8 7 pm (Independent)
                                                                                                                                               June 14 5 pm (Third/Minor)
   Virgin Islands                                Sept. 11                      ...........................  Aug. 10                            Aug. 10
   Washington                                    Aug. 17                       ...........................  June 11                            June 11
   West Virginia                                 May 11                        ...........................  Jan. 30                            July 30
   Wisconsin                                     Sept. 14                      ...........................  July 13                            July 13
   Wyoming                                       Aug. 17\15\                   ...........................  May 28                             Aug. 23 (Independent)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
   *Source: Federal Election Commission.
   \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\In Connecticut, conventions are held by the Democratic and Republican parties prior to the primary. The Democratic convention date for U.S. House districts is 5/10/10, and the Democratic
     U.S. Senate convention date is 5/21/10. The Republican convention date for U.S. Senate and U.S. House is 5/21/10.
   \3\In Delaware, the U.S. Senate election is for an Unexpired Term.
   \4\In Indiana, the Libertarian party convention date is 4/24/10. The caucus date for the Indiana Democratic Party to select its U.S. Senate nominee is 5/15/10.
   \5\In Kansas, the Libertarian party convention date is 4/24/10. The Reform party convention date is pending.
   \6\In Maryland, the Libertarian party convention date is 3/13/10, and the Green party convention date is 5/22/10. The caucus date for the Constitution Party of Maryland is 7/17/10. The
     convention date for the Independent party is pending.
   \7\In Michigan, the Libertarian party convention date is 5/22/10, the U.S. Taxpayers party convention date is 6/26/10, and the Green party convention date is 8/1/10. The Natural Law party
     convention date is pending.
   \8\New York has two U.S. Senate seats up in 2010. One is for an Unexpired Term.
   \9\In Oregon, the Constitution, Independent, Libertarian, Pacific Green, Progressive and Working Families parties may nominate by convention. Convention dates are pending.
   \10\In Puerto Rico, the general election for Resident Commissioner to the U.S. House of Representatives is held every four years, coinciding with the U.S. Presidential election.
   \11\In South Carolina, the United Citizens party convention date is 3/20/10, the Libertarian party convention date is 4/17/10, the Green party convention date is 5/1/10, and the convention
     date for the Constitution, Independence and Working Families parties is 5/15/10.
   \12\In Texas, the Libertarian party convention date is 3/13/10 for Single County U.S. Congressional Districts 7, 16, 18, 20, 29, 30 and 32. The convention date is 3/20/10 for Multi-County
     U.S. Congressional Districts 1-6, 8-15, 17, 19, 21-28, and 31.
   \13\In Utah, conventions are held by the political parties prior to the primary. The convention date for the Democratic, Republican and Constitution parties is 5/8/10. The Libertarian party
     convention date is 5/15/10.
   \14\In Virginia, parties may choose to nominate by convention rather than by primary election. Democrats: Conventions will be held on 5/8/10 for U.S. House Districts 1 and 2 (caucus),  5/15/
     10 for Districts 7 and 9, and on 6/5/10 for District 5. The convention for District 6 was canceled. Republicans: Conventions will be held on 5/22/10 for U.S. House Districts 3 and 9. All
     other Congressional districts will nominate by primary election on 6/8/10.
   \15\In Wyoming, the Libertarian party convention date is 8/16/10.

            FEC REPORTING DATES FOR CONGRESSIONAL CANDIDATES

   PRE-ELECTION REPORTING DATES FOR 2010 PRIMARY AND RUNOFF ELECTIONS

----------------------------------------------------------------------------------------------------------------
                                                 Close of       Mailing       Filing        48-hour notices**
      State or territory        Election date     books+      deadline++    deadline++      (candidates only)
----------------------------------------------------------------------------------------------------------------
*Alabama......................  June 1         May 12        May 17        May 20        May 13-May 29.
    Runoff....................  July 13        June 23       June 28       July 1        June 24-July 10.
*Alaska.......................  Aug. 24        Aug. 4        Aug. 9        Aug. 12       Aug. 5-Aug 21.
American Samoa................  Nov. 2         Oct. 13       Oct. 18       Oct. 21       Oct. 14-Oct. 30.
*Arizona......................  Aug. 24        Aug. 4        Aug. 9        Aug. 12       Aug. 5-Aug. 21.
*Arkansas.....................  May 18         Apr. 28       May 3         May 6         Apr. 29-May 15.
    Runoff....................  June 8         May 19        May 24        May 27        May 20-June 5.
*California...................  June 8         May 19        May 24        May 27        May 20-June 5.
*Colorado.....................  Aug. 10        July 21       July 26       July 29       July 22-Aug. 7.
*Connecticut..................  Aug. 10        July 21       July 26       July 29       July 22-Aug. 7.
*Delaware.....................  Sept. 14       Aug. 25       Aug. 30       Sept. 2       Aug. 26-Sept. 11.
District of Columbia..........  Sept. 14       Aug. 25       Aug. 30       Sept. 2       Aug. 26-Sept. 11.
*Florida......................  Aug. 24        Aug. 4        Aug. 9        Aug. 12       Aug. 5-Aug. 21.
*Georgia......................  July 20        June 30       July 5\1\     July 8\2\     July 1-July 17.
    Runoff....................  Aug. 10        July 21       July 26       July 29       July 22-Aug. 7.
Guam..........................  Sept. 4        Aug. 15       Aug. 20       Aug. 23       Aug. 16-Sept. 1.
*Hawaii.......................  Sept. 18       Aug. 29       Sept. 3       Sept. 6\3\    Aug. 30-Sept. 15.
*Idaho........................  May 25         May 5         May 10        May 13        May 6-May 22.
*Illinois.....................  Feb. 2         Jan. 13       Jan. 18\1\    Jan. 21\4\    Jan. 14-Jan. 30.
*Indiana......................  May 4          Apr. 14       Apr. 19       Apr. 22       Apr. 15-May 1.
*Iowa.........................  June 8         May 19        May 24        May 27        May 20-June 5.
*Kansas.......................  Aug. 3         July 14       July 19       July 22       July 15-July 31.
*Kentucky.....................  May 18         Apr. 28       May 3         May 6         Apr. 29-May 15.
*Louisiana....................  Aug. 28        Aug. 8        Aug. 13       Aug. 16       Aug. 9-Aug. 25.
    Runoff....................  Oct. 2         Sept. 12      Sept. 17      Sept. 20      Sept. 13-Sept. 29.
Maine.........................  June 8         May 19        May 24        May 27        May 20-June 5.
*Maryland.....................  Sept. 14       Aug. 25       Aug. 30       Sept. 2       Aug. 26-Sept. 11.
Massachusetts.................  Sept. 14       Aug. 25       Aug. 30       Sept. 2       Aug. 26-Sept. 11.
Michigan......................  Aug. 3         July 14       July 19       July 22       July 15-July 31.
Minnesota.....................  Sept. 14       Aug. 25       Aug. 30       Sept. 2       Aug. 26-Sept. 11.
Mississippi...................  June 1         May 12        May 17        May 20        May 13-May 29.
    Runoff....................  June 22        June 2        June 7        June 10       June 3-June 19.
*Missouri.....................  Aug. 3         July 14       July 19       July 22       July 15-July 31.
Montana.......................  June 8         May 19        May 24        May 27        May 20-June 5.
Nebraska......................  May 11         Apr. 21       Apr. 26       Apr. 29       Apr. 22-May 8.
*Nevada.......................  June 8         May 19        May 24        May 27        May 20-June 5.
*New Hampshire................  Sept. 14       Aug. 25       Aug. 30       Sept. 2       Aug. 26-Sept. 11.
New Jersey....................  June 8         May 19        May 24        May 27        May 20-June 5.
New Mexico....................  June 1         May 12        May 17        May 20        May 13-May 29.
*New York.....................  Sept. 14       Aug. 25       Aug. 30       Sept. 2       Aug. 26-Sept. 11.
*North Carolina...............  May 4          Apr. 14       Apr. 19       Apr. 22       Apr. 15-May 1.
    Runoff....................  June 22        June 2        June 7        June 10       June 3-June 19.
*North Dakota.................  June 8         May 19        May 24        May 27        May 20-June 5.
*Ohio.........................  May 4          Apr. 14       Apr. 19       Apr. 22       Apr. 15-May 1.
*Oklahoma.....................  July 27        July 7        July 12       July 15\5\    July 8-July 24.
    Runoff....................  Aug. 24        Aug. 4        Aug. 9        Aug. 12       Aug. 5-Aug. 21.
*Oregon.......................  May 18         Apr. 28       May 3         May 6         Apr. 29-May 15.
*Pennsylvania.................  May 18         Apr. 28       May 3         May 6         Apr. 29-May 15.
Puerto Rico...................  n/a            n/a           n/a           n/a           n/a
Rhode Island..................  Sept. 14       Aug. 25       Aug. 30       Sept. 2       Aug. 26-Sept. 11.
*South Carolina...............  June 8         May 19        May 24        May 27        May 20-June 5.
    Runoff....................  June 22        June 2        June 10\7\    June 10       June 3-June 19.
*South Dakota.................  June 8         May 19        May 24        May 27        May 20-June 5.
    Runoff....................  June 29        June 9        June 14       June 17       June 10-June 26.
Tennessee.....................  Aug. 5         July 16       July 21       July 24\6\    July 17-Aug. 2
Texas.........................  Mar. 2         Feb. 10       Feb. 15\1\    Feb. 18       Feb. 11-Feb. 27.
    Runoff....................  Apr. 13        Mar. 24       Mar. 29       Apr. 1        Mar. 25-Apr. 10.
*Utah.........................  June 22        June 2        June 7        June 10       June 3June 19.
*Vermont......................  Sept. 14       Aug. 25       Aug. 30       Sept. 2       Aug. 26-Sept. 11.
Virgin Islands................  Sept. 11       Aug. 22       Aug. 27       Aug. 30       Aug. 23Sept. 8.
Virginia......................  June 8         May 19        May 24        May 27        May 20-June 5.
*Washington...................  Aug. 17        July 28       Aug. 2        Aug. 5        July 29-Aug. 14.
West Virginia.................  May 11         Apr. 21       Apr. 26       Apr. 29       Apr. 22-May 8.
*Wisconsin....................  Sept. 14       Aug. 25       Aug. 30       Sept. 2       Aug. 26-Sept. 11.
Wyoming.......................  Aug. 17        July 28       Aug. 2        Aug. 5        July 29-Aug. 14.
----------------------------------------------------------------------------------------------------------------
+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 through the close of books for the first report due, including activity that occurred
  before the committee registered.
++Reports sent by registered or certified mail must be postmarked by the mailing deadline. Committees should
  keep the mailing receipt with its postmark as proof of filing. If using overnight mail, the delivery service
  must receive the report by the mailing deadline. ``Overnight mail'' means an overnight service with an on-line
  tracking system and scheduled for next business day delivery. Reports filed by any other means must be
  received by the Commission (or Secretary of the Senate for Senate committees) by the filing deadline.
*States holding 2010 Senate elections.
**Filed by candidate committees only. 48-Hour Notices are required if the campaign committee receives any
  contribution (including in-kind gifts or advances of goods or services; loans from the candidate or other non-
  bank sources; and guarantees or endorsements of bank loans to the candidate or committee) of $1,000 or more
  per source, during the applicable period.
\1\Notice that the registered/certified & overnight mailing deadline falls on a weekend or federal holiday. The
  report should be postmarked before that date.
\2\The July Quarterly Report is waived for committees filing the Georgia Pre-Primary Report. See 11 CFR
  104.5(a)(1)(iii) and (c)(1)(i)(C).
\3\Notice that this deadline falls on a weekend or federal holiday. Filing deadlines are not extended for
  weekends or holidays. Reports filed on paper or 3.5'' diskette must be received by the appropriate filing
  office(s) before the filing deadline.
\4\As an alternative, committees may file a consolidated Year-End/IL Pre-Primary Report covering 10/01/09-01/13/
  10 by January 21, 2010. PACs and party committees filing this report should file two reports: a Year-End
  report disclosing 2009 activity and a Pre-Primary report disclosing 2010 activity.
\5\The July Quarterly Report is waived for committees filing the Oklahoma Pre-Primary Report. See 11 CFR
  104.5(a)(1)(iii) and (c)(1)(i)(C).
\6\Notice that this deadline falls on a weekend or federal holiday. Filing deadlines are not extended for
  weekends or holidays. Reports filed on paper or 3.5'' diskette must be received by the appropriate filing
  office(s) before the filing deadline.
\7\The mailing deadline is the same as the filing deadline because the computed mailing deadline would fall one
  day before the primary is held.

                        The United States Senate

                     One Hundred Eleventh Congress

                  JOSEPH R. BIDEN, Jr., Vice President

                 ROBERT C. BYRD, President Pro Tempore

                       NANCY ERICKSON, Secretary

                  TERRANCE W. GAINER, Sergeant at Arms

             LULA JOHNSON DAVIS, Secretary for the Majority

             DAVID J. SCHIAPPA, Secretary for the Minority

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

                     (Democrats in roman; Republicans in italic; Independents in Small Caps)
----------------------------------------------------------------------------------------------------------------
              Name                            Residence                   Service from           Term expires
----------------------------------------------------------------------------------------------------------------
Daniel K. Akaka.................  Honolulu, HI....................  May 16, 1990             Jan. 3, 2013
Lamar Alexander.................  Nashville, TN...................  Jan. 7, 2003             Jan. 3, 2015
John Barrasso...................  Casper, WY......................  Jun. 25, 2007            Jan. 3, 2013
Max Baucus......................  Missoula, MT....................  Dec. 15, 1978            Jan. 3, 2015
Evan Bayh.......................  Indianapolis, IN................  Jan. 6, 1999             Jan. 3, 2011
Mark Begich.....................  East Anchorage, AK..............  Jan. 3, 2009             Jan. 3, 2015
Michael F. Bennet...............  Denver, CO......................  Jan. 22, 2009            Jan. 3, 2011
Robert F. Bennett...............  Salt Lake City, UT..............  Jan. 5, 1993             Jan. 3, 2011
Jeff Bingaman...................  Santa Fe, NM....................  Jan. 3, 1983             Jan. 3, 2013
Christopher S. Bond.............  Mexico, MO......................  Jan. 6, 1987             Jan. 3, 2011
Barbara Boxer...................  Greenbrae, CA...................  Jan. 5, 1993             Jan. 3, 2011
Scott P. Brown..................  Wrentham, MA....................  Feb. 4, 2010             Jan. 3, 2013
Sherrod Brown...................  Avon, OH........................  Jan. 3, 2007             Jan. 3, 2013
Sam Brownback...................  Topeka, KS......................  Nov. 7, 1996             Jan. 3, 2011
Jim Bunning.....................  Southgate, KY...................  Jan. 6, 1999             Jan. 3, 2011
Richard Burr....................  Winston-Salem, NC...............  Jan. 4, 2005             Jan. 3, 2011
Roland W. Burris................  Chicago, IL.....................  Jan. 15, 2009            Jan. 3, 2011
Robert C. Byrd..................  Sophia, WV......................  Jan. 3, 1959             Jan. 3, 2013
Maria Cantwell..................  Edmonds, WA.....................  Jan. 3, 2001             Jan. 3, 2013
Benjamin L. Cardin..............  Baltimore, MD...................  Jan. 3, 2007             Jan. 3, 2013
Thomas R. Carper................  Wilmington, DE..................  Jan. 3, 2001             Jan. 3, 2013
Robert P. Casey, Jr.............   Scranton, PA...................  Jan. 3, 2007             Jan. 3, 2013
Saxby Chambliss.................  Moultrie, GA....................  Jan. 7, 2003             Jan. 3, 2015
Tom Coburn......................  Muskogee, OK....................  Jan. 4, 2005              Jan. 3, 2011
Thad Cochran....................  Jackson, MS.....................  Dec. 27, 1978            Jan. 3, 2015
Susan M. Collins................  Bangor, ME......................  Jan. 7, 1997             Jan. 3, 2015
Kent Conrad.....................  Bismarck, ND....................  Jan. 6, 1987             Jan. 3, 2013
Bob Corker......................  Chattanooga, TN.................  Jan. 3, 2007             Jan. 3, 2013
John Cornyn.....................  San Antonio, TX.................  Dec. 2, 2002             Jan. 3, 2015
Michael D. Crapo................  Idaho Falls, ID.................  Jan. 6, 1999             Jan. 3, 2011
Jim DeMint......................  Greenville, SC..................  Jan. 4, 2005             Jan. 3, 2011
Christopher J. Dodd.............  Norwich, CT.....................  Jan. 5, 1981             Jan. 3, 2011
Byron L. Dorgan.................  Bismarck, ND....................  Dec. 14, 1992            Jan. 3, 2011
Richard J. Durbin...............  Springfield, IL.................  Jan. 3, 1997             Jan. 3, 2015
John Ensign.....................  Las Vegas, NV...................  Jan. 3, 2001             Jan. 3, 2013
Michael B. Enzi.................  Gillette, WY....................  Jan. 3, 1997             Jan. 3, 2015
Russell D. Feingold.............  Middleton, WI...................  Jan. 5, 1993             Jan. 3, 2011
Dianne Feinstein................  San Francisco, CA...............  Nov. 10, 1992            Jan. 3, 2013
Al Franken......................  Minneapolis, MN.................  Jul. 7, 2009             Jan. 3, 2015
Kirsten E. Gillibrand...........  Hudson, NY......................  Jan. 26, 2009            Jan. 3, 2013
Lindsey Graham..................  Seneca, SC......................  Jan. 7, 2003             Jan. 3, 2013
Chuck Grassley..................  New Hartford, IA................  Jan. 5, 1981             Jan. 3, 2011
Judd Gregg......................  Greenfield, NH..................  Jan. 5, 1983             Jan. 3, 2011
Kay R. Hagan....................  Greensboro, NC..................  Jan. 3, 2015             Jan. 3, 2015
Tom Harkin......................  Cumming, IA.....................  Jan. 3, 1985             Jan. 3, 2015
Orrin G. Hatch..................  Salt Lake City, UT..............  Dec. 30, 1976            Jan. 3, 2013
Kay Bailey Hutchison............  Dallas, TX......................  June 5, 1993             Jan. 3, 2013
James M. Inhofe.................  Tulsa, OK.......................  Nov. 16, 1994            Jan. 3, 2015
Daniel K. Inouye................  Honolulu, HI....................  Jan. 3, 1963             Jan. 3, 2011
Johnny Isakson..................  Marietta, GA....................  Jan. 4, 2005             Jan. 3, 2011
Mike Johanns....................  Omaha, NE.......................  Jan. 3, 2009             Jan. 3, 2015
Tim Johnson.....................  Vermillion, SD..................  Jan. 3, 1997             Jan. 3, 2015
Edward E. Kaufman...............  Wilmington, DE..................  Jan. 15, 2009            Jan. 3, 2015
John F. Kerry...................  Boston, MA......................  Jan. 2, 1985             Jan. 3, 2015
Amy Klobuchar...................  Minneapolis, MN.................  Jan. 3, 2007             Jan. 3, 2013
Herb Kohl.......................  Milwaukee, WI...................  Jan. 3, 1989             Jan. 3, 2013
Jon Kyl.........................  Phoenix, AZ.....................  Jan. 4, 1995             Jan. 3, 2013
Mary L. Landrieu................  Baton Rouge, LA.................  Jan. 3, 1997             Jan. 3, 2015
Frank R. Lautenberg.............  Cliffside Park, NJ..............  Jan. 7, 2003             Jan. 3, 2015
Patrick J. Leahy................  Burlington, VT..................  Jan. 3, 1975             Jan. 3, 2011
George S. LeMieux...............  Ft. Lauderdale, FL..............  Sept. 10, 2009           Jan. 3, 2011
Carl Levin......................  Detroit, MI.....................  Jan. 3, 1979             Jan. 3, 2015
Joseph I. Lieberman.............  New Haven, CT...................  Jan. 3, 1989             Jan. 3, 2013
Blanche L. Lincoln..............  Hughes, AR......................  Jan. 6, 1999             Jan. 3, 2011
Richard G. Lugar................  Indianapolis, IN................  Jan. 7, 1977             Jan. 3, 2013
John McCain.....................  Phoenix, AZ.....................  Jan. 6, 1987             Jan. 3, 2011
Claire McCaskill................  St. Louis, MO...................  Jan. 3, 2007             Jan. 3, 2013
Mitch McConnell.................  Louisville, KY..................  Jan. 3, 1985             Jan. 3, 2015
Robert Menendez.................  Hoboken, NJ.....................  Jan. 18, 2006            Jan. 3, 2013
Jeff Merkley....................  Portland, OR....................  Jan. 3, 2009             Jan. 3, 2015
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
Ben Nelson......................  Omaha, NE.......................  Jan. 3, 2001             Jan. 3, 2013
Bill Nelson.....................  Tallahassee, FL.................  Jan. 3, 2001             Jan. 3, 2013
Mark L. Pryor...................  Little Rock, AR.................  Jan. 7, 2003             Jan. 3, 2015
Jack Reed.......................  Cranston, RI....................  Jan. 3, 1997             Jan. 3, 2015
Harry Reid......................  Las Vegas, NV...................  Jan. 6, 1987             Jan. 3, 2011
James E. Risch..................  Boise, ID.......................  Jan. 3, 2009             Jan. 3, 2015
Pat Roberts.....................  Dodge City, KS..................  Jan. 3, 1997             Jan. 3, 2015
John D. Rockefeller IV..........  Charleston, WV..................  Jan. 15, 1985            Jan. 3, 2015
Bernard Sanders.................  Burlington, VT..................  Jan. 3, 2007             Jan. 3, 2013
Charles E. Schumer..............  Brooklyn, NY....................  Jan. 6, 1999             Jan. 3, 2011
Jeff Sessions...................  Mobile, AL......................  Jan. 3, 1997             Jan. 3, 2015
Jeanne Shaheen..................  Madbury, NH.....................  Jan. 3, 2009             Jan. 3, 2015
Richard C. Shelby...............  Tuscaloosa, AL..................  Jan. 6, 1987             Jan. 3, 2011
Olympia J. Snowe................  Auburn, ME......................  Jan. 4, 1995             Jan. 3, 2013
Arlen Specter...................  Philadelphia, PA................  Jan. 3, 1981             Jan. 3, 2011
Debbie Stabenow.................  Lansing, MI.....................  Jan. 3, 2001             Jan. 3, 2013
Jon Tester......................  Big Sandy, MT...................  Jan. 3, 2007             Jan. 3, 2013
John Thune......................  Pierre, SD......................  Jan. 4, 2005             Jan. 3, 2011
Mark Udall......................  Eldorado Springs, CO............  Jan. 3, 2009             Jan. 3, 2015
Tom Udall.......................  Santa Fe, NM....................  Jan. 3, 2009             Jan. 3, 2015
David Vitter....................  Metairie, LA....................  Jan. 3, 2005             Jan. 3, 2011
George V. Voinovich.............  Cleveland, OH...................  Jan. 6, 1999             Jan. 3, 2011
Mark Warner.....................  Alexandria, VA..................  Jan. 3, 2009             Jan. 3, 2015
Jim Webb........................  Falls Church, VA................  Jan. 3, 2007             Jan. 3, 2013
Sheldon Whitehouse..............  Newport, RI.....................  Jan. 3, 2007             Jan. 3, 2013
Roger F. Wicker.................  Tupelo, MS......................  Dec. 31, 2007            Jan. 3, 2013
Ron Wyden.......................  Portland, OR....................  Feb. 6, 1996             Jan. 3, 2011
----------------------------------------------------------------------------------------------------------------

              SENATORS IN THE ONE HUNDRED ELEVENTH CONGRESS

                                  2013

                                  class 1

Democrats (21):
    Akaka, Daniel...........................................Honolulu, HI
    Bingaman, Jeff..........................................Santa Fe, NM
    Brown, Sherrod..............................................Avon, OH
    Byrd, Robert C............................................Sophia, WV
    Cantwell, Maria..........................................Edmonds, WA
    Cardin, Benjamin.......................................Baltimore, MD
    Carper, Thomas R......................................Wilmington, DE
    Casey, Robert P., Jr....................................Scranton, PA
    Conrad, Kent............................................Bismarck, ND
    Feinstein, Dianne..................................San Francisco, CA
    Gillibrand, Kirsten.......................................Hudson, NY
    Klobuchar, Amy.......................................Minneapolis, MN
    Kohl, Herb.............................................Milwaukee, WI
    McCaskill, Claire......................................St. Louis, MO
    Menendez, Robert.........................................Hoboken, NJ
    Nelson, Ben................................................Omaha, NE
    Nelson, Bill.........................................Tallahassee, FL
    Stabenow, Debbie.........................................Lansing, MI
    Tester, Jon............................................Big Sandy, MT
    Webb, Jim...........................................Falls Church, VA
    Whitehouse, Sheldon......................................Newport, RI
Independents (2):
    Lieberman, Joseph I....................................New Haven, CT
    Sanders, Bernard......................................Burlington, VT
Republicans (10):
    Barrasso, John............................................Casper, WY
    Brown, Scott............................................Wrentham, MA
    Corker, Bob..........................................Chattanooga, TN
    Ensign, John...........................................Las Vegas, NV
    Hatch, Orrin G....................................Salt Lake City, UT
    Hutchison, Kay Bailey.....................................Dallas, TX
    Kyl, Jon.................................................Phoenix, AZ
    Lugar, Richard G....................................Indianapolis, IN
    Snowe, Olympia J..........................................Auburn, ME
    Wicker, Roger F...........................................Tupelo, MS

                                  2015

                                  class 2

Democrats (20):
    Baucus, Max.............................................Missoula, MT
    Begich, Mark......................................East Anchorage, AK
    Durbin, Richard J....................................Springfield, IL
    Franken, Al..........................................Minneapolis, MN
    Hagan, Kay R..........................................Greensboro, NC
    Harkin, Tom..............................................Cumming, IA
    Johnson, Tim..........................................Vermillion, SD
    Kaufman, Edward E.....................................Wilmington, DE
    Kerry, John F.............................................Boston, MA
    Landrieu, Mary L.....................................Baton Rouge, LA
    Lautenberg, Frank R...............................Cliffside Park, NJ
    Levin, Carl..............................................Detroit, MI
    Merkley, Jeff...........................................Portland, OR
    Pryor, Mark L........................................Little Rock, AR
    Reed, Jack..............................................Cranston, RI
    Rockefeller, John D. IV...............................Charleston, WV
    Shaheen, Jeanne..........................................Madbury, NH
    Udall, Mark.....................................Eldorado Springs, CO
    Udall, Tom..............................................Santa Fe, NM
    Warner, Mark R........................................Alexandria, VA
Republicans (13):
    Alexander, Lamar.......................................Nashville, TN
    Chambliss, Saxby........................................Moultrie, GA
    Cochran, Thad............................................Jackson, MS
    Collins, Susan M..........................................Bangor, ME
    Cornyn, John.........................................San Antonio, TX
    Enzi, Michael B.........................................Gillette, WY
    Graham, Lindsey...........................................Seneca, SC
    Inhofe, James M............................................Tulsa, OK
    Johanns, Mike..............................................Omaha, NE
    McConnell, Mitch......................................Louisville, KY
    Risch, James E.............................................Boise, ID
    Roberts, Pat..........................................Dodge City, KS
    Sessions, Jeff............................................Mobile, AL

                                  2011

                                  class 3

Democrats (16):
    Bayh, Evan..........................................Indianapolis, IN
    Bennet, Michael F.........................................Denver, CO
    Boxer, Barbara.........................................Greenbrae, CA
    Burris, Roland...........................................Chicago, IL
    Dodd, Christopher........................................Norwich, CT
    Dorgan, Byron L.........................................Bismarck, ND
    Feingold, Russell D....................................Middleton, WI
    Inouye, Daniel K........................................Honolulu, HI
    Leahy, Patrick J......................................Burlington, VT
    Lincoln, Blanche L........................................Hughes, AR
    Mikulski, Barbara A....................................Baltimore, MD
    Murray, Patty............................................Seattle, WA
    Reid, Harry............................................Las Vegas, NV
    Schumer, Charles E......................................Brooklyn, NY
    Specter, Arlen......................................Philadelphia, PA
    Wyden, Ron..............................................Portland, OR
Republicans (18):
    Bennett, Robert F.................................Salt Lake City, UT
    Bond, Christopher S.......................................Mexico, MO
    Brownback, Sam............................................Topeka, KS
    Bunning, Jim...........................................Southgate, KY
    Burr, Richard......................................Winston-Salem, NC
    Coburn, Tom.............................................Muskogee, OK
    Crapo, Mike..........................................Idaho Falls, ID
    DeMint, Jim...........................................Greenville, SC
    Grassley, Chuck.....................................New Hartford, IA
    Gregg, Judd...........................................Greenfield, NH
    Isakson, Johnny.........................................Marietta, GA
    LeMieux, George S.................................Ft. Lauderdale, FL
    McCain, John.............................................Phoenix, AZ
    Murkowski, Lisa........................................Anchorage, AK
    Shelby, Richard.......................................Tuscaloosa, AL
    Thune, John...............................................Pierre, SD
    Vitter, David...........................................Metairie, LA
    Voinovich, George V....................................Cleveland, OH

                                 democrats

2011..............................................................    16
2013..............................................................    21
2015..............................................................    20
                                                                  ______
  Total...........................................................    57

                                republicans

2011..............................................................    18
2013..............................................................    10
2015..............................................................    13
                                                                  ______
  Total...........................................................    41

                               independents

2013..............................................................     2

                                  totals

Republicans.......................................................    41
Democrats.........................................................    57
Independents......................................................     2
                                                                  ______
  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.

          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. 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.
Pub. L. 92-225, title III, Sec. 301, Feb. 7, 1972, 86 Stat. 11; 
            Pub. L. 93-443, title II, Sec. Sec. 201(a), 
            208(c)(1), Oct. 15, 1974, 88 Stat. 1272, 1286; Pub. 
            L. 94-283, title I, Sec. Sec. 102, 115(d), (h), May 
            11, 1976, 90 Stat. 478, 495, 496; Pub. L. 96-187, 
            title I, Sec. 101, Jan. 8, 1980, 93 Stat. 1339; 
            Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 
            2095; Pub. L. 106-346, Sec. 101(a) [title V, 
            Sec. 502(b)], Oct. 23, 2000, 114 Stat. 1356, 1356A-
            49; Pub. L. 107-155, title I, Sec. Sec. 101(b), 
            103(b)(1), title II, Sec. 211, title III, 
            Sec. 304(c), Mar. 27, 2002, 116 Stat. 85, 87, 92, 
            100.

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.

Pub. L. 92-225, title III, Sec. 302, Feb. 7, 1972, 86 Stat. 12; Pub. L. 93-
443, title II, Sec. Sec. 202, 208(c)(2), Oct. 15, 1974, 88 Stat. 1275, 
1286; Pub. L. 94-283, title I, Sec. 103, May 11, 1976, 90 Stat. 480; Pub. 
L. 96-187, title I, Sec. 102, Jan. 8, 1980, 93 Stat. 1345; Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 104-79, Sec. Sec. 1(b), 
3(a), Dec. 28, 1995, 109 Stat. 791, 792; Pub. L. 105-61, title VI, 
Sec. 637, Oct. 10, 1997, 111 Stat. 1316; Pub. L. 108-447, div. H, title V, 
Sec. 525, Dec. 8, 2004, 118 Stat. 3271.

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.
Pub. L. 92-225, title III, Sec. 303, Feb. 7, 1972, 86 Stat. 14; 
            Pub. L. 93-443, title II, Sec. Sec. 203, 208(c)(3), 
            Oct. 15, 1974, 88 Stat. 1276, 1286; Pub. L. 96-187, 
            title I, Sec. 103, Jan. 8, 1980, 93 Stat. 1347.

2 U.S.C. Sec. 434. Reporting requirements

    (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.
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                          (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.
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    \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.
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          (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 require 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 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))) 
                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.
    (i) Disclosure of Bundled Contributions.--
          (1) Required disclosure.--Each committee described in 
        paragraph (6) shall include in the first report 
        required to be filed under this section after each 
        covered period (as defined in paragraph (2)) a separate 
        schedule setting forth the name, address, and employer 
        of each person reasonably known by the committee to be 
        a person described in paragraph (7) who provided 2 or 
        more bundled contributions to the committee in an 
        aggregate amount greater than the applicable threshold 
        (as defined in paragraph (3)) during the covered 
        period, and the aggregate amount of the bundled 
        contributions provided by each such person during the 
        covered period.
          (2) Covered period.--In this subsection, a `covered 
        period' means, with respect to a committee--
                  (A) the period beginning January 1 and ending 
                June 30 of each year;
                  (B) the period beginning July 1 and ending 
                December 31 of each year; and
                  (C) any reporting period applicable to the 
                committee under this section during which any 
                person described in paragraph (7) provided 2 or 
                more bundled contributions to the committee in 
                an aggregate amount greater than the applicable 
                threshold.
          (3) Applicable threshold.--
                  (A) In general.--In this subsection, the 
                `applicable threshold' is $15,000, except that 
                in determining whether the amount of bundled 
                contributions provided to a committee by a 
                person described in paragraph (7) exceeds the 
                applicable threshold, there shall be excluded 
                any contribution made to the committee by the 
                person or the person's spouse.
                  (B) Indexing.--In any calendar year after 
                2007, section 315(c)(1)(B) shall apply to the 
                amount applicable under subparagraph (A) in the 
                same manner as such section applies to the 
                limitations established under subsections 
                (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such 
                section, except that for purposes of applying 
                such section to the amount applicable under 
                subparagraph (A), the `base period' shall be 
                2006.
          (4) Public availability.--The Commission shall ensure 
        that, to the greatest extent practicable--
                  (A) information required to be disclosed 
                under this subsection is publicly available 
                through the Commission website in a manner that 
                is searchable, sortable, and downloadable; and
                  (B) the Commission's public database 
                containing information disclosed under this 
                subsection is linked electronically to the 
                websites maintained by the Secretary of the 
                Senate and the Clerk of the House of 
                Representatives containing information filed 
                pursuant to the Lobbying Disclosure Act of 
                1995.
          (5) Regulations.--Not later than 6 months after the 
        date of enactment of the Honest Leadership and Open 
        Government Act of 2007, the Commission shall promulgate 
        regulations to implement this subsection. Under such 
        regulations, the Commission--
                  (A) may, notwithstanding paragraphs (1) and 
                (2), provide for quarterly filing of the 
                schedule described in paragraph (1) by a 
                committee which files reports under this 
                section more frequently than on a quarterly 
                basis;
                  (B) shall provide guidance to committees with 
                respect to whether a person is reasonably known 
                by a committee to be a person described in 
                paragraph (7), which shall include a 
                requirement that committees consult the 
                websites maintained by the Secretary of the 
                Senate and the Clerk of the House of 
                Representatives containing information filed 
                pursuant to the Lobbying Disclosure Act of 
                1995;
                  (C) may not exempt the activity of a person 
                described in paragraph (7) from disclosure 
                under this subsection on the grounds that the 
                person is authorized to engage in fundraising 
                for the committee or any other similar grounds; 
                and
                  (D) shall provide for the broadest possible 
                disclosure of activities described in this 
                subsection by persons described in paragraph 
                (7) that is consistent with this subsection.
          (6) Committees described.--A committee described in 
        this paragraph is an authorized committee of a 
        candidate, a leadership PAC, or a political party 
        committee.
          (7) Persons described.--A person described in this 
        paragraph is any person, who, at the time a 
        contribution is forwarded to a committee as described 
        in paragraph (8)(A)(i) or is received by a committee as 
        described in paragraph (8)(A)(ii), is--
                  (A) a current registrant under section 4(a) 
                of the Lobbying Disclosure Act of 1995;
                  (B) an individual who is listed on a current 
                registration filed under section 4(b)(6) of 
                such Act or a current report under section 
                5(b)(2)(C) of such Act; or
                  (C) a political committee established or 
                controlled by such a registrant or individual.
          (8) Definitions.--For purposes of this subsection, 
        the following definitions apply:
                  (A) Bundled contribution.--The term `bundled 
                contribution' means, with respect to a 
                committee described in paragraph (6) and a 
                person described in paragraph (7), a 
                contribution (subject to the applicable 
                threshold) which is--
                          (i) forwarded from the contributor or 
                        contributors to the committee by the 
                        person; or
                          (ii) received by the committee from a 
                        contributor or contributors, but 
                        credited by the committee or candidate 
                        involved (or, in the case of a 
                        leadership PAC, by the individual 
                        referred to in subparagraph (B) 
                        involved) to the person through 
                        records, designations, or other means 
                        of recognizing that a certain amount of 
                        money has been raised by the person.
                  (B) Leadership pac.--The term `leadership 
                PAC' means, with respect to a candidate for 
                election to Federal office or an individual 
                holding Federal office, a political committee 
                that is directly or indirectly established, 
                financed, maintained or controlled by the 
                candidate or the individual but which is not an 
                authorized committee of the candidate or 
                individual and which is not affiliated with an 
                authorized committee of the candidate or 
                individual, except that such term does not 
                include a political committee of a political 
                party.

Pub. L. 92-225, title III, Sec. 304, Feb. 7, 1972, 86 Stat. 14; Pub. L. 93-
443, title II, Sec. Sec. 204(a)-(d), 208(c)(4), Oct. 15, 1974, 88 Stat. 
1276-1278, 1286; Pub. L. 94-283, title I, Sec. 104, May 11, 1976, 90 Stat. 
480; Pub. L. 96-187, title I, Sec. 104, Jan. 8, 1980, 93 Stat. 1348; Pub. 
L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 104-79, 
Sec. Sec. 1(a), 3(b), Dec. 28, 1995, 109 Stat. 791, 792; Pub. L. 106-58, 
title VI, Sec. Sec. 639(a), 641(a), Sept. 29, 1999, 113 Stat. 476, 477; 
Pub. L. 106-346, Sec. 101(a) [title V, Sec. 502(a), (c)], Oct. 23, 2000, 
114 Stat. 1356, 1356A-49; Pub. L. 107-155, title I, Sec. 103(a), title II, 
Sec. Sec. 201(a), 212, title III, Sec. Sec. 304(b), 306, 308(b), title V, 
Sec. Sec. 501, 503, Mar. 27, 2002, 116 Stat. 87, 88, 93, 99, 102, 104, 114, 
115; Pub. L. 108-199, div. F, title VI, Sec. 641, Jan. 23, 2004, 118 Stat. 
359; Pub. L. 110-81, title II, Sec. 204(a), Sept. 14, 2007, 121 Stat. 744.

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.

Pub. L. 92-225, title III, Sec. 305, formerly Sec. 307, Feb. 7, 1972, 86 
Stat. 16; Pub. L. 93-443, title II, Sec. 208(c)(6), Oct. 15, 1974, 88 Stat. 
1286; renumbered Sec. 305 and amended Pub. L. 96-187, title I, 
Sec. Sec. 105(2), 112(a), Jan. 8, 1980, 93 Stat. 1354, 1366.

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. Sec. 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. Sec. 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.

Pub. L. 92-225, title III, Sec. 306, formerly Sec. 310, as added Pub. L. 
93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1280; renumbered 
Sec. 309 and amended Pub. L. 94-283, title I, Sec. Sec. 101(a)-(d), 105, 
May 11, 1976, 90 Stat. 475, 476, 481; renumbered Sec. 306 and amended Pub. 
L. 96-187, title I, Sec. Sec. 105(3), (6), 112(b), Jan. 8, 1980, 93 Stat. 
1354, 1366; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 
105-61, title V, Sec. 512(a), Oct. 10, 1997, 111 Stat. 1305.

2 U.S.C. Sec. 437d. Powers of 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.

Pub. L. 92-225, title III, Sec. 307, formerly Sec. 311, as added Pub. L. 
93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1282; renumbered 
Sec. 310 and amended Pub. L. 94-283, title I, Sec. Sec. 105, 107, 115(b), 
May 11, 1976, 90 Stat. 481, 495; renumbered Sec. 307 and amended Pub. L. 
96-187, title I, Sec. Sec. 105(3), 106, Jan. 8, 1980, 93 Stat. 1354, 1356; 
Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.

2 U.S.C. Sec. 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.

Pub. L. 92-225, title III, Sec. 308, formerly Sec. 313, as added Pub. L. 
93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1283; renumbered 
Sec. 312 and amended Pub. L. 94-283, title I, Sec. Sec. 105, 108(a), May 
11, 1976, 90 Stat. 481, 482; renumbered Sec. 308 and amended Pub. L. 96-
187, title I, Sec. Sec. 105(4), 107(a), Jan. 8, 1980, 93 Stat. 1354, 1357; 
Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.

2 U.S.C. Sec. 437g. Enforcement

    (a) Administrative and judicial practice and procedure.
          (1) Any person who believes a violation of this Act 
        or of chapter 95 or chapter 96 of title 26 has 
        occurred, may file a complaint with the Commission. 
        Such complaint shall be in writing, signed and sworn to 
        by the person filing such complaint, shall be 
        notarized, and shall be made under penalty of perjury 
        and subject to the provisions of section 1001 of title 
        18. 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.
          (iv) This subparagraph shall apply with respect to 
        violations that relate to reporting periods that begin 
        on or after January 1, 2000, and that end on or before 
        December 31, 2013.
          (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.

Pub. L. 92-225, title III, Sec. 390, formerly Sec. 314, as added Pub. L. 
93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1284; renumbered 
Sec. 313 and amended Pub. L. 94-283, title I, Sec. 105, 109, May 11, 1976, 
90 Stat. 481, 483; renumbered Sec. 309 and amended Pub. L. 96-187, title I, 
Sec. Sec. 105(4), 108, Jan. 8, 1980, 93 Stat. 1354, 1358; Pub. L. 98-620, 
title IV, Sec. 402(1)(A), Nov. 8, 1984, 98 Stat. 3357; Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 106-58, title VI, 
Sec. 640(a), (b), Sept. 29, 1999, 113 Stat. 476, 477; Pub. L. 107-155, 
title III, Sec. Sec. 312(a), 315(a), (b), Mar. 27, 2002, 116 Stat. 106, 108 
Pub. L. 110-433, Sec. 1(a), Oct. 16, 2008, 122 stat. 4971.

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

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

Pub. L. 92-225, title III, Sec. 310, formerly Sec. 315, as added Pub. L. 
93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1285; renumbered 
Sec. 314 and amended Pub. L. 94-283, title I, Sec. Sec. 105, 115(e), May 
11, 1976, 90 Stat. 481, 496; renumbered Sec. 310 and amended Pub. L. 96-
187, title I, Sec. Sec. 105(4), 112(c), Jan. 8, 1980, 93 Stat. 1354, 1366; 
Pub. L. 98-620, title IV, Sec. 402(1)(B), Nov. 8, 1984, 98 Stat. 3357; Pub. 
L. 100-352, Sec. 6(a), June 27, 1988, 102 Stat. 663.

2 U.S.C. Sec. 438. Administrative provisions

    (a) Duties of Commission. The Commission shall--
          (1) prescribe forms necessary to implement this Act;
          (2) prepare, publish, and furnish to all persons 
        required to file reports and statements under this Act 
        a manual recommending uniform methods of bookkeeping 
        and reporting;
          (3) develop a filing, coding, and cross-indexing 
        system consistent with the purposes of this Act.
          (4) within 48 hours after the time of the receipt by 
        the Commission of reports and statements filed with it, 
        make them available for public inspection, and copying, 
        at the expense of the person requesting such copying, 
        except that any information copied from such reports or 
        statements may not be sold or used by any person for 
        the purpose of soliciting contributions or for 
        commercial purposes, other than using the name and 
        address of any political committee to solicit 
        contributions from such committee. A political 
        committee may submit 10 pseudonyms on each report filed 
        in order to protect against the illegal use of names 
        and addresses of contributors, provided such committee 
        attaches a list of such pseudonyms to the appropriate 
        report. The Secretary or the Commission shall exclude 
        these lists from the public record;
          (5) keep such designations, reports, and statements 
        for a period of 10 years from the date of receipt, 
        except that designations, reports, and statements that 
        relate solely to candidates for the House of 
        Representatives shall be kept for 5 years from the date 
        of their receipt;
          (6)(A) compile and maintain a cumulative index of 
        designations, reports, and statements filed under this 
        Act, which index shall be published at regular 
        intervals and made available for purchase directly or 
        by mail;
          (B) compile, maintain, and revise a separate 
        cumulative index of reports and statements filed by 
        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.

Pub. L. 92-225, title III, Sec. 311, formerly Sec. 308, Feb. 7, 1972, 86 
Stat. 16; renumbered Sec. 316 and amended Pub. L. 93-443, title II, 
Sec. Sec. 208(a), (c)(7)-(10), 209(a)(1), (b), Oct. 15, 1974, 88 Stat. 
1279, 1286, 1287; renumbered Sec. 315 and amended Pub. L. 94-283, title I, 
Sec. Sec. 105, 110, May 11, 1976, 90 Stat. 481, 486; renumbered Sec. 311 
and amended Pub. L. 96-187, title I, Sec. Sec. 105(4), 109, Jan. 8, 1980, 
93 Stat. 1354, 1362; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; 
Pub. L. 104-79, Sec. 3(c), Dec. 28, 1995, 109 Stat. 792; Pub. L. 107-252, 
title VIII, Sec. 801(b), Oct. 29, 2002, 116 Stat. 1726.

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 timely manner.

Pub. L. 107-155, title V, Sec. 502, Mar. 27, 2002, 116 Stat. 115.

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.

Pub. L. 92-225, title III, Sec. 312, formerly Sec. 309, Feb. 7, 1972, 86 
Stat. 18; renumbered Sec. 317 and amended Pub. L. 93-443, title II, 
Sec. 208(a), (c)(11), Oct. 15, 1974, 88 Stat. 1279, 1287; renumbered 
Sec. 316, Pub. L. 94-283, title I, Sec. 105, May 11, 1976, 90 Stat. 481; 
renumbered Sec. 312 and amended Pub. L. 96-187, title I, Sec. Sec. 105(4), 
110, Jan. 8, 1980, 93 Stat. 1354, 1364; Pub. L. 104-79, Sec. 2, Dec. 28, 
1995, 109 Stat. 791.

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

    (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.
    (c) Restrictions on use of campaign funds for flights on 
noncommercial Aircraft.
          (1) In general. Notwithstanding any other provision 
        of this Act, a candidate for election for Federal 
        office (other than a candidate who is subject to 
        paragraph (2)), or any authorized committee of such a 
        candidate, may not make any expenditure for a flight on 
        an aircraft unless--
                  (A) the aircraft is operated by an air 
                carrier or commercial operator certificated by 
                the Federal Aviation Administration and the 
                flight is required to be conducted under air 
                carrier safety rules, or, in the case of travel 
                which is abroad, by an air carrier or 
                commercial operator certificated by an 
                appropriate foreign civil aviation authority 
                and the flight is required to be conducted 
                under air carrier safety rules; or
                  (B) the candidate, the authorized committee, 
                or other political committee pays to the owner, 
                lessee, or other person who provides the 
                airplane the pro rata share of the fair market 
                value of such flight (as determined by dividing 
                the fair market value of the normal and usual 
                charter fare or rental charge for a comparable 
                plane of comparable size by the number of 
                candidates on the flight) within a commercially 
                reasonable time frame after the date on which 
                the flight is taken.
          (2) House candidates. Notwithstanding any other 
        provision of the Act, in the case of a candidate for 
        election for the office of Representative in, or 
        Delegate or Resident Commissioner to, the Congress, an 
        authorized committee and a leadership PAC of the 
        candidate may not make any expenditure for a flight on 
        an aircraft unless--
                  (A) the aircraft is operated by an air 
                carrier or commercial operator certificated by 
                the Federal Aviation Administration and the 
                flight is required to be conducted under air 
                carrier safety rules, or, in the case of travel 
                which is abroad, by an air carrier or 
                commercial operator certificated by an 
                appropriate foreign civil aviation authority 
                and the flight is required to be conducted 
                under air carrier safety rules; or
                  (B) the aircraft is operated by an entity of 
                the Federal government or the government of any 
                State.
          (3) Exception for aircraft owned or leased by 
        candidate.
                  (A) In general. Paragraphs (1) and (2) do not 
                apply to a flight on an aircraft owned or 
                leased by the candidate involved or an 
                immediate family member of the candidate 
                (including an aircraft owned by an entity that 
                is not a public corporation in which the 
                candidate or an immediate family member of the 
                candidate has an ownership interest), so long 
                as the candidate does not use the aircraft more 
                than the candidate's or immediate family 
                member's proportionate share of ownership 
                allows.
                  (B) Immediate family member defined.--In this 
                subparagraph (A), the term `immediate family 
                member' means, with respect to a candidate, a 
                father, mother, son, daughter, brother, sister, 
                husband, wife, father-in-law, or mother-in-law.
          (4) Leadership pac defined.--In this subsection, the 
        term `leadership PAC' has the meaning given such term 
        in section 304(i)(8)(B).

Pub. L. 92-225, title III, Sec. 313, as added Pub. L. 107-155, title III, 
Sec. 301, Mar. 27, 2002, 116 Stat. 95; amended Pub. L. 108-447, div. H, 
title V, Sec. 532, Dec. 8, 2004, 118 Stat. 3272; Pub. L. 110-81, title VI, 
Sec. 601(a), Sept. 14, 2007, 121 Stat. 774.

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. 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.

Pub. L. 92-225, title III, Sec. 315, formerly Sec. 320, as added Pub. L. 
94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 486; renumbered 
Sec. 315, Pub. L. 96-187, title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 
1354; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. 
L. 107-155, title I, Sec. 103, title II, Sec. 202, 213, 214(a), title III, 
Sec. Sec. 304(a), 307(a)-(d), 316, 319(b), Mar 27, 2002, 116 Stat. 86, 90, 
94, 97, 102, 103, 108, 112.

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).

Pub. L. 92-225, title III, Sec. 315A, as added Pub. L. 107-155, title III, 
Sec. 315A, as added Pub. L. 107-155, title III, Sec. 319(a), Mar. 27, 2002, 
116 Stat. 109.

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 people 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)).

Pub. L. 92-225, title III, Sec. 316, formerly Sec. 321, as added Pub. L. 
94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 490; renumbered 
Sec. 316 and amended Pub. L. 96-187, title I, Sec. Sec. 105(5), 112(d), 
Jan. 8, 1980, 93 Stat. 1354, 1366; Pub. L. 107-155, title II, 
Sec. Sec. 203, 204, 214(d), Mar. 27, 2002, 116 Stat. 91, 92, 95.

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.

Pub. L. 92-225, title III, Sec. 317, formerly Sec. 322, as added Pub. L. 
94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 492; renumbered 
Sec. 317, Pub. L. 96-187, title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 
1354.

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.

Pub. L. 92-225, title III, Sec. 318, formerly Sec. 323, as added Pub. L. 
94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 493; renumbered 
Sec. 318 and amended Pub. L. 96-187, title I, Sec. Sec. 105(5), 111, Jan. 
8, 1980, 93 Stat. 1354, 1365; Pub. L. 107-155, title III, Sec. 311, Mar. 
27, 2002, 116 Stat. 105.

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.

Pub. L. 92-225, title III, Sec. 319, formerly Sec. 324, as added Pub. L. 
94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 493; renumbered 
Sec. 319, Pub. L. 96-187, title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 
1354; amended Pub. L. 107-155, title III, Sec. Sec. 303, 317, Mar. 27, 
2002, 116 Stat. 96, 109.

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

    No person shall make a contribution in the name of another 
person or knowingly permit his name to be used to effect such a 
contribution and no person shall knowingly accept a 
contribution made by one person in the name of another person.

Pub. L. 92-225, title III, Sec. 320, formerly Sec. 325, as added Pub. L. 
94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 494; renumbered 
Sec. 320, Pub. L. 96-187, title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 
1354.

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

    No person shall make contributions of currency of the 
United States or currency of any foreign country to or for the 
benefit of any candidate which, in the aggregate, exceed $100, 
with respect to any campaign of such candidate for nomination 
for election, or for election, to Federal office.

Pub. L. 92-225, title III, Sec. 321, formerly Sec. 326, as added Pub. L. 
94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 494; renumbered 
Sec. 321, Pub. L. 96-187, title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 
1354.

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).

Pub. L. 92-225, title III, Sec. 322, formerly Sec. 327, as added Pub. L. 
94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 494; renumbered 
Sec. 322, Pub. L. 96-187, title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 
1354; amended Pub. L. 107-155, title III, Sec. 309, 317, Mar. 27, 2002, 116 
Stat. 104.

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.

Pub. L. 92-225, title III, Sec. 323, as added Pub. L. 107-155, title I, 
Sec. 101(a), Mar. 27, 2002, 116 Stat. 82.

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.

Pub. L. 92-225, title III, Sec. 324, as added Pub. L. 107-155, title III, 
Sec. 318, Mar. 27, 2002, 116 Stat. 109.

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

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

Pub. L. 92-342, Sec. 101, July 10, 1972, 86 Stat. 435.

                   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.

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

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

    No part of any funds appropriated to carry out the Economic 
Opportunity Act of 1964 (42 U.S.C. 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.

Pub. L. 92-225, title IV, Sec. 402, Feb. 7, 1972, 86 Stat. 19; Pub. L. 93-
443, title II, Sec. 201(b)(2), Oct. 15, 1974, 88 Stat. 1275.

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

    (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.

Pub. L. 92-225, title IV, Sec. 403, Feb. 7, 1972, 86 Stat. 20; Pub. L. 93-
443, title III, Sec. 301, Oct. 15, 1974, 88 Stat. 1289; Pub. L. 107-155, 
title I, Sec. 103(b)(2), Mar. 27, 2002, 116 Stat. 87.

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

    If any provision of this Act, or the application thereof to 
any person or circumstance, is held invalid, the validity of 
the remainder of the Act and the application of such provision 
to other persons and circumstances shall not be affected 
thereby.

Pub. L. 92-225, title IV, Sec. 404, Feb. 7, 1972, 86 Stat. 20.

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

    (a) No person shall be prosecuted, tried, or punished for 
any violation of subchapter I of this chapter, unless the 
indictment is found or the information is instituted within 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.

Pub. L. 92-225, title IV, Sec. 406, as added Pub. L. 93-443, title III, 
Sec. 302, Oct. 15, 1974, 88 Stat. 1289; amended Pub. L. 94-283, title I, 
Sec. 115(f), May 11, 1976, 90 Stat. 496; Pub. L. 107-155, title III, 
Sec. 313(a), Mar. 27, 2002, 116 Stat. 106.
       D. FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

                              ----------                              


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

    (a) Within thirty days of assuming the position of an 
officer or employee described in subsection (f), an individual 
shall file a report containing the information described in 
section 102(b) 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 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). 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) 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, 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). 
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).
    (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) 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 
        Regulatory 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);
          (10) an officer or employee of the Congress as 
        defined under section 109(13);
          (11) a judicial officer as defined under section 
        109(10); and
          (12) a judicial employee as defined under section 
        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; Pub. L. 109-435, 
            title VI, Sec. 604(c), Dec. 20, 2006, 120 Stat. 
            3241.

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

    (a) Each report filed pursuant to section 101(d) and (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, 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 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, a 
reporting individual may indicate the exact dollar amount of 
such item.
    (c) In the case of any individual described in section 
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 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.
    (h) A report filed pursuant to subsection (a), (d), or (e) 
of section 101 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 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); 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.
Pub. L. 95-521, title I, Sec. 102; Oct. 26, 1978, 92 Stat. 
            1825; Pub. L. 96-19, Sec. Sec. 3(a)(1), (b), 6(a), 
            7(a)-(d)(1), (f), 9(b), (c)(1), (j), June 13, 1979, 
            93 Stat. 39-43; Pub. L. 97-51, Sec. 130(b), Oct. 1, 
            1981, 95 Stat. 966; Pub. L. 98-150, Sec. 10, Nov. 
            11, 1983, 97 Stat. 962; Pub. L. 101-194, title II, 
            Sec. 202, Nov. 30, 1989, 103 Stat. 1727; Pub. L. 
            101-280, Sec. 3(3), May 4, 1990, 104 Stat. 152; 
            Pub. L. 102-90, title III, Sec. 314(a), Aug. 14, 
            1991, 105 Stat. 469; Pub. L. 104-65, Sec. Sec. 20, 
            22(a), (b), Dec. 19, 1995, 109 Stat. 704, 705.

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

    (a) Except as otherwise provided in this section, the 
reports required under this title 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), 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, 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 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 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.
    (e) Each individual identified in section 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 
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.
    (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, United States 
        Capitol Police, 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 Government 
        Accountability Office, the Office of Technology 
        Assessment, or the Office of the Attending Physician 
        (including any individual terminating service, under 
        section 101(2), 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 Senator; and
          (ii) in the case of an officer or employee of the 
        Congress as described under section 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--
                  (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) (including individuals 
        terminating service in such office or position under 
        section 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 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 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 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 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 
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 I, Sec. 103, Oct. 26, 1978, 92 Stat. 
            1831; Pub. L. 96-19, Sec. Sec. 4(b)(2), 9(a), June 
            13, 1979, 93 Stat. 40, 42; Pub. L. 101-194, title 
            II, Sec. 202, Nov. 30, 1989, 103 Stat. 1736; Pub. 
            L. 101-280, Sec. 3(1), (4), May 4, 1990, 104 Stat. 
            152, 153; Pub. L. 102-90, title III, Sec. 313(1), 
            Aug. 14, 1991, 105 Stat. 469; Pub. L. 104-186, 
            title II, Sec. 216(1), Aug. 20, 1996, 110 Stat. 
            1747; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 
            Stat. 814; Pub. L. 109-55, title I, Sec. 1003(a), 
            Aug. 2, 2005, 119 Stat. 572.

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

    (a)(1) 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 The 
court in which such action is brought may assess against such 
individual a civil penalty in any amount, not to exceed 
$50,000.
    (2)(A) It shall be unlawful for any person to knowingly and 
willfully--
          (i) falsify any information that such person is 
        required to report under sectin 102; and
          (ii) fail to file or report any information that such 
        person is required to report under section 102.
    (B) Any person who--
          (i) violates subparagraph (A)(i) shall be fined under 
        title 18, United States Code imprisoned for not more 
        than 1 year, or both; and
          (ii) violates subparagraph (A)(ii) shall be fined 
        under title 18, United States Code.
    (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 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 and the rules 
        and regulations promulgated thereunder; or
          (B) if a filing extension is granted to such 
        individual under section 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 I, Sec. 104, Oct. 26, 1978, 92 Stat. 
            1832; Pub. L. 96-19, Sec. 8(a), June 13, 1979, 93 
            Stat. 41; Pub. L. 101-194, title II, Sec. 202, Nov. 
            30, 1989, 103 Stat. 1737; Pub. L. 101-280, 
            Sec. 3(1), (5), May 4, 1990, 104 Stat. 152, 154; 
            Pub. L. 101-650, title IV, Sec. 405, Dec. 1, 1990, 
            104 Stat. 5124; Pub. L. 110-81, title VII, 
            Sec. 702, Sept. 14, 2007, 121 Stat. 775.

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

    (a) Each agency, each supervising ethics office in the 
executive or judicial branch, the Clerk of the House of 
Representatives, and the Secretary of the Senate shall make 
available to the public, in accordance with subsection (b), 
each report filed under this title with such agency or office 
or with the Clerk or the Secretary of the Senate, except that--
          (1) this section does not require public availability 
        of a report filed by any individual in the Office of 
        the Director of National Intelligence, the Central 
        Intelligence Agency, the Defense Intelligence Agency, 
        or the National Geospatial-Intelligence 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''.
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          (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 .
    (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 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 or a family member 
of 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 or a family member of that 
        individual; 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;
          (iii) the types of threats against individuals whose 
        reports are redacted, if appropriate;
          (iv) the nature or type of information redacted;
          (v) what steps or procedures are in place to ensure 
        that sufficient information is available to litigants 
        to determine if there is a conflict of interest;
          (vi) principles used to guide implementation of 
        redaction authority; and
          (vii) any public complaints received relating to 
        redaction.
    (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, 2011, and 
apply to filings through calendar year 2011.
    (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 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) and was not 
subsequently confirmed by the Senate, or who filed the report 
pursuant to section 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 I, Sec. 105; Oct. 26, 1978, 92 Stat. 
            1833; Pub. L. 101-194, title II, Sec. 202, Nov. 30, 
            1989, 103 Stat. 1737; Pub. L. 101-280, Sec. 3(6), 
            May 4, 1990, 104 Stat. 154; Pub. L. 102-90, title 
            III, Sec. 313(2), Aug. 14, 1991, 105 Stat. 469; 
            Pub. L. 103-359, title V, Sec. 501(m), Oct. 14, 
            1994, 108 Stat. 3430; Pub. L. 104-201, div. A, 
            title XI, Sec. 1122(b)(2), Sept. 23, 1996, 110 
            Stat. 2687; Pub. L. 105-318, Sec. 7, Oct. 30, 1998, 
            112 Stat. 3011; Pub. L. 107-126, Jan. 16, 2002, 115 
            Stat. 2404; Pub. L. 108-136, div. A, title IX, 
            Sec. 921(g), Nov. 24, 2003, 117 Stat. 1570; Pub. L. 
            108-458, title I, Sec. 1079(c), Dec. 17, 2004; 118 
            Stat. 3696; Pub. L. 110-24, Sec. Sec. 2, 3, May 3, 
            2007, 121 Stat. 100; Pub. L. 110-177, title I, 
            Sec. 104, Jan. 7, 2008; 121 Stat. 2535.

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

    (a)(1) Each designated agency ethics official or Secretary 
concerned shall make provisions to ensure that each report 
filed with him under this title 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 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 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 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 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.
Pub. L. 95-521, title I, Sec. 106; Oct. 26, 1978, 92 Stat. 
            1833; Pub. L. 101-194, title II, Sec. 202, Nov. 30, 
            1989, 103 Stat. 1739; Pub. L. 101-280, Sec. 3(1), 
            (7), May 4, 1990, 104 Stat. 152, 155.

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

    (a)(1) Each supervising ethics office may require officers 
and employees under its jurisdiction (including special 
Government employees as defined in section 202 of title 18, 
United States Code) to file confidential financial disclosure 
reports, in such form as the supervising ethics office may 
prescribe. The information required to be reported under this 
subsection by the officers and employees of any department or 
agency shall be set forth in rules or regulations prescribed by 
the supervising ethics office, and may be less extensive than 
otherwise required by this title 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 
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. Subsections (a), (b), and (d) of section 105 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 from such requirement.
    (b) The provisions of this title 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 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 I, Sec. 107; Oct. 26, 1978, 92 Stat. 
            1834; Pub. L. 96-19, Sec. 9(d), (g), June 13, 1979, 
            93 Stat. 42, 43; Pub. L. 101-194, title II, 
            Sec. 202, Nov. 30, 1989, 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 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 I, Sec. 108; Oct. 26, 1978, 92 Stat. 
            1835; Pub. L. 96-19, Sec. 9(t), June 13, 1979, 93 
            Stat. 44; Pub. L. 101-194, title II, Sec. 202, Nov. 
            30, 1989, 103 Stat. 1741.

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

    For the purposes of this title, 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;
          (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;
          (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 (except any officer or 
                employee of the Government Accountability 
                Office) 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) each officer or employee of the 
                Government Accountability Office who, for at 
                least 60 consecutive days, occupies a position 
                for which the rate of basic pay, minus the 
                amount of locality pay that would have been 
                authorized under section 5304 of title 5, 
                United States Code (had the officer or employee 
                been paid under the General Schedule) for the 
                locality within which the position of such 
                officer or employee is located (as determined 
                by the Comptroller General), is equal to or 
                greater than 120 percent of the minimum rate of 
                basic pay payable for GS-15 of the General 
                Schedule; and
                  (iii) 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;
                  (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;
                  (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; Pub. L. 105-368, title V, Subtitle B, 
Sec. 512(b)(1)(D), Nov. 11, 1998, 112 Stat. 3342; Pub. L. 110-
323, Sec. 7, Sept. 22, 2008, 122 Stat. 3547.

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 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);
          (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); 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 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 or the 
                Election Assistance 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;
                  (XIII) the National Geospatial-Intelligence 
                Agency; or
                  (XIV) the Office of the Director of National 
                Intelligence; or
          (ii) a person employed in a position described under 
        section 3132(a)(4), 5372, or 5372a or 5372b of title 5, 
        United States Code.
    (3) No employee of the Criminal Division or National 
Security 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; 
            Pub. L. 106-554, Sec. 1(a)(3), Dec. 21, 2000, 114 
            Stat. 2763; Pub. L. 107-252, title VIII, Subtitle 
            B, Sec. 811(a), Oct. 29, 2002, 116 Stat. 1727; Pub. 
            L. 108-458, title I, Subtitle G, Sec. 1079(a), Dec. 
            17, 2004, 118 Stat. 3695; Pub. L. 109-177, title V, 
            Sec. 506(b)(2), March 9, 2006, 120 Stat. 249; Pub. 
            L. 110-417, Div. A, title IX, Subtitle D, 
            Sec. 931(a)(1), Oct. 14, 2008, 122 Stat. 4575.

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.
    (4) Nothing in this section precludes an employee of a 
private sector organization, while assigned to an agency under 
chapter 37, from continuing to receive pay and benefits from 
such organization in accordance with such chapter.
    (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; Pub. L. 107-347, title II, 
            Sec. 209(g)(1)(C), Dec. 17, 2002, 116 Stat. 2932.
  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. Sec. 501. Outside earned income limitation

    (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. 201. Bribery of public officials and witnesses

    (a) For the purpose of this section--
          (1) the term ``public official'' means Member of 
        Congress, Delegate, or Resident Commissioner, either 
        before or after such official has qualified, or an 
        officer or employee or person acting for or on behalf 
        of the United States, or any department, agency or 
        branch of Government thereof, including the District of 
        Columbia, in any official function, under or by 
        authority of any such department, agency, or branch of 
        Government, or a juror;
          (2) the term ``person who has been selected to be a 
        public official'' means any person who has been 
        nominated or appointed to be a public official, or has 
        been officially informed that such person will be so 
        nominated or appointed; and
          (3) the term ``official act'' means any decision or 
        action on any question, matter, cause, suit, proceeding 
        or controversy, which may at any time be pending, or 
        which may by law be brought before any public official, 
        in such official's official capacity, or in such 
        official's place of trust or profit.
    (b) Whoever--
          (1) directly or indirectly, corruptly gives, offers 
        or promises anything of value to any public official or 
        person who has been selected to be a public official, 
        or offers or promises any public official or any person 
        who has been selected to be a public official to give 
        anything of value to any other person or entity, with 
        intent--
                  (A) to influence any official act; or
                  (B) to influence such public official or 
                person who has been selected to be a public 
                official to commit or aid in committing, or 
                collude in, or allow, any fraud, or make 
                opportunity for the commission of any fraud, on 
                the United States; or
                  (C) to induce such public official or such 
                person who has been selected to be a public 
                official to do or omit to do any act in 
                violation of the lawful duty of such official 
                or person;
          (2) being a public official or person selected to be 
        a public official, directly or indirectly, corruptly 
        demands, seeks, receives, accepts, or agrees to receive 
        or accept anything of value personally or for any other 
        person or entity, in return for--
                  (A) being influenced in the performance of 
                any official act;
                  (B) being influenced to commit or aid in 
                committing, or to collude in, or allow, any 
                fraud, or make opportunity for the commission 
                of any fraud, on the United States; or
                  (C) being induced to do or omit to do any act 
                in violation of the official duty of such 
                official or person;
          (3) directly or indirectly, corruptly gives, offers, 
        or promises anything of value to any person, or offers 
        or promises such person to give anything of value to 
        any other person or entity, with intent to influence 
        the testimony under oath or affirmation of such first-
        mentioned person as a witness upon a trial, hearing, or 
        other proceeding, before any court, any committee of 
        either House or both Houses of Congress, or any agency, 
        commission, or officer authorized by the laws of the 
        United States to hear evidence or take testimony, or 
        with intent to influence such person to absent himself 
        therefrom;
          (4) directly or indirectly, corruptly demands, seeks, 
        receives, accepts, or agrees to receive or accept 
        anything of value personally or for any other person or 
        entity in return for being influenced in testimony 
        under oath or affirmation as a witness upon any such 
        trial, hearing, or other proceeding, or in return for 
        absenting himself therefrom;
        shall be fined under this title or not more than three 
        times the monetary equivalent of the thing of value, 
        whichever is greater, or imprisoned for not more than 
        fifteen years, or both, and may be disqualified from 
        holding any office of honor, trust, or profit under the 
        United States.
    (c) Whoever--
          (1) otherwise than as provided by law for the proper 
        discharge of official duty--
                  (A) directly or indirectly gives, offers, or 
                promises anything of value to any public 
                official, former public official, or person 
                selected to be a public official, for or 
                because of any official act performed or to be 
                performed by such public official, former 
                public official, or person selected to be a 
                public official; or
                  (B) being a public official, former public 
                official, or person selected to be a public 
                official, otherwise than as provided by law for 
                the proper discharge of official duty, directly 
                or indirectly demands, seeks, receives, 
                accepts, or agrees to receive or accept 
                anything of value personally for or because of 
                any official act performed or to be performed 
                by such official or person;
          (2) directly or indirectly, gives, offers, or 
        promises anything of value to any person, for or 
        because of the testimony under oath or affirmation 
        given or to be given by such person as a witness upon a 
        trial, hearing, or other proceeding, before any court, 
        any committee of either House or both Houses of 
        Congress, or any agency, commission, or officer 
        authorized by the laws of the United States to hear 
        evidence or take testimony, or for or because of such 
        person's absence therefrom;
          (3) directly or indirectly, demands, seeks, receives, 
        accepts, or agrees to receive or accept anything of 
        value personally for or because of the testimony under 
        oath or affirmation given or to be given by such person 
        as a witness upon any such trial, hearing, or other 
        proceeding, or for or because of such person's absence 
        therefrom;
        shall be fined under this title or imprisoned for not 
        more than two years, or both.
    (d) Paragraphs (3) and (4) of subsection (b) and paragraphs 
(2) and (3) of subsection (c) shall not be construed to 
prohibit the payment or receipt of witness fees provided by 
law, or the payment, by the party upon whose behalf a witness 
is called and receipt by a witness, of the reasonable cost of 
travel and subsistence incurred and the reasonable value of 
time lost in attendance at any such trial, hearing, or 
proceeding, or in the case of expert witnesses, a reasonable 
fee for time spent in the preparation of such opinion, and in 
appearing and testifying.
    (e) The offenses and penalties prescribed in this section 
are separate from and in addition to those prescribed in 
sections 1503, 1504, and 1505 of this title.
Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1119; 
            amended Pub. L. 91-405, title II, Sec. 204(d)(1), 
            Sept. 22, 1970, 84 Stat. 853; Pub. L. 99-646, Sec. 
            46(a)-(1), Nov. 10, 1986, 100 Stat. 3601-3604; Pub. 
            L. 103-322, title XXXIII, Secs. 330011(b), 
            330016(2)(D), Sept. 13, 1994, 108 Stat. 2144, 2148.

18 U.S.C. Sec. 202. Definitions

    (a) For the purpose of sections 203, 205, 207, 208, and 209 
of this title the term ``special Government employee'' shall 
mean an officer or employee of the executive or legislative 
branch of the United States Government, of any independent 
agency of the United States or of the District of Columbia, who 
is retained, designated, appointed, or employed to perform, 
with or without compensation, for not to exceed one hundred and 
thirty days during any period of three hundred and sixty-five 
consecutive days, temporary duties either on a full-time or 
intermittent basis, a part-time United States commissioner, a 
part-time United States magistrate judge, or, regardless of the 
number of days of appointment, an independent counsel appointed 
under chapter 40 of title 28 and any person appointed by that 
independent counsel under section 594(c) of title 28. 
Notwithstanding the next preceding sentence, every person 
serving as a part-time local representative of a Member of 
Congress in the Member's home district or State shall be 
classified as a special Government employee. Notwithstanding 
section 29(c) and (d)\1\ of the Act of August 10, 1956 (70A 
Stat. 632; 5 U.S.C. 30r(c) and (d)), a Reserve officer of the 
Armed Forces, or an officer of the National Guard of the United 
States, unless otherwise an officer or employee of the United 
States, shall be classified as a special Government employee 
while on active duty solely for training. A Reserve officer of 
the Armed Forces or an officer of the National Guard of the 
United States who is voluntarily serving a period of extended 
active duty in excess of one hundred and thirty days shall be 
classified as an officer of the United States within the 
meaning of section 203 and sections 205 through 209 and 218. A 
Reserve officer of the Armed Forces or an officer of the 
National Guard of the United States who is serving 
involuntarily shall be classified as a special Government 
employee. The terms ``officer or employee'' and special 
Government employee'' as used in sections 203, 205, 207 through 
209, and 218, shall not include enlisted members of the Armed 
Forces.
    (b) For the purposes of sections 205 and 207 of this title, 
the term ``official responsibility'' means the direct 
administrative or operating authority, whether intermediate or 
final, and either exercisable alone or with others, and either 
personally or through subordinates, to approve, disapprove, or 
otherwise direct Government action.
    (c) Except as otherwise provided in such sections, the 
terms ``officer'' and ``employee'' in sections 203, 205, 207 
through 209, and 218 of this title shall not include the 
President, the Vice President, a Member of Congress, or a 
Federal judge.
    (d) The term ``Member of Congress'' in sections 204 and 207 
means--
          (1) a United States Senator; and
          (2) a Representative in, or a Delegate or Resident 
        Commissioner to, the House of Representatives.
    (e) As used in this chapter, the term--
          (1) ``executive branch'' includes each executive 
        agency as defined in title 5, and any other entity or 
        administrative unit in the executive branch;
          (2) ``judicial branch'' means the Supreme Court of 
        the United States; the United States courts of appeals; 
        the United States district courts; the Court of 
        International Trade; the United States bankruptcy 
        courts; any court created pursuant to article I of the 
        United States Constitution, including the Court of 
        Appeals for the Armed Forces, the United States Court 
        of Federal Claims, and the United States Tax Court, but 
        not including a court of a territory or possession of 
        the United States; the Federal Judicial Center; and any 
        other agency, office, or entity in the judicial branch; 
        and
          (3) ``legislative branch'' means--
                  (A) the Congress; and
                  (B) the Office of the Architect of the 
                Capitol, the United States Botanic Garden, the 
                Government Accountability Office, the 
                Government Printing Office, the Library of 
                Congress, the Office of Technology Assessment, 
                the Congressional Budget Office, the United 
                States Capitol Police, and any other agency, 
                entity, office, or commission established in 
                the legislative branch.
Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1121; 
            amended Pub. L. 90-578, title III, Sec. 301(b), 
            Oct. 17, 1968, 82 Stat. 1115; Pub. L. 100-191, Sec. 
            3(a), Dec. 15, 1987, 101 Stat. 1306; Pub. L. 101-
            194, title IV, Sec. 401, Nov. 30, 1989, 103 Stat. 
            1747; Pub. L. 101-280, Sec. 5(a), May 4, 1990, 104 
            Stat. 158; Pub. L. 101-650, title III, Sec. 321, 
            Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102-572, 
            title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 
            4516; Pub. L. 103-337, div. A, title IX, Sec. 
            924(d)(1)(B), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 
            108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.

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

    (a) Whoever, otherwise than as provided by law for the 
proper discharge of official duties, directly or indirectly--
          (1) demands, seeks, receives, accepts, or agrees to 
        receive or accept any compensation for any 
        representational services, as agent or attorney or 
        otherwise, rendered or to be rendered either personally 
        or by another--
                  (A) at a time when such person is a Member of 
                Congress, Member of Congress Elect, Delegate, 
                Delegate Elect, Resident Commissioner, or 
                Resident Commissioner Elect; or
                  (B) at a time when such person is an officer 
                or employee or Federal judge of the United 
                States in the executive, legislative, or 
                judicial branch of the Government, or in any 
                agency of the United States,

        in relation to any proceeding, application, request for 
        a ruling or other determination, contract, claim, 
        controversy, charge, accusation, arrest or other 
        particular matter in which the United States is a party 
        or has a direct and substantial interest, before any 
        department, agency, court, court-martial, officer, or 
        any civil, military, or naval commission; or
          (2) knowingly gives, promises, or offers any 
        compensation for any such representational services 
        rendered or to be rendered at a time when the person to 
        whom the compensation is given, promised, or offered, 
        is or was such a Member, Member Elect, Delegate, 
        Delegate Elect, Commissioner, Commissioner Elect, 
        Federal judge, officer, or employee;

        shall be subject to the penalties set forth in section 
        216 of this title.
    (b) Whoever, otherwise than as provided by law for the 
proper discharge of official duties, directly or indirectly--
          (1) demands, seeks, receives, accepts, or agrees to 
        receive or accept any compensation for any 
        representational services, as agent or attorney or 
        otherwise, rendered or to be rendered either personally 
        or by another, at a time when such person is an officer 
        or employee of the District of Columbia, in relation to 
        any proceeding, application, request for a ruling or 
        other determination, contract, claim, controversy, 
        charge, accusation, arrest, 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. 216. Penalties and injunctions

    (a) The punishment for an offense under section 203, 204, 
205, 207, 208, or 209 of this title is the following:
          (1) Whoever engages in the conduct constituting the 
        offense shall be imprisoned for not more than one year 
        or fined in the amount set forth in this title, or 
        both.
          (2) Whoever willfully engages in the conduct 
        constituting the offense shall be imprisoned for not 
        more than five years or fined in the amount set forth 
        in this title, or both.
    (b) The Attorney General may bring a civil action in the 
appropriate United States district court against any person who 
engages in conduct constituting an offense under section 203, 
204, 205, 207, 208, or 209 of this title and, upon proof of 
such conduct by a preponderance of the evidence, such person 
shall be subject to a civil penalty of not more than $50,000 
for each violation or the amount of compensation which the 
person received or offered for the prohibited conduct, 
whichever amount is greater. The imposition of a civil penalty 
under this subsection does not preclude any other criminal or 
civil statutory, common law, or administrative remedy, which is 
available by law to the United States or any other person.
    (c) If the Attorney General has reason to believe that a 
person is engaging in conduct constituting an offense under 
section 203, 204, 205, 207, 208, or 209 of this title, the 
Attorney General may petition an appropriate United States 
district court for an order prohibiting that person from 
engaging in such conduct. The court may issue an order 
prohibiting that person from engaging in such conduct if the 
court finds that the conduct constitutes such an offense. The 
filing of a petition under this section does not preclude any 
other remedy which is available by law to the United States or 
any other person.
Added Pub. L. 101-194, title IV, Sec. 407(a), Nov. 30, 1989, 
            103 Stat. 1753; amended Pub. L. 101-280, Sec. 5(f), 
            May 4, 1990, 104 Stat. 159.

18 U.S.C. Sec. 219. Officers and employees acting as agents of foreign 
                    principals

    (a) Whoever, being a public official, is or acts as an 
agent of a foreign principal required to register under the 
Foreign Agents Registration Act of 1938 or a lobbyist required 
to register under the Lobbying Disclosure Act of 1995 in 
connection with the representation of a foreign entity, as 
defined in section 3(6) of that Act shall be fined under this 
title or imprisoned for not more than two years, or both.
    (b) Nothing in this section shall apply to the employment 
of any agent of a foreign principal as a special Government 
employee in any case in which the head of the employing agency 
certifies that such employment is required in the national 
interest. A copy of any certification under this paragraph 
shall be forwarded by the head of such agency to the Attorney 
General who shall cause the same to be filed with the 
registration statement and other documents filed by such agent, 
and made available for public inspection in accordance with 
section 6 of the Foreign Agents Registration Act of 1938, as 
amended.
    (c) For the purpose of this section ``public official'' 
means Member of Congress, Delegate, or Resident Commissioner, 
either before or after he has qualified, or an officer or 
employee or person acting for or on behalf of the United 
States, or any department, agency, or branch of Government 
thereof, including the District of Columbia, in any official 
function, under or by authority of any such department, agency, 
or branch of Government.
(Added Pub. L. 89-486, Sec. 8(b), July 4, 1966, 80 Stat. 249; 
            amended Pub. L. 98-473, title II, Sec. 1116, Oct. 
            12, 1984, 98 Stat. 2149; Pub. L. 99-646, Sec. 30, 
            Nov. 10, 1986, 100 Stat. 3598; Pub. L. 101-647, 
            title XXXV, Sec. 3511, Nov. 29, 1990, 104 Stat. 
            4922; Pub. L. 104-65, Sec. 12(b), Dec. 19, 1995, 
            109 Stat. 701.

18 U.S.C. Sec. 227. Wrongfully influencing a private entity's 
                    employment decisions by a Member of Congress

Whoever, being a Senator or Representative in, or a Delegate or 
Resident Commissioner to, the Congress or an employee of either 
House of Congress, with the intent to influence, solely on the 
basis of partisan political affiliation, an employment decision 
or employment practice of any private entity--
          (1) takes or withholds, or offers or threatens to 
        take or withhold, an official act, or
          (2) influences, or offers or threatens to influence, 
        the official act of another,
shall be fined under this title or imprisoned for not more than 
15 years, or both, and may be disqualified from holding any 
office of honor, trust, or profit under the United States.
Added Pub. L. 110-81, Title I, Sec. 102(a), Sept. 14, 2007, 121 
            Stat. 739.

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) Prohibition.--
          (1) In general.--It shall be unlawful for any person 
        to solicit or receive a donation of money or other 
        thing of value in connection with a Federal, State, or 
        local election from a person who is located in a room 
        or building occupied in the discharge of official 
        duties by an officer or employee of the United States. 
        It shall be unlawful for an individual who is an 
        officer or employee of the Federal Government, 
        including the President, Vice President, and Members of 
        Congress, to solicit or receive a donation of money or 
        other thing of value in connection with a Federal, 
        State, or local election, while in any room or building 
        occupied in the discharge of official duties by an 
        officer or employee of the United States, from any 
        person.
          (2) Penalty.--A person who violates this section 
        shall be fined not more than $5,000, 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, or Executive Office of the 
President, 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; Pub. L. 107-155, title III, Sec. 302, Mar. 27, 2002, 116 
Stat. 96.

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.

18 U.S.C. Sec. 611. Voting by aliens

    (a) it shall be unlawful for any alien to vote in any 
election held solely or in part for the purpose of electing a 
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 unless--
          (1) the election is held partly for some other 
        purpose;
          (2) aliens are authorized to vote for such other 
        purpose under a State constitution or statute or a 
        local ordinance; and
          (3) voting for such other purpose is conducted 
        independently of voting for a candidate for such 
        Federal offices, in such a manner that an alien has the 
        opportunity to vote for such other purpose, but not an 
        opportunity to vote for a candidate for any one or more 
        of such Federal offices.
    (b) Any person who violates this section shall be fined 
under this title, imprisoned not more than one year, or both.
    (c) Subsection (a) does not apply to an alien if--
          (1) each natural parent of the alien (or, in the case 
        of an adopted alien, each adoptive parent of the alien) 
        is or was a citizen (whether by birth or 
        naturalization);
          (2) the alien permanently resided in the United 
        States prior to attaining the age of 16; and
          (3) the alien reasonably believed at the time of 
        voting in violation of such subsection that he or she 
        was a citizen of the United States.
Added Pub. L. 104-208, div. C, title II, Sec. 216(a), Sept. 30, 
            1996, 110 Stat. 3009-572; amended Pub. L. 106-395, 
            title II, Sec. 201(d)(1), Oct. 30, 2000, 114 Stat. 
            1635.
         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; Pub. L. 109-435, title X, 
            Sec. 1010(g)(4), Dec. 20, 2006, 120 Stat. 3262.

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.

39 U.S.C. Sec. 3220. Use of official mail in the location and recovery 
                    of missing children

    (a)(1) The Office of Juvenile Justice and Delinquency 
Prevention, after consultation with appropriate public and 
private agencies, shall prescribe general guidelines under 
which penalty mail may be used to assist in the location and 
recovery of missing children. The guidelines shall provide 
information relating to--
          (A) the form and manner in which materials and 
        information relating to missing children (such as 
        biographical data and pictures, sketches, or other 
        likenesses) may be included in penalty mail;
          (B) appropriate sources from which such materials and 
        information may be obtained;
          (C) the procedures by which such materials and 
        information may be obtained; and
          (D) any other matter which the Office considers 
        appropriate.
    (2) Each executive department and independent establishment 
of the Government of the United States shall prescribe 
regulations under which penalty mail sent by such department or 
establishment may be used in conformance with the guidelines 
prescribed under paragraph (1).
    (b) The Senate Committee on Rules and Administration and 
the House Commission on Congressional Mailing Standards shall 
prescribe for their respective Houses rules and regulations, 
and shall take such other action as the Committee or Commission 
considers necessary and proper, in order that purposes similar 
to those of subsection (a) may, in the discretion of the 
congressional official or office concerned, be carried out by 
the use of franked mail sent by such official or office.
    (c) As used in this section, ``Office of Juvenile Justice 
and Delinquency Prevention'' and ``Office'' each means the 
Office of Juvenile Justice and Delinquency Prevention within 
the Department of Justice, as established by section 201 of the 
Juvenile Justice and Deliquency Prevention Act of 1974.
Added Pub. L. 99-87, Sec. 1(a)(1), Aug. 9, 1985, 99 Stat. 290.

 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, other than a non-
commercial educational broadcast 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; Pub. 
            L. 106-554, Sec. 1(a)(4), Dec. 21, 2000, 114 stat. 
            2763; Pub. L. 108-447, Div J, title II, 
            Sec. 213(3), title IX Dec. 8, 2004, 118 stat. 3431.

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, Sec. 315, 48 Stat. 1088; July 16, 1952, 
ch. 879, Sec. 11, 66 Stat. 717; Pub. L. 86-274, Sec. 1, Sept. 14, 1959, 73 
Stat. 557; Pub. L. 92-225, title I, Sec. Sec. 103(a)(1), (2)(B), 104(c), 
Feb. 7, 1972, 86 Stat. 4, 7; Pub. L. 93-443, title IV, Sec. 402, Oct. 15, 
1974, 88 Stat. 1291; Pub. L. 107-155, title III, Sec. 305(a), (b), title V, 
Sec. 504, Mar. 27, 202, 116 Stat. 100, 101, 115.
    K. UNIFORMED AND OVERSEAS VOTING (TITLE 42, UNITED STATES CODE)

                              ----------                              _


42 U.S.C. Sec. 1973ff. Federal responsibilities

    (a) Presidential designee. The President shall designate 
the head of an executive department to have primary 
responsibility for Federal functions under this title.
    (b) Duties of Presidential designee. The Presidential 
designee shall--
          (1) consult State and local election officials in 
        carrying out this title, and ensure that such officials 
        are aware of the requirements of this Act;
          (2) prescribe an official post card form, containing 
        both an absentee voter registration application and an 
        absentee ballot application, for use by the States as 
        required under section 102(4);
          (3) carry out section 103 with respect to the Federal 
        write-in absentee ballot for absent uniformed services 
        voters and overseas voters in general elections for 
        Federal office;
          (4) prescribe a suggested design for absentee ballot 
        mailing envelopes;
          (5) compile and distribute (A) descriptive material 
        on State absentee registration and voting procedures, 
        and (B) to the extent practicable, facts relating to 
        specific elections, including dates, offices involved, 
        and the text of ballot questions;
          (6) not later than the end of each year after a 
        Presidential election year, transmit to the President 
        and the Congress a report on the effectiveness of 
        assistance under this title, including a statistical 
        analysis of uniformed services voter participation, a 
        separate statistical analysis of overseas nonmilitary 
        participation, and a description of State-Federal 
        cooperation;
          (7) prescribe a standard oath for use with any 
        document under this affirming that a material 
        misstatement of fact in the completion of such a 
        document may constitute grounds for a conviction for 
        perjury;
          (8) carry out section 103A with respect to the 
        collection and delivery of marked absentee ballots of 
        absent overseas uniformed services voters in elections 
        for Federal office;
          (9) to the greatest extent practicable, take such 
        actions as may be necessary--
                  (A) to ensure that absent uniformed services 
                voters who cast absentee ballots at locations 
                or facilities under the jurisdiction of the 
                Presidential designee are able to do so in a 
                private and independent manner; and
                  (B) to protect the privacy of contents of 
                absentee ballots cast by absentee uniformed 
                services voters and overseas voters while such 
                ballots are in the possession or control of the 
                Presidential designee;
          (10) carry out section 103B with respect to Federal 
        Voting Assistance Program Improvements; and
          (11) working with the Election Assistance Commission 
        and the chief State election official of each State, 
        develop standards--
                  (A) for States to report data on the number 
                of absentee ballots transmitted and received 
                under section 102(c) and such other data as the 
                Presidential designee determines appropriate; 
                and
                  (B) for the Presidential designee to store 
                the data reported.
    (c) Duties of other Federal officials.
          (1) In general. The head of each Government 
        department, agency, or other entity shall, upon request 
        of the Presidential designee, distribute balloting 
        materials and otherwise cooperate in carrying out this 
        title.
          (2) Administrator of General Services. As directed by 
        the Presidential designee, the Administrator of General 
        Services shall furnish official post card forms 
        (prescribed under subsection (b)) and Federal write-in 
        absentee ballots (prescribed under section 103).
    (d) Authorization of appropriations for carrying out 
Federal Voting Assistance Program improvements. There are 
authorized to be appropriated to the Presidential designee such 
sums as are necessary for purposes of carrying out subsection 
(b)(10).
Pub. L. 99-410, title I, Sec. 101, Aug. 28, 1986, 100 Stat. 
            924; Pub. L. 105-277, div G, title XXII ch 1, 
            Sec. 2219(c), Oct. 21, 1998, 112 Stat. 2681-817; 
            Pub. L. 107-107, div A, title XVI, Sec. 1606(a)(2), 
            Dec. 28, 2001, 115 Stat. 1279; Pub. L. 107-252, 
            title VII, Sec. 705(a), (b)(1), (c), Oct. 29, 2002, 
            116 Stat. 1724, 1725; Pub. L. 108-375, div A, title 
            V, subtitle I, Sec. 566(a), Oct. 28, 2004, 118 
            Stat. 1919; Pub. L. 111-84, div A, title V, 
            subtitle H, Sec. Sec. 580(b), (e), 583(a)(2), 
            584(a), 585(b)(1), Oct. 28, 2009, 123 Stat. 2325, 
            2328, 2330, 2331.

42 U.S.C. Sec. 1973ff-1. State responsibilities

    (a) In general. Each State shall--
          (1) permit absent uniformed services voters and 
        overseas voters to use absentee registration procedures 
        and to vote by absentee ballot in general, special, 
        primary, and runoff elections for Federal office;
          (2) accept and process, with respect to any election 
        for Federal office, any otherwise valid voter 
        registration application and absentee ballot 
        application from an absent uniformed services voter or 
        overseas voter, if the application is received by the 
        appropriate State election official not less than 30 
        days before the election;
          (3) permit absent uniformed services voters and 
        overseas voters to use Federal write-in absentee 
        ballots (in accordance with section 103) in general 
        elections for Federal office;
          (4) use the official post card form (prescribed under 
        section 101) for simultaneous voter registration 
        application and absentee ballot application;
          (5) if the State requires an oath or affirmation to 
        accompany any document under this title, use the 
        standard oath prescribed by the Presidential designee 
        under section 101(b)(7);
          (6) in addition to any other method of registering to 
        vote or applying for an absentee ballot in the State, 
        establish procedures--
                  (A) for absent uniformed services voters and 
                overseas voters to request by mail and 
                electronically voter registration applications 
                and absentee ballot applications with respect 
                to general, special, primary, and runoff 
                elections for Federal office in accordance with 
                subsection (e);
                  (B) for States to send by mail and 
                electronically (in accordance with the 
                preferred method of transmission designated by 
                the absent uniformed services voter or overseas 
                voter under subparagraph (C)) voter 
                registration applications and absentee ballot 
                applications requested under subparagraph (A) 
                in accordance with subsection (e); and
                  (C) by which the absent uniformed services 
                voter or overseas voter can designate whether 
                the voter prefers that such voter registration 
                application or absentee ballot application be 
                transmitted by mail or electronically;
          (7) in addition to any other method of transmitting 
        blank absentee ballots in the State, establish 
        procedures for transmitting by mail and electronically 
        blank absentee ballots to absent uniformed services 
        voters and overseas voters with respect to general, 
        special, primary, and runoff elections for Federal 
        office in accordance with subsection (f);
          (8) transmit a validly requested absentee ballot to 
        an absent uniformed services voter or overseas voter--
                  (A) except as provided in subsection (g), in 
                the case in which the request is received at 
                least 45 days before an election for Federal 
                office, not later than 45 days before the 
                election; and
                  (B) in the case in which the request is 
                received less than 45 days before an election 
                for Federal office--
                          (i) in accordance with State law; and
                          (ii) if practicable and as determined 
                        appropriate by the State, in a manner 
                        that expedites the transmission of such 
                        absentee ballot;
          (9) if the State declares or otherwise holds a runoff 
        election for Federal office, establish a written plan 
        that provides absentee ballots are made available to 
        absent uniformed services voters and overseas voters in 
        a manner that gives them sufficient time to vote in the 
        runoff election;
          (10) carry out section 103A(b)(1) with respect to the 
        processing and acceptance of marked absentee ballots of 
        absent overseas uniformed services voters; and
          (11) report data on the number of absentee ballots 
        transmitted and received under section 102(c) and such 
        other data as the Presidential designee determines 
        appropriate in accordance with the standards developed 
        by the Presidential designee under section 101(b)(11).
    (b) Designation of single State office to provide 
information on registration and absentee ballot procedures for 
all voters in State.
          (1) In general. Each State shall designate a single 
        office which shall be responsible for providing 
        information regarding voter registration procedures and 
        absentee ballot procedures to be used by absent 
        uniformed services voters and overseas voters with 
        respect to elections for Federal office (including 
        procedures relating to the use of the Federal write-in 
        absentee ballot) to all absent uniformed services 
        voters and overseas voters who wish to register to vote 
        or vote in any jurisdiction in the State.
          (2) Recommendation regarding use of office to accept 
        and process materials. Congress recommends that the 
        State office designated under paragraph (1) be 
        responsible for carrying out the State's duties under 
        this Act, including accepting valid voter registration 
        applications, absentee ballot applications, and 
        absentee ballots (including Federal write-in absentee 
        ballots) from all absent uniformed services voters and 
        overseas voters who wish to register to vote or vote in 
        any jurisdiction in the State.
    (c) Report on number of absentee ballots transmitted and 
received. Not later than 90 days after the date of each 
regularly scheduled general election for Federal office, each 
State and unit of local government which administered the 
election shall (through the State, in the case of a unit of 
local government) submit a report to the Election Assistance 
Commission (established under the Help America Vote Act of 
2002) on the combined number of absentee ballots transmitted to 
absent uniformed services voters and overseas voters for the 
election and the combined number of such ballots which were 
returned by such voters and cast in the election, and shall 
make such report available to the general public.
    (d) Registration notification. With respect to each absent 
uniformed services voter and each overseas voter who submits a 
voter registration application or an absentee ballot request, 
if the State rejects the application or request, the State 
shall provide the voter with the reasons for the rejection.
    (e) Designation of means of electronic communication for 
absent uniformed services voters and overseas voters to request 
and for States to send voter registration applications and 
absentee ballot applications, and for other purposes related to 
voting information.
          (1) In general. Each State shall, in addition to the 
        designation of a single State office under subsection 
        (b), designate not less than 1 means of electronic 
        communication--
                  (A) for use by absent uniformed services 
                voters and overseas voters who wish to register 
                to vote or vote in any jurisdiction in the 
                State to request voter registration 
                applications and absentee ballot applications 
                under subsection (a)(6);
                  (B) for use by States to send voter 
                registration applications and absentee ballot 
                applications requested under such subsection; 
                and
                  (C) for the purpose of providing related 
                voting, balloting, and election information to 
                absent uniformed services voters and overseas 
                voters.
          (2) Clarification regarding provision of multiple 
        means of electronic communication. A State may, in 
        addition to the means of electronic communication so 
        designated, provide multiple means of electronic 
        communication to absent uniformed services voters and 
        overseas voters, including a means of electronic 
        communication for the appropriate jurisdiction of the 
        State.
          (3) Inclusion of designated means of electronic 
        communication with informational and instructional 
        materials that accompany balloting materials. Each 
        State shall include a means of electronic communication 
        so designated with all informational and instructional 
        materials that accompany balloting materials sent by 
        the State to absent uniformed services voters and 
        overseas voters.
          (4) Availability and maintenance of online repository 
        of State contact information. The Federal Voting 
        Assistance Program of the Department of Defense shall 
        maintain and make available to the public an online 
        repository of State contact information with respect to 
        elections for Federal office, including the single 
        State office designated under subsection (b) and the 
        means of electronic communication designated under 
        paragraph (1), to be used by absent uniformed services 
        voters and overseas voters as a resource to send voter 
        registration applications and absentee ballot 
        applications to the appropriate jurisdiction in the 
        State.
          (5) Transmission if no preference indicated. In the 
        case where an absent uniformed services voter or 
        overseas voter does not designate a preference under 
        subsection (a)(6)(C), the State shall transmit the 
        voter registration application or absentee ballot 
        application by any delivery method allowable in 
        accordance with applicable State law, or if there is no 
        applicable State law, by mail.
          (6) Security and privacy protections.
                  (A) Security protections. To the extent 
                practicable, States shall ensure that the 
                procedures established under subsection (a)(6) 
                protect the security and integrity of the voter 
                registration and absentee ballot application 
                request processes.
                  (b) Privacy protections. To the extent 
                practicable, the procedures established under 
                subsection (a)(6) shall ensure that the privacy 
                of the identity and other personal data of an 
                absent uniformed services voter or overseas 
                voter who requests or is sent a voter 
                registration application or absentee ballot 
                application under such subsection is protected 
                throughout the process of making such request 
                or being sent such application.
    (f) Transmission of blank absentee ballots by mail and 
electronically.
          (1) In general. Each State shall establish 
        procedures--
                  (A) to transmit blank absentee ballots by 
                mail and electronically (in accordance with the 
                preferred method of transmission designated by 
                the absent uniformed services voter or overseas 
                voter under subparagraph (B)) to absent 
                uniformed services voters and overseas voters 
                for an election for Federal office; and
                  (B) by which the absent uniformed services 
                voter or overseas voter can designate whether 
                the voter prefers that such blank absentee 
                ballot be transmitted by mail or 
                electronically.
          (2) Transmission if no preference indicated. In the 
        case where an absent uniformed services voter or 
        overseas voter does not designate a preference under 
        paragraph (1)(B), the State shall transmit the ballot 
        by any delivery method allowable in accordance with 
        applicable State law, or if there is no applicable 
        State law, by mail.
          (3) Security and privacy protections.
                  (A) Security protections. To the extent 
                practicable, States shall ensure that the 
                procedures established under subsection (a)(7) 
                protect the security and integrity of absentee 
                ballots.
                  (B) Privacy protections. To the extent 
                practicable, the procedures established under 
                subsection (a)(7) shall ensure that the privacy 
                of the identity and other personal data of an 
                absent uniformed services voter or overseas 
                voter to whom a blank absentee ballot is 
                transmitted under such subsection is protected 
                throughout the process of such transmission.
    (g) Hardship exemption.
          (1) In general. If the chief State election official 
        determines that the State is unable to meet the 
        requirement under subsection (a)(8)(A) with respect to 
        an election for Federal office due to an undue hardship 
        described in paragraph (2)(B), the chief State election 
        official shall request that the Presidential designee 
        grant a waiver to the State of the application of such 
        subsection. Such request shall include--
                  (A) a recognition that the purpose of such 
                subsection is to allow absent uniformed 
                services voters and overseas voters enough time 
                to vote in an election for Federal office;
                  (B) an explanation of the hardship that 
                indicates why the State is unable to transmit 
                absent uniformed services voters and overseas 
                voters an absentee ballot in accordance with 
                such subsection;
                  (C) the number of days prior to the election 
                for Federal office that the State requires 
                absentee ballots be transmitted to absent 
                uniformed services voters and overseas voters; 
                and
                  (D) a comprehensive plan to ensure that 
                absent uniformed services voters and overseas 
                voters are able to receive absentee ballots 
                which they have requested and submit marked 
                absentee ballots to the appropriate State 
                election official in time to have that ballot 
                counted in the election for Federal office, 
                which includes--
                          (i) the steps the State will 
                        undertake to ensure that absent 
                        uniformed services voters and overseas 
                        voters have time to receive, mark, and 
                        submit their ballots in time to have 
                        those ballots counted in the election;
                          (ii) why the plan provides absent 
                        uniformed services voters and overseas 
                        voters sufficient time to vote as a 
                        substitute for the requirements under 
                        such subsection; and
                          (iii) the underlying factual 
                        information which explains how the plan 
                        provides such sufficient time to vote 
                        as a substitute for such requirements.
          (2) Approval of waiver request. After consulting with 
        the Attorney General, the Presidential designee shall 
        approve a waiver request under paragraph (1) if the 
        Presidential designee determines each of the following 
        requirements are met:
                  (A) The comprehensive plan under subparagraph 
                (D) of such paragraph provides absent uniformed 
                services voters and overseas voters sufficient 
                time to receive absentee ballots they have 
                requested and submit marked absentee ballots to 
                the appropriate State election official in time 
                to have that ballot counted in the election for 
                Federal office.
                  (B) One or more of the following issues 
                creates an undue hardship for the State:
                          (i) The State's primary election date 
                        prohibits the State from complying with 
                        subsection (a)(8)(A).
                          (ii) The State has suffered a delay 
                        in generating ballots due to a legal 
                        contest.
                          (iii) The State Constitution 
                        prohibits the State from complying with 
                        such subsection.
          (3) Timing of waiver.
                  (A) In general. Except as provided under 
                subparagraph (B), a State that requests a 
                waiver under paragraph (1) shall submit to the 
                Presidential designee the written waiver 
                request not later than 90 days before the 
                election for Federal office with respect to 
                which the request is submitted. The 
                Presidential designee shall approve or deny the 
                waiver request not later than 65 days before 
                such election.
                  (B) Exception. If a State requests a waiver 
                under paragraph (1) as the result of an undue 
                hardship described in paragraph (2)(B)(ii), the 
                State shall submit to the Presidential designee 
                the written waiver request as soon as 
                practicable. The Presidential designee shall 
                approve or deny the waiver request not later 
                than 5 business days after the date on which 
                the request is received.
          (4) Application of waiver. A waiver approved under 
        paragraph (2) shall only apply with respect to the 
        election for Federal office for which the request was 
        submitted. For each subsequent election for Federal 
        office, the Presidential designee shall only approve a 
        waiver if the State has submitted a request under 
        paragraph (1) with respect to such election.
    (h) Tracking marked ballots. The chief State election 
official, in coordination with local election jurisdictions, 
shall develop a free access system by which an absent uniformed 
services voter or overseas voter may determine whether the 
absentee ballot of the absent uniformed services voter or 
overseas voter has been received by the appropriate State 
election official.
    (i) Prohibiting refusal to accept applications for failure 
to meet certain requirements. A State shall not refuse to 
accept and process any otherwise valid voter registration 
application or absentee ballot application (including the 
official post card form prescribed under section 101) or marked 
absentee ballot submitted in any manner by an absent uniformed 
services voter or overseas voter solely on the basis of the 
following:
          (1) Notarization requirements.
          (2) Restrictions on paper type, including weight and 
        size.
          (3) Restrictions on envelope type, including weight 
        and size.
Pub. L. 99-410, title I, Sec. 102, Aug. 28, 1986, 100 Stat. 
            925; Pub. L. 107-107, div A, title XVI, 
            Sec. 1606(a)(1), Dec. 28, 2001, 115 Stat. 1278; 
            Pub. L. 107-252, title VII, Sec. Sec. 702, 703(a), 
            705(b)(2), 707, Oct. 29, 2002, 116 Stat. 1723, 
            1724, 1725; Pub. L. 108-375, div A, title V, 
            subtitle I, Sec. 566(b), Oct. 28, 2004, 118 Stat. 
            1919; Pub. L. 111-84, div A, title V, subtitle H. 
            Sec. Sec. 577(a), 578(a), 579(a), (b), 580(c), (d), 
            582(a), 584(b), Oct. 28, 2009, 123 Stat. 2319, 
            2321, 2322, 2325, 2327, 2330.

42 U.S.C. Sec. 1973ff-2. Federal write-in absentee ballot in general 
                    elections for Federal office for absent uniformed 
                    services voters and overseas voters

    (a) In general.
          (1) Federal write-in absentee ballot. The 
        Presidential designee shall prescribe a Federal write-
        in absentee ballot (including a secrecy envelope and 
        mailing envelope for such ballot) for use in general, 
        special, primary, and runoff elections for Federal 
        office by absent uniformed services voters and overseas 
        voters who make timely application for, and do not 
        receive, States, absentee ballots.
          (2) Promotion and expansion of use of Federal write-
        in absentee ballots.
                  (A) In general. Not later than December 31, 
                2011, the Presidential designee shall adopt 
                procedures to promote and expand the use of the 
                Federal write-in absentee ballot as a back-up 
                measure to vote in elections for Federal 
                office.
                  (B) Use of technology. Under such procedures, 
                the Presidential designee shall utilize 
                technology to implement a system under which 
                the absent uniformed services voter or overseas 
                voter may--
                          (i) enter the address of the voter or 
                        other information relevant in the 
                        appropriate jurisdiction of the State, 
                        and the system will generate a list of 
                        all candidates in the election for 
                        Federal office in that jurisdiction; 
                        and
                          (ii) submit the marked Federal write-
                        in absentee ballot by printing the 
                        ballot (including complete instructions 
                        for submitting the marked Federal 
                        write-in absentee ballot to the 
                        appropriate State election official and 
                        the mailing address of the single State 
                        office designated under section 
                        102(b)).
                  (C) Authorization of appropriations. There 
                are authorized to be appropriated to the 
                Presidential designee such sums as may be 
                necessary to carry out this paragraph.
    (b) Submission and processing. Except as otherwise provided 
in this title, a Federal write-in absentee ballot shall be 
submitted and processed in the manner provided by law for 
absentee ballots in the State involved. A Federal write-in 
absentee ballot of an absent uniformed services voter or 
overseas voter shall not be counted--
          (1) in the case of a ballot submitted by an overseas 
        voter who is not an absent uniformed services voter, if 
        the ballot is submitted from any location in the United 
        States;
          (2) if the application of the absent uniformed 
        services voter or overseas voter for a State absentee 
        ballot is received by the appropriate State election 
        official after the later of--
                  (A) the deadline of the State for receipt of 
                such application; or
                  (B) the date that is 30 days before the 
                general election; or
          (e) if a State absentee ballot of the absent 
        uniformed services voter or overseas voter is received 
        by the appropriate State election official not later 
        than the deadline for receipt of the State absentee 
        ballot under State law.
    (c) Special rules. The following rules shall apply with 
respect to Federal write-in absentee ballots:
          (1) In completing the ballot, the absent uniformed 
        services voter or overseas voter may designate a 
        candidate by writing in the name of the candidate or by 
        writing in the name of a political party (in which case 
        the ballot shall be counted for the candidate of that 
        political party).
          (2) In the case of the offices of President and Vice 
        President, a vote for a named candidate or a vote by 
        writing in the name of a political party shall be 
        counted as a vote for the electors supporting the 
        candidate involved.
          (3) Any abbreviation, misspelling, or other minor 
        variation in the form of the name of a candidate or a 
        political party shall disregarded in determining the 
        validity of the ballot, if the intention of the voter 
        can be ascertained.
    (d) Second ballot submission; instruction to absent 
uniformed services voter or overseas voter. An absent uniformed 
services voter or overseas voter who submits a Federal write-in 
absentee ballot and later receives a State absentee ballot, may 
submit the State absentee ballot. The Presidential designee 
shall assure that the instructions for each Federal write-in 
absentee ballot clearly state that an absent uniformed services 
voter or overseas voter who submits a Federal write-in absentee 
ballot and later receives and submits a State absentee ballot 
should make every reasonable effort to inform the appropriate 
State election official that the voter has submitted more than 
a ballot.
    (e) Use of approved State absentee ballot in place of 
Federal write-in absentee ballot. The Federal write-in absentee 
ballot shall not be valid for use in a general, special, 
primary, or runoff election for Federal office if the State 
involved provides a State absentee ballot that--
          (1) at the request of the State, is approved by the 
        Presidential designee for use in place of the Federal 
        write-in absentee ballot; and
          (2) is made available to absent uniformed services 
        voters and overseas voters at least 60 days before the 
        deadline for receipt of the State ballot under State 
        law.
    (f) Prohibiting refusal to accept ballot for failure to 
meet certain requirements. A State shall not refuse to accept 
and process any otherwise valid Federal write-in absentee 
ballot submitted in any manner by an absent uniformed services 
voter or overseas voter solely on the basis of the following:
          (1) Notarization requirements.
          (2) Restrictions on paper type, including weight and 
        size.
          (3) Restrictions on envelope type, including weight 
        and size.
    (g) Certain States exempted. A State is not required to 
permit use of the Federal write-in absentee ballot, if, on and 
after the date of the enactment of this title, the State has in 
effect a law providing that--
          (1) a State absentee ballot is required to be 
        available to any voter described in section 107(5)(A) 
        at least 90 days before the general, special, primary, 
        or runoff election for Federal office involved; and
          (2) a State absentee ballot is required to be 
        available to any voter described in section 107(5)(B) 
        or (C), as soon as the official list of candidates in 
        the general, special, primary, or runoff election for 
        Federal office is complete.
Pub. L. 99-410, title I, Sec. 103, Aug. 28, 1986, 100 Stat. 
            925; Pub. L. 108-375, div A, title V, subtitle I, 
            Sec. 566(c), (d), Oct. 28, 2004, 118 Stat. 1919; 
            Pub. L. 111-84, div A, title V, subtitle H, 
            Sec. Sec. 581(a)(1), (b), 582(b), Oct. 28, 2009, 
            123 Stat. 2326, 2327.

42 U.S.C. Sec. 1973ff-2a. Procedures for collection and delivery of 
                    marked absentee ballots of absent overseas 
                    uniformed services voters

    (a) Establishing of procedures. The Presidential designee 
shall established procedures for collecting marked absentee 
ballots of absent overseas uniformed services voters in 
regularly scheduled general elections for Federal office, 
including absentee ballots prepared by States and the Federal 
write-in absentee ballot prescribed under section 103, and for 
delivering such marked absentee ballots to the appropriate 
election officials.
    (b) Delivery to appropriate election officials.
          (1) In general. Under the procedures established 
        under this section, the Presidential designee shall 
        implement procedures that facilities the delivery of 
        marked absentee ballots of absent overseas uniformed 
        services voters for regularly scheduled general 
        elections for Federal office to the appropriate 
        election officials, in accordance with this section, 
        not later than the date by which an absentee ballot 
        must be received in order to be counted in the 
        election.
          (2) Cooperation and coordination with the United 
        States Postal Service. The Presidential designee shall 
        carry out this section in cooperation and coordination 
        with the United States Postal Service, and shall 
        provide expedited mail delivery service for all such 
        marked absentee ballots of absent uniformed services 
        voters that are collected on or before the deadline 
        described in paragraph (3) and then transferred to the 
        United States Postal Service.
          (3) Deadline described.
                  (A) In general. Except as provided in 
                subparagraph (B), the deadline described in 
                this paragraph is noon (in the location in 
                which the ballot is collected) on the seventh 
                day preceding the date of the regularly 
                scheduled general election for Federal office.
                  (B) Authority to establish alternative 
                deadline for certain locations. If the 
                Presidential designee determines that the 
                deadline described in subparagraph (A) is not 
                sufficient to ensure timely delivery of the 
                ballot under paragraph (1) with respect to a 
                particular location because of remoteness or 
                other factors, the Presidential designee may 
                establish as an alternative deadline for that 
                location the latest date occurring prior to the 
                deadline described in subparagraph (A) which is 
                sufficient to provide timely delivery of the 
                ballot under paragraph (1).
          (4) No postage requirement. In accordance with 
        section 3406 of title 39, United States Code, such 
        marked absentee ballots and other balloting materials 
        shall be carried free of postage.
          (5) Date of mailing. Such marked absentee ballots 
        shall be postmarked with a record of the date on which 
        the ballot is mailed.
    (c) Outreach for absent overseas uniformed services voters 
on procedures. The Presidential designee shall take appropriate 
actions to inform individuals who are anticipated to be absent 
overseas uniformed services voters in a regularly scheduled 
general election for Federal office to which this section 
applies of the procedures for the election and delivery of 
marked absentee ballots established pursuant to this section, 
including the manner in which such voters may utilize such 
procedures for the submittal of marked absentee ballots 
pursuant to this section.
    (d) Absent overseas uniformed services voter defined. In 
this section, the term ``absent overseas uniformed services 
voter'' means an overseas voter described in section 107(5)(A).
    (e) Authorization of appropriations. There are authorized 
to be appropriated to the Presidential designee such sums as 
may be necessary to carry out this section.
Pub. L. 111-84, div. A, title V, subtitle H, Sec. 580(a), Oct. 
            28, 2009, 123 Stat. 2324.

42 U.S.C. Sec. 1973ff-2b. Federal Voting Assistance Program 
                    improvements

    (a) Duties. The Presidential designee shall carry out the 
following duties:
          (1) Develop online portals of information to inform 
        absent uniformed services voters regarding voter 
        registration procedures and absentee ballot procedures 
        to be used by such voters with respect to elections for 
        Federal office.
          (2) Establish a program to notify absent uniformed 
        services voters of voter registration information and 
        resources, the availability of the Federal postcard 
        application, and the availability of the Federal write-
        in absentee ballot on the military Global Network, and 
        shall use the military Global Network to notify absent 
        uniformed services voters of the foregoing 90, 60, and 
        30 days prior to each election for Federal office.
    (b) Clarification regarding other duties and obligations. 
Nothing in this section shall relieve the Presidential designee 
of their duties and obligations under any directives or 
regulations issued by the Department of Defense, including the 
Department of Defense Directive 1000.04 (or any successor 
directive or regulation) that is not inconsistent or 
contradictory to the provisions of this section.
    (c) Authorization of appropriations. There are authorized 
to be appropriated to the Federal Voting Assistance Program of 
the Department of Defense (or a successor program) such sums as 
are necessary for purposes of carrying out this section.
Pub. L. 111-84, div A, title V, subtitle H, Sec. 583(a)(1), 
            Oct. 28, 2009, 123 Stat. 2328.

42 U.S.C. Sec. 1973ff-3. Prohibition of refusal of applications on 
                    grounds of early submission

    A State may not refuse to accept or process, with respect 
to any election for Federal office, any otherwise valid voter 
registration application or absentee ballot application 
(including the postcard form prescribed under section 101) 
submitted by an absent uniformed services voter during a year 
on the grounds that the voter submitted the application before 
the first date on which the State otherwise accepts or 
processes such applications for that year submitted by absentee 
voters who are not members of the uniformed services.
Pub. L. 99-410, title I, Sec. 104, Aug. 28, 1986, 100 Stat. 
            926; Pub. L. 107-107, div A, title XVI, 
            Sec. 1606(b), Dec. 28, 2001, 115 Stat. 1279; Pub. 
            L. 107-252, title VII, Sec. Sec. 704, 706(a), Oct. 
            29, 2002, 116 Stat. 1724, 1725; Pub. L. 111-84, div 
            A, title V, subtitle H, Sec. 585(a), (b)(2), Oct. 
            28, 2009, 123 Stat. 2331.

42 U.S.C. Sec. 1973ff-4. Enforcement

    (a) In general. The Attorney General may bring a civil 
action in an appropriate district court for such declaratory or 
injunctive relief as may be necessary to carry out this title.
    (b) Report to Congress. Not later than December 31 of each 
year, the Attorney General shall submit to Congress an annual 
report on any civil action brought under subsection (a) during 
the preceding year.
Pub. L. 99-410, title I, Sec. 105, Aug. 28, 1986, 100 Stat. 
            927; Pub. L. 111-84, div A, title V, subtitle H, 
            Sec. 587, Oct. 28, 2009, 123 Stat. 2323.

42 U.S.C. Sec. 1973ff-4a. Reporting requirements

    (a) Report on status of implementation and assessment of 
programs. Not later than 180 days after the date of the 
enactment of the Military and Overseas Voter Empowerment Act, 
the Presidential designee shall submit to the relevant 
committees of Congress a report containing the following 
information:
          (1) The status of the implementing of the procedures 
        established for the collection and delivery of marked 
        absentee ballots of absent overseas uniformed services 
        voters under section 103A, and a detailed description 
        of the specific steps taken towards such implementation 
        for the regularly scheduled general election for 
        Federal office held in November 2010.
          (2) An assessment of the effectiveness of the Voting 
        Assistance Officer Program of the Department of 
        Defense, which shall include the following:
                  (A) A thorough and complete assessment of 
                whether the Program, as configured and 
                implemented as of such date of enactment, is 
                effectively assisting absent uniformed services 
                voters in exercising their right to vote.
                  (B) An inventory and explanation of any areas 
                of voter assistance in which the Program has 
                failed to accomplish its stated objectives and 
                effectively assist absent uniformed services 
                voters in exercising their right to vote.
                  (C) As necessary, a detailed plan for the 
                implementation of any new program to replace or 
                supplement voter assistance activities required 
                to be performed under this Act.
          (3) A detailed description of the specific steps 
        taken towards the implementation of voter registration 
        assistance for absent uniformed services voters under 
        section 1566a of title 10, United States Code.
    (b) Annual report on effectiveness of activities and 
utilization of certain procedures. Not later than March 31 of 
each year, the Presidential designee shall transmit to the 
President and to the relevant committees of Congress a report 
containing the following information:
          (1) An assessment of the effectiveness of activities 
        carried out under section 103B, including the 
        activities and actions of the Federal Voting Assistance 
        Program of the Department of Defense, a separate 
        assessment of voter registration and participation by 
        absent uniformed services voters, a separate assessment 
        of voter registration and participation by overseas 
        voters who are not members of the uniformed services, 
        and a description of the cooperation between States and 
        the Federal Government in carrying out such section.
          (2) A description of the utilization of voter 
        registration assistance under section 1566a of title 
        10, United States Code, which shall include the 
        following:
                  (A) A description of the specific programs 
                implemented by each military department of the 
                Armed Forces pursuant to such section.
                  (B) The number of absent uniformed services 
                voters who utilized voter registration 
                assistance provided under such section.
          (3) In the case of a report submitted under this 
        subsection in the year following a year in which a 
        regularly scheduled general election for Federal office 
        is held, a description of the utilization of the 
        procedures for the collection and delivery of marked 
        absentee ballots established pursuant to section 103A, 
        which shall include the number of marked absentee 
        ballots collected and delivered under such procedures 
        and the number of such ballots which were not delivered 
        by the time of the closing of the polls on the date of 
        the election (and the reasons such ballots were not so 
        delivered).
    (c) Definitions. In this section:
          (1) Absent overseas uniformed services voter. The 
        term ``absent overseas uniformed services voter'' has 
        the meaning given such term in section 103A(d).
          (2) Presidential designee. The term ``Presidential 
        designee'' means the Presidential designee under 
        section 101(a).
          (3) Relevant committees of Congress defined. The term 
        ``relevant committees of Congress'' means--
                  (A) the Committees on Appropriations, Armed 
                Services, and Rules and Administration of the 
                Senate; and
                  (B) the Committees on Appropriations, Armed 
                Services, and House Administration of the House 
                of Representatives.
Pub. L. 111-84, div. A, title V, subtitle H, Sec. 586, Oct. 28, 
            2009, 123 Stat. 2331.

42 U.S.C. Sec. 1973ff-5. Effect on certain other laws

    The exercise of any right under this title shall not 
affect, for purposes of any Federal, State, or local tax, the 
residence or domicile of a person exercising such right.
Pub. L. 99-410, title I, Sec. 106, Aug. 28, 1986, 100 Stat. 
            927.

42 U.S.C. Sec. 1973ff-6. Definitions

    As used in this title, the term--
          (1) ``absent uniformed services voter'' means--
                  (A) a member of a uniformed service on active 
                duty who, by reason of such active duty, is 
                absent from the place of residence where the 
                member is otherwise qualified to vote;
                  (B) a member of the merchant marine who, by 
                reason of service in the merchant marine, is 
                absent from the place of residence where the 
                member is otherwise qualified to vote; and
                  (C) a spouse or dependent of a member 
                referred to in subparagraph (A) or (B) who, by 
                reason of the active duty or service of the 
                member, is absent from the place of residence 
                where the spouse or dependent is otherwise 
                qualified to vote;
          (2) ``balloting materials'' means official post card 
        forms (prescribed under section 101), Federal write-in 
        absentee ballots (prescribed under section 103), and 
        any State balloting materials that, as determined by 
        the Presidential designee, are essential to the 
        carrying out of this title;
          (3) ``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) ``member of the merchant marine'' means an 
        individual (other than a member of a uniformed service 
        or an individual employed, enrolled, or maintained on 
        the Great Lakes or the inland waterways)--
                  (A) employed as an officer or crew member of 
                a vessel documented under the laws of the 
                United States, or a vessel owned by the United 
                States, or a vessel of foreign-flag registry 
                under charter to or control of the United 
                States; or
                  (B) enrolled with the United States for 
                employment or training for employment, or 
                maintained by the United States for emergency 
                relief service, as an officer or crew member of 
                any such vessel;
          (5) ``overseas voter'' means--
                  (A) an absent uniformed services voter who, 
                by reason of active duty or service is absent 
                from the United States on the date of the 
                election involved;
                  (B) a person who resides outside the United 
                States and is qualified to vote in the last 
                place in which the person was domiciled before 
                leaving the United States; or
                  (C) a person who resides outside the United 
                States and (but for such residence) would be 
                qualified to vote in the last place in which 
                the person was domiciled before leaving the 
                United States.
          (6) ``State'' means a State of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, the Virgin Islands, and American Samoa;
          (7) ``uniformed services'' means the Army, Navy, Air 
        Force, Marine Corps, and Coast Guard, the commissioned 
        corps of the Public Health Service, and the 
        commissioned corps of the National Oceanic and 
        Atmospheric Administration; and
          (8) ``United States'', where used in the territorial 
        sense, means the several States, the District of 
        Columbia, the Commonwealth of Puerto Rico, Guam, the 
        Virgin Islands, and American Samoa.
Pub. L. 99-410, title I, Sec. 107, Aug. 28, 1986, 100 Stat. 
            927.

42 U.S.C. Sec. 1973ff-7. Technology pilot program

    (a) Definitions. In this section:
          (1) Absent uniformed services voter. The term 
        ``absent uniformed services voter'' has the meaning 
        given such term in section 107(a) of the Uniformed and 
        Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff 
        et seq.).
          (2) Overseas voter. The term ``overseas voter'' has 
        the meaning given such term in section 107(5) of such 
        Act.
          (3) Presidential designee. The term ``Presidential 
        designee'' means the individual designated under 
        section 101(a) of such Act.
    (b) Establishment.
          (1) In general. The Presidential designee may 
        establish 1 or more pilot programs under which the 
        feasibility of new election technology is tested for 
        the benefit of absent uniformed services voters and 
        overseas voters claiming rights under the Uniformed and 
        Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff 
        et seq.).
          (2) Design and conduct. The design and conduct of a 
        pilot program established under this subsection--
                  (A) shall be at the discretion of the 
                Presidential designee; and
                  (B) shall not conflict with or substitute for 
                existing laws, regulations, or procedures with 
                respect to the participation of absent 
                uniformed services voters and military voters 
                in elections for Federal office.
    (c) Considerations. In conducting a pilot program 
established under subsection (b), the Presidential designee may 
consider the following issues:
          (1) The transmission of electronic voting material 
        across military networks.
          (2) Virtual private networks, cryptographic voting 
        systems, centrally controlled voting stations, and 
        other information security techniques.
          (3) The transmission of ballot representations and 
        scanned pictures in a secure manner.
          (4) Capturing, retaining, and comparing electronic 
        and physical ballot representations.
          (5) Utilization of voting stations at military bases.
          (6) Document delivery and upload systems.
          (7) The functional effectiveness of the application 
        or adoption of the pilot program to operational 
        environments, taking into account environmental and 
        logistical obstacles and State procedures.
    (d) Reports. The Presidential designee shall submit to 
Congress reports on the progress and outcomes of any pilot 
program conducted under this subsection, together with 
recommendations--
          (1) for the conduct of additional pilot programs 
        under this section; and
          (2) for such legislation and administrative action as 
        the Presidential designee determines appropriate.
    (e) Technical assistance.
          (1) In general. The Election Assistance Commission 
        and the National Institute of Standards and Technology 
        shall provide the Presidential designee with best 
        practices or standards in accordance with electronic 
        absentee voting guidelines established under the first 
        sentence of section 1604(a)(2) of the National Defense 
        Authorization Act for Fiscal Year 2002 (Public Law 107-
        107; 115 Stat. 1277; 42 U.S.C. 1977ff note), as amended 
        by section 567 of the Ronald W. Reagan National Defense 
        Authorization Act for Fiscal Year 2005 (Public Law 108-
        375; 118 Stat. 1919) to support the pilot program or 
        programs.
          (2) Report. In the case in which the Election 
        Assistance Commission has not established electronic 
        absentee voting guidelines under such section 
        1604(a)(2), as so amended, by not later than 180 days 
        after enactment of this Act, the Election Assistance 
        Commission shall submit to the relevant committees of 
        Congress a report containing the following information:
                  (A) The reasons such guidelines have not been 
                established as of such date.
                  (B) A detailed timeline for the establishment 
                of such guidelines.
                  (C) A detailed explanation of the 
                Commission's actions in establishing such 
                guidelines since the date of enactment of the 
                Ronald W. Reagan National Defense Authorization 
                Act for Fiscal Year 2005 (Public Law 108-375; 
                118 Stat. 1919).
          (3) Relevant committees of Congress defined. In this 
        subsection, the term ``relevant committees of 
        Congress'' means--
                  (A) the Committees on Appropriations, Armed 
                Services, and Rules and Administration of the 
                Senate; and
                  (B) the Committees on Appropriations, Armed 
                Services, and House Administration of the House 
                of Representatives.
    (f) Authorization of appropriations. There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.
Pub. L. 111-84, div A, title V, subtitle H, Sec. 589, Oct. 28, 
            2009, 123 Stat. 2334.
=======================================================================


                                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 --, 20--, 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, 20----.
    ``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 ----, 20----, 
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, 20----, 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 20----.
    ``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.
    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. 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:
          (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. 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.

                              D. RULE XXXV

                                 GIFTS

    1. (a)(1) No Member, officer, or employee of the Senate 
shall knowingly accept a gift except as provided in this rule.
    (2)(A) 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) A Member, officer, or employee may not knowingly accept 
a gift from a registered lobbyist, an agent of a foreign 
principal, or a private entity that retains or employs a 
registered lobbyist or an agent of a foreign principal, except 
as provided in subparagraphs (c) and (d).
    (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)(A) Anything for which the Member, officer, or 
        employee pays the market value, or does not use and 
        promptly returns to the donor.
          (B) The market value of a ticket to an entertainment 
        or sporting event shall be the face value of the ticket 
        or, in the case of a ticket without a face value, the 
        value of the ticket with the highest face value for the 
        event, except that if a ticket holder can establish in 
        advance of the event to the Select Committee on Ethics 
        that the ticket at issue is equivalent to another 
        ticket with a face value, then the market value shall 
        be set at the face value of the equivalent ticket. In 
        establishing equivalency, the ticket holder shall 
        provide written and independently verifiable 
        information related to the primary features of the 
        ticket, including, at minimum, the seat location, 
        access to parking, availability of food and 
        refreshments, and access to venue areas not open to the 
        public. The Select Committee on Ethics may make a 
        determination of equivalency only if such information 
        is provided in advance of the event.
          (C)(i) Fair market value for a flight on an aircraft 
        described in item (ii) shall be the pro rata share of 
        the fair market value of the normal and usual charter 
        fare or rental charge for a comparable plane of 
        comparable size, as determined by dividing such cost by 
        the number of Members, officers, or employees of 
        Congress on the flight.
          (ii) A flight on an aircraft described in this item 
        is any flight on an aircraft that is not--
                  (I) operated or paid for by an air carrier or 
                commercial operator certificated by the Federal 
                Aviation Administration and required to be 
                conducted under air carrier safety rules; or
                  (II) in the case of travel which is abroad, 
                an air carrier or commercial operator 
                certificated by an appropriate foreign civil 
                aviation authority and the flight is required 
                to be conducted under air carrier safety rules.
          (iii) This subclause shall not apply to an aircraft 
        owned or leased by a governmental entity or by a Member 
        of Congress or a Member's immediate family member 
        (including an aircraft owned by an entity that is not a 
        public corporation in which the Member on Member's 
        immediate family member had an ownership interest), 
        provided that the Member does not use the aircraft any 
        more than the Member's or immediate family member's 
        proportionate share of ownership allows.
          (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)\1\ of the Ethics in Government Act) of 
        an individual other than a registered lobbyist or agent 
        of a foreign principal.
---------------------------------------------------------------------------
    \1\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.
          (24) Subject to the restrictions in subparagraph 
        (a)(2)(A), free attendance at a constituent event 
        permitted pursuant to subparagraph (g).
    (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.
    (5) During the dates of the national party convention for 
the political party to which a Member belongs, a Member may not 
participate in an event honoring that Member, other than in his 
or her capacity as the party's presidential or vice 
presidential nominee or presumptive nominee, if such event is 
directly paid for by a registered lobbyist or a private entity 
that retains or employs a registered lobbyist.
    (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.
    (g)(1) A Member, officer, or employee may accept an offer 
of free attendance in the Member's home State at a conference, 
symposium, forum, panel discussion, dinner event, site visit, 
viewing, reception, or similar event, provided by a sponsor of 
the event, if--
          (A) the cost of meals provided the Member, officer, 
        or employee is less than $50;
          (B)(i) the event is sponsored by constituents of, or 
        a group that consists primarily of constituents of, the 
        Member (or the Member by whom the officer or employee 
        is employed); and
          (ii) the event will be attended primarily by a group 
        of at least 5 constituents of the Member (or the Member 
        by whom the officer or employee is employed) provided 
        that a registered lobbyist shall not attend the event; 
        and
          (C)(i) 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
          (ii) 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) For purposes of this subparagraph, the term `free 
attendance' has the same meaning given such term in 
subparagraph (d).
    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 or a 
private entity that retains or employs 1 or more registered 
lobbyists or agents 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 complies with the 
requirements of this paragraph.
    (2)(A) Notwithstanding clause (1), a reimbursement 
(including payment in kind) to a Member, officer, or employee 
of the Senate from an individual, other than a registered 
lobbyist or agent of a foreign principal, that is a private 
entity that retains or employs 1 or more registered lobbyists 
or agents of a foreign principal shall be deemed to be a 
reimbursement to the Senate under clause (1) if--
          (i) the reimbursement is for necessary 
        transportation, lodging, and related expenses for 
        travel to a meeting, speaking engagement, factfinding 
        trip, or similar event described in clause (1) in 
        connection with the duties of the Member, officer, or 
        employee and the reimbursement is provided only for 
        attendance at or participation for 1 day (exclusive of 
        travel time and an overnight stay) at an event 
        described in clause (1); or
          (ii) the reimbursement is for necessary 
        transportation, lodging, and related expenses for 
        travel to a meeting, speaking engagement, factfinding 
        trip, or similar event described in clause (1) in 
        connection with the duties of the Member, officer, or 
        employee and the reimbursement is from an organization 
        designated under section 501(c)(3) of the Internal 
        Revenue Code of 1986.
    (B) When deciding whether to preapprove a trip under this 
clause, the Select Committee on Ethics shall make a 
determination consistent with regulations issued pursuant to 
section 544(b) of the Honest Leadership and Open Government Act 
of 2007. The committee through regulations to implement 
subclause (A)(i) may permit a longer stay when determined by 
the committee to be practically required to participate in the 
event, but in no event may the stay exceed 2 nights.
    (3) For purposes of clauses (1) and (2), events, the 
activities of which are substantially recreational in nature, 
shall not be considered to be in connection with duties of a 
Member, officer, or employee as an officeholder.
    (b) Before an employee may accept reimbursement pursuant to 
subparagraph (a), the employee shall receive advance written 
authorization from the Member or officer under whose direct 
supervision the employee works. 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 Member, officer, or employee that receives 
reimbursement under this paragraph shall disclose the expenses 
reimbursed or to be reimbursed, the authorization under 
subparagraph (b) (for an employee), and a copy of the 
certification in subparagraph (e)(1) to the Secretary of the 
Senate not later than 30 days after the travel is completed. 
Each disclosure made under this subparagraph 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;
          (6) a description of meetings and events attended; 
        and
          (7) 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)(1) A Member, officer, or employee of the Senate may not 
accept a reimbursement (including payment in kind) for 
transportation, lodging, or related expenses under subparagraph 
(a) for a trip that was--
          (A) planned, organized, or arranged by or at the 
        request of a registered lobbyist or agent of a foreign 
        principal; or
          (B)(i) for trips described under subparagraph 
        (a)(2)(A)(i) on which a registered lobbyist accompanies 
        the Member, officer, or employee on any segment of the 
        trip; or
          (ii) for all other trips allowed under this 
        paragraph, on which a registered lobbyist accompanies 
        the Member, officer, or employee at any point 
        throughout the trip.
    (2) The Select Committee on Ethics shall issue regulations 
identifying de minimis activities by registered lobbyists or 
foreign agents that would not violate this subparagraph.
    (e) A Member, officer, or employee shall, before accepting 
travel otherwise permissible under this paragraph from any 
source--
          (1) provide to the Select Committee on Ethics a 
        written certification from such source that--
                  (A) the trip will not be financed in any part 
                by a registered lobbyist or agent of a foreign 
                principal;
                  (B) the source either--
                          (i) does not retain or employ 
                        registered lobbyists or agents of a 
                        foreign principal and is not itself a 
                        registered lobbyist or agent of a 
                        foreign principal; or
                          (ii) certifies that the trip meets 
                        the requirements of subclause (i) or 
                        (ii) of subparagraph (a)(2)(A);
                  (C) the source will not accept from a 
                registered lobbyist or agent of a foreign 
                principal or a private entity that retains or 
                employs 1 or more registered lobbyists or 
                agents of a foreign principal, funds earmarked 
                directly or indirectly for the purpose of 
                financing the specific trip; and
                  (D) the trip will not in any part be planned, 
                organized, requested, or arranged by a 
                registered lobbyist or agent of a foreign 
                principal and the traveler will not be 
                accompanied on the trip consistent with the 
                applicable requirements of subparagraph 
                (d)(1)(B) by a registered lobbyist or agent of 
                a foreign principal, except as permitted by 
                regulations issued under subparagraph (d)(2); 
                and
          (2) after the Select Committee on Ethics has 
        promulgated regulations pursuant to section 544(b) of 
        the Honest Leadership and Open Government Act of 2007, 
        obtain the prior approval of the committee for such 
        reimbursement.
    (f) 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.
    (g) The Secretary of the Senate shall make all advance 
authorizations, certifications, and disclosures filed pursuant 
to this paragraph available for public inspection as soon as 
possible after they are received, but in no event prior to the 
completion of the relevant travel.
    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 or 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 or an entity that hires or retains 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. (a) 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.
    (b) 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.
    (c) If an officer of the Senate or an employee on the staff 
of a Member or on the staff of a committee whose rate of pay is 
equal to or greater than 75 percent of the rate of pay of a 
Member and employed at such rate for more than 60 days in a 
calendar year, upon leaving that position, becomes a registered 
lobbyist, or is employed or retained by such a registered 
lobbyist or an entity that employs or retains a registered 
lobbyist for the purpose of influencing legislation, such 
employee may not lobby any Member, officer, or employee of the 
Senate for a period of 1 year after leaving that position.
    10. Paragraphs 8 and 9 shall not apply to contacts with the 
staff of the Secretary of the Senate regarding compliance with 
the lobbying disclosure requirements of the Lobbying Disclosure 
Act of 1995.
    11. (a) If a Member's spouse or immediate family member is 
a registered lobbyist, or is employed or retained by such a 
registered lobbyist or an entity that hires or retains a 
registered lobbyist for the purpose of influencing legislation, 
the Member shall prohibit all staff employed or supervised by 
that Member (including staff in personal, committee, and 
leadership offices) from having any contact with the Member's 
spouse or immediate family member that constitutes a lobbying 
contact as defined by section 3 of the Lobbying Disclosure Act 
of 1995 by such person.
    (b) Members and employees on the staff of a Member 
(including staff in personal, committee, and leadership 
offices) shall be prohibited from having any contact that 
constitutes a lobbying contact as defined by section 3 of the 
Lobbying Disclosure Act of 1995 by any spouse of a Member who 
is a registered lobbyist, or is employed or retained by such a 
registered lobbyist.
    (c) The prohibition in subparagraph (b) shall not apply to 
the spouse of a Member who was serving as a registered lobbyist 
at least 1 year prior to the most recent election of that 
Member to office or at least 1 year prior to his or her 
marriage to that Member.
    12. (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.
    13. 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.
    14. (a) A Member shall not negotiate or have any 
arrangement concerning prospective private employment until 
after his or her successor has been elected, unless such Member 
files a signed statement with the Secretary of the Senate, for 
public disclosure, regarding such negotiations or arrangements 
not later than 3 business days after the commencement of such 
negotiation or arrangement, including the name of the private 
entity or entities involved in such negotiations or 
arrangements, and the date such negotiations or arrangements 
commenced.
    (b) A Member shall not negotiate or have any arrangement 
concerning prospective employment for a job involving lobbying 
activities as defined by the Lobbying Disclosure Act of 1995 
until after his or her successor has been elected.
    (c)(1) An employee of the Senate earning in excess of 75 
percent of the salary paid to a Senator shall notify the Select 
Committee on Ethics that he or she is negotiating or has any 
arrangement concerning prospective private employment.
    (2) The notification under this subparagraph shall be made 
not later than 3 business days after the commencement of such 
negotiation or arrangement.
    (3) An employee to whom this subparagraph applies shall--
          (A) recuse himself or herself from--
                  (i) any contact or communication with the 
                prospective employer on issues of legislative 
                interest to the prospective employer; and
                  (ii) any legislative matter in which there is 
                a conflict of interest or an appearance of a 
                conflict for that employee under this 
                subparagraph; and
          (B) notify the Select Committee on Ethics of such 
        recusal.
    15. 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).
    (c) For purposes of reimbursement under this rule, fair 
market value of a flight on an aircraft shall be determined as 
provided in paragraph 1(c)(1)(C) of rule XXXV.
    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.
    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.
    (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

    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.
    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.
    6. No Member, with the intent to influence solely on the 
basis of partisan political affiliation an employment decision 
or employment practice of any private entity, shall--
          (a) take or withhold, or offer or threaten to take or 
        withhold, an official act; or
          (b) influence, or offer or threaten to influence the 
        official act of another.

   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, 
                 current through Acts 2010, No. 10232.

Primary Elections, when held.
          Primary elections are not compulsory (Sec. 17-13-42). 
        If held, primary elections shall be held on the first 
        Tuesday in June (June 1, 2010) (Sec. 17-13-3). If no 
        candidate has majority, a second or runoff primary 
        election shall be held on the sixth Tuesday following 
        the primary election (July 13, 2010) (Sec. 17-13-3).
Nominating Papers, Petitions, Etc.
          Party candidate for primary
          Declaration of candidacy.--File with chairman of 
        state party chair not later than 5 p.m. on 60th day 
        before primary (Sec. 17-13-5).
          Convention, caucus, or mass meeting, certificate of 
        nominations.--File with Secretary of State on or before 
        5 p.m. on the date of the first primary election. 
        (Sec. 17-9-3(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. on the date of the first primary election 
        (Sec. 17-9-3(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 set by party.
          To whom paid.--Apparently set by party. (Sec. 17-13-
        47).
Crossfiling by Candidates.
          Prohibited. Candidate must pledge to support party 
        (Sec. Sec. 17-13-6, 17-13-7, 17-13-8).
Subversive Parties Barred from Ballot.
          No provisions were found.
Write-in Provisions.
          Permitted in general election (Sec. 17-6-28, Sec. 17-
        6-40); on voting machines in general elections 
        (Sec. 17-7-21(8)).
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. 17-15-4). For special 
        election procedures, see Sec. Sec. 17-15-1--17-15-7.

                                 Alaska

Unless otherwise indicated, references are to Alaska Statutes, current 
   through the 2009 first session of Twenty-Sixth State Legislature.

Primary Elections, when held.
          Fourth Tuesday in August in every even-numbered year 
        (Sec. 15.25.020). (August 24, 2010).
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 50 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, current through the Forty-Ninth Legislature.

Primary Elections, when held.
          Tenth Tuesday prior to general election (Sec. 16-
        201). (August 24, 2010).
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 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). A petition for recognition of a 
        new political party shall be filed with the secretary 
        of state not less than one hundred forty days before 
        the primary election. If seeking both state and county 
        recognition, may file the original petition with the 
        officer in charge of elections for the county and a 
        certified copy of the petition with the Secretary of 
        State. (Sec. Sec. 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 180 days prior to the primary 
        election (Sec. 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 before 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 Annotated, 
 current through the 2010 Fiscal Session and updates from the Arkansas 
            Code Revision Commission through April 21, 2010.

Primary Elections, when held.
          Preferential primary.--On the Tuesday 3 weeks prior 
        to the general primary (Sec. 7-7-203). (May 18, 2010) 
        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 8, 
        2010) 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 7th 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 first weekday 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 seventy 
        (70) days before the preferential primary election the 
        Secretary of State 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.--A group desiring to form a new political 
        party may file a petition with the Secretary of State 
        containing the signatures of at least ten thousand 
        (10,000) registered voters in the state. The petitions 
        can be circulated during any ninety-day period. The 
        Secretary of State shall determine the sufficiency of 
        the signatures submitted within thirty days of filing. 
        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. Nominated candidates 
        shall file a political practice pledge with the 
        Secretary of State or county clerk, as the case may be, 
        no later than sixty days prior to the general election. 
        If the new party maintains party status by obtaining 
        three percent of the total vote cast for the office of 
        Governor or nominees for presidential electors at the 
        first election after certification, the new political 
        party shall nominate candidates in the party. (Sec. 7-
        7-205).
          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 
        shall be counted or tabulated unless the candidate 
        notifies in writing the county board of election 
        commissioners and the Secretary of State of his 
        intention to be a write-in candidate, and files a 
        political practices pledge and an affidavit of 
        eligibility for the office at the same time. The notice 
        of write-in candidacy, the political practices pledge, 
        and the affidavit of eligibility are filed no earlier 
        than noon on the last day of the party filing period 
        and not later than ninety (90) days before the 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, on or before 
        noon of the last day of the political party filing 
        period (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.
          Parties that either directly or indirectly advocates, 
        teaches, justifies, aids, or abets the overthrow by 
        force or violence, or by any unlawful means, of the 
        government of the United States or this state, or an 
        act of terrorism will not be recognized, qualified to 
        participate, or permitted to have the names of its 
        candidates printed on the ballot in any election. 
        (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 no 
        earlier than noon on the last day of the party filing 
        period and 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 but in no 
        event more than 120 days after the vacancy occurs 
        (Sec. 7-8-102).

                               California

Unless otherwise indicated, references are to the Deering's California 
Code Annotated, current through 2009-2010 Extraordinary Session 1-5, 7, 
   and 8, and Urgency Legislation through ch. 21 of the 2010 Regular 
                                Session.

Primary Elections, when held.
          The statewide direct primary shall be held on the 
        first Tuesday after the first Monday in June of each 
        even-numbered year. (Sec. 1201) (June 8, 2010).
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. 8020, 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 no earlier than 148 days before the 
        election and no later than 5 p.m. 88 days before 
        (Sec. 8403).
          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, glued stamps, or any other device 
        not provided for in the voting procedures for the 
        voting system approved by the Secretary of State to 
        indicate the name of the write-in candidate are not 
        valid. (Sec. 15342(c)). Write-in candidate must comply 
        with filing requirements (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 Colorado Revised 
          Statutes Annotated current through October 15, 2009.

Primary Elections, when held.
          Second Tuesday in August in each even-numbered year 
        (Sec. Sec. 1-1-104(32), 1-4-101). (August 10, 2010).
Nominating Papers, Petitions, Etc.
          Major party candidate for primary
          Certificate of designation for candidates selected by 
        assembly of political party.--An assembly shall take no 
        more than two ballots for party candidates for each 
        office to be filled at the next general election. Every 
        candidate receiving thirty percent or more of the votes 
        of all duly accredited assembly delegates who are 
        present and voting on that office shall be certified by 
        affidavit of the presiding officer and secretary of the 
        assembly. If no candidate receives thirty percent or 
        more of the votes of all duly accredited assembly 
        delegates who are present and voting, a second ballot 
        shall be cast on all the candidates for that office. If 
        on the second ballot no candidate receives thirty 
        percent or more of the votes cast, the two candidates 
        receiving the highest number of votes shall be 
        certified as candidates for that office by the 
        assembly. The certificate of designation by assembly 
        shall state the name of the office for which each 
        person is a candidate and the candidate's name and 
        address, shall designate in not more than three words 
        the name of the political party which the candidate 
        represents, and shall certify that the candidate has 
        been a member of the political party for the period of 
        time required by party rule or by law if the party has 
        no such rule. The candidate's affiliation, as shown on 
        the registration books of the county clerk and 
        recorder, is prima facie evidence of political party 
        membership. The certificate of designation shall 
        indicate the order of the vote received at the assembly 
        by candidates for each office, but no assembly shall 
        declare that any one candidate has received the 
        nomination of the assembly. The certificate of 
        designation shall be filed in accordance with section 
        1-4-604. If two or more candidates receiving 
        designation under the provisions of this subsection (2) 
        have received an equal number of votes, the order of 
        certification of designation shall be determined by lot 
        by the candidates. The assembly shall select a vacancy 
        committee for vacancies in designation or nomination 
        only. (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 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, current through the 2009 legislation.

Primary Elections, when held.
          Primary Date. The second Tuesday in August in the 
        year in which such state election is held Sec. 9-423 
        (August 10, 2010).
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
          The nomination by a minor party of any candidate for 
        office, including an office established after the last-
        preceding election may be made in the manner prescribed 
        in the rule of such party, or alterations or amendments 
        thereto, filed with the Secretary of the State (Sec. 9-
        451).
          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-
        453d). 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. 9-453i). 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 unless such petition is circulated 
        by an existing minor party with the same party 
        designation at the time of such nomination, and the 
        minor party is otherwise qualified to nominate 
        candidates on the same ballot. (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 current through 77 Del. Laws, ch. 274.

Primary Elections, when held.
          Primary elections for all political parties shall be 
        conducted on the second Tuesday in September 
        (Sec. 3101(3)) (September 14, 2010).
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 current through the 2010-29 Regular Session.

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 10 weeks 
        prior to the general election (August 24, 2010). 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).).
          Independent candidate.--Independent candidates shall 
        file his or her qualifying papers and pay the 
        qualifying fee or qualify by the petition process 
        pursuant to s. 99.095 with the officer and during the 
        times and under the circumstances prescribed in s. 
        99.061 (Sec. 99.0955). A candidate must obtain the 
        number of signatures of voters in the geographical area 
        represented by the office sought equal to at least 1 
        percent of the total number of registered voters of 
        that geographical area, as shown by the compilation by 
        the department for the immediately preceding general 
        election. Signatures may not be obtained until the 
        candidate has filed the appointment of campaign 
        treasurer and designation of campaign depository 
        pursuant to s. 106.021 and are valid only for the 
        qualifying period immediately following such filings 
        (Sec. 99.095).
          Minor party candidates.--Minor political party is any 
        group which on January 1 preceding a primary election 
        does not have registered as members seventeen percent 
        of the total registered electors of the State 
        (Sec. 97.0215)(17).
          A candidate of a minor political party shall file his 
        or her qualifying papers with, and pay the qualifying 
        fee and, if one has been levied, the party assessment, 
        or qualify by the petition process pursuant to s. 
        99.095, with the officer and at the times and under the 
        circumstances provided in s. 99.061. (Sec. 99.096).
Filing Fees and Assessments.
          Amount--filing fee. Three percent of annual salary of 
        the office sought (Sec. 99.092).
          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 
        (ibid.).
          To whom paid.--Department of State (Sec. 99.061(1)).
          Alternative petition.--A person may qualify to have 
        his name on the ballot by a petitioning process and is 
        not required to pay the qualifying or party assessment. 
        (Sec. 99.095).
Crossfiling by Candidate.
          Prohibited. A candidate shall, at the time of 
        subscribing to the oath or affirmation, state in 
        writing: the party of which the person is a member; and 
        that the person is not a registered member of any other 
        political party and has not been a candidate for 
        nomination for any other political party for a period 
        of 6 months preceding the general election for which 
        the person seeks to qualify (Sec. 99.021).
Subversive Parties Barred from Ballot.
          Communist Party.--Sec. Sec. 876.01, 876.02, 876.30.
          Advocating overthrow of Government by force--
        Sec. Sec. 876.01, 876.30.
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 (2010), current through 2009 Regular Session.

Primary Elections, when held.
          Primary elections are held on the third Tuesday in 
        July in each even-numbered year (Sec. 21-2-150). (July 
        20, 2010).
          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 for a state-wide office by a 
        duly constituted political body convention; (4) 
        nomination of presidential electors; (5) substitute 
        nomination of a political party; (6) participation in 
        special election; or (7) 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)).
          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.)
        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).
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 Michie's Hawaii 
Revised Statutes Annotated, current for 2010 Legislation Acts 1 through 
                                  11.

Primary Elections, when held.
          Second to last Saturday of September (September 18, 
        2010) 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 (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-tenth of 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., 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 Statutes 
            Annotated, current through 2009 Regular Session.

Primary Elections, when held.
          Fourth Tuesday in May (May 25, 2010). (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 Public Act 
                96-903 of the 2010 Legislative Session.

Primary Elections, when held.
          First Tuesday in February (February 2, 2010). 
        (Sec. 5/2A-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 134 days but not more 
        than 141 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.
          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. Sec. 5/8-9, 5/10-7).
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 the 2010 Second Regular Session.

Primary Elections, when held.
          First Tuesday after first Monday in May in general 
        election years (Sec. 3-10-1-3). (May 4, 2010).
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 electronic voting systems 
        (Sec. 3-11-14-3.5).
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 Annotated 
    Statutes current through the 2009 Supplement (2009 Legislation).

Primary Elections, when held.
          First Tuesday after the first Monday in June in even-
        numbered years (June 8, 2010) (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. 43.66) and in general 
        election (Sec. 49.99); optical scan machines 
        (Sec. 52.26).
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, through the 2009 Supplement.

Primary Elections, when held.
          First Tuesday in August of even-numbered years 
        (Sec. 25-203), for nomination of candidates for United 
        States Senator whose term will expire during next 
        succeeding calendar year (Sec. 25-101). (August 3, 
        2010).
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 
        5 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 electronic voting systems (Sec. 25-
        4406).
Vacancy in Office.
          When a vacancy shall occur in the office of United 
        States Senator from this state, the governor shall make 
        a temporary appointment to fill such vacancy until the 
        next election of representatives in Congress, at which 
        time such vacancy shall be filled by election, and the 
        senator so elected shall take office as soon thereafter 
        as he shall receive his certificate of election (Sec.  
        25-318).

                                Kentucky

   Unless otherwise designated, references are to Kentucky's Revised 
   Statutes Annotated, current through the 2009 First Extraordinary 
                                Session.

Primary Elections, when held.
          First Tuesday after the third Monday in May 
        (Sec. 118.025) (May 18, 2010).
          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).
          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) current through the 2009 Regular Session.

Primary Elections, when held.
          First Saturday in September. (Sec. Sec. 402(B)(1), 
        1272(A)). (August 28, 2010; see 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, the two days 
        preceeding Labor Day, 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).
          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 that he meets 
        the qualifications of the office for which he is 
        qualifying, that he is not currently under an order of 
        imprisonment for conviction of a felony, that he has 
        attached the financial statement (if applicable), that 
        he does not owe any outstanding fines, fees, or 
        penalties pursuant to the Code of Governmental Ethics, 
        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 second Wednesday in July and ending on the 
        following Friday at 5:00 p.m. (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.
          No provisions were found.
Write-in Provisions.
          No statutory provisions found.
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).
          If a vacancy occurs and the unexpired term is less 
        than one year, no special election shall be held and if 
        a senator is appointed to fill the vacancy, he shall 
        serve for the remainder of the unexpired term, and his 
        successor shall be elected at the next regular election 
        for United States senator.

                                 Maine

Unless otherwise designated, references are to Title 21-A of the Maine 
Revised Statutes Annotated, current with Emergency Legislation through 
      Chapter 510 of the 2009 Second Regular Session of the 124th 
                              Legislature.

Primary Elections, when held.
          Second Tuesday of June of each general election year 
        (Sec. 339) (June 8, 2010).
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 in the election year in which it is to 
        be used (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 complies with either section 722-A or 
        section 737-A, subsection 2-A and who fulfills the 
        other qualifications under section 334, 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 
        under section 335, subsection 5, on a primary petition 
        for a candidate for that office. (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 of the candidate 
        (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 the Annotated Code of 
   Maryland current through all Chapters of the 2010 Regular Session.

Primary Elections, when held.
          In 2000 and every sixth year thereafter (Sec. 8-601) 
        in the year in which the Governor is elected, on the 
        second Tuesday after the first Monday in September; and 
        in the year in which the President of the United States 
        is elected, on the second Tuesday in February (Sec. 8-
        201) (February 14, 2012).
Nominating Papers, Petitions, Etc.
          Nominations shall be made by party primary, for 
        candidates of a principal political party; by petition, 
        for candidates not affiliated with any political party; 
        or in accordance with the constitution and by-laws of 
        the political party, for candidates of a political 
        party that does not nominate by party primary (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 nomination 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.--Nomination is made in 
        accordance with the constitution and by-laws of the 
        political party (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 the Annotated Laws of 
 Massachusetts Current through Act 91 of the 2010 Legislative Session.

Primary Elections, when held.
          Seventh Tuesday preceding biennial State elections 
        (ch. 53, Sec. 28) (September 14, 2010).
          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 (ch. 53, Sec. 44). A nomination 
        paper must contain the candidate's written acceptance 
        (ch. 53, 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 
        (ch. 53, Sec. 46). File with Secretary of State on or 
        before first Tuesday in June of the year in which a 
        State election is to be held (ch. 53, 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 (ch. 53, 
        Sec. 48).
          Independent candidate
          Nomination papers. 10,000 signatures of voters are 
        required (ch. 53, Sec. 6). Candidate's written 
        acceptance must accompany nomination papers (ch. 53, 
        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 (ch. 53, Sec. 7). File with 
        Secretary of State (ch. 53, Sec. 9) on or before last 
        Tuesday in August of the year in which a State election 
        is held (ch. 53, Sec. 10) (August 29, 2000). Also file 
        certificate of registration as voter by deadline for 
        filing nomination papers (ch. 53, 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 (ch. 53, 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. (ch. 53, 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 (ch. 53, Sec. 3).
Filing Fees and Assessments.--No statutory provisions.
Crossfiling by Candidates.
          Prohibited. Candidate must be enrolled member of 
        political party whose nomination he seeks (ch. 53, 
        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 (ch. 53, Sec. Sec. 6, 
        48). No person shall be a candidate for nomination for 
        more than one office, except membership in political 
        committees (ch. 53, Sec. 46).
Write-in Provisions.
          Permitted in primary (ch. 53, 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 (ch. 53, Sec. 40), 
        and, in general election, on voting machines (ch. 54, 
        Sec. 33D) and electronic voting systems (ch. 54, 
        Sec. 33E).
Vacancy in Office.
          Upon upon creation of a vacancy in that office, the 
        governor shall immediately cause precepts to be issued 
        to the aldermen in every city and the selectmen in 
        every town in the district, directing them to call an 
        election on the day appointed in the precepts for the 
        election of such senator or representative. The day so 
        appointed shall not be more than 160 nor less than 145 
        days after the date that a vacancy is created or a 
        failure to choose occurs. If a vacancy under this 
        section is created after February 1 of an even-numbered 
        year, the governor shall not issue the precepts. If a 
        vacancy is created for senator in congress after April 
        10 of an even-numbered year, the governor shall issue 
        precepts under this section, unless section 152 
        requires that office to appear on the biennial state 
        election ballot in that year. If this section prevents 
        issuance of precepts for senator, the office shall 
        appear on the biennial state election ballot in that 
        year. If a vacancy for senator is created after April 
        10 of an even-numbered year, but on or before the 
        seventieth day preceding the regular state primary, the 
        precepts shall appoint the day of the regular state 
        primary and the biennial state election for holding the 
        special primary and special election required by this 
        section (ch. 54, Sec. 140).

                                Michigan

 Unless otherwise designated, references are to Michigan Compiled Laws 
    Service current through P.A. 55 of the 2010 Legislative Session.

Primary Elections, when held.
          Tuesday after first Monday in August preceding 
        general November elections (Sec. Sec. 168.92, 168.534) 
        (August 3, 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). 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). 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 provisions were found.
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 second Friday immediately before 
        the election (Sec. 168.737a). 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, 
        168.737(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 second Friday 
        immediately before the election (Sec. 168.737a).
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 Annotated 
          Statutes current throught the 2009 Regular Session.

Primary Elections, when held.
          Second Tuesday in August in even-numbered years 
        (Sec. 204D.03) (August 10, 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 a successor is elected and qualified at a 
        special or regular election (Sec. 204D.28).

                              Mississippi

 Unless otherwise designated, references are to Mississippi Code 2005.

Primary Election held.
          The first Tuesday in June of the years in which 
        congressmen are elected, and the second primary, when 
        one is necessary, shall be held three (3) weeks 
        thereafter. Each year in which a presidential election 
        is held, the congressional primary shall be held the 
        second Tuesday in March of each year (Sec. Sec. 23-15-
        1031, 23-15-1081) (June 1, 2010).
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 however, no petition may be 
        filed before January 1 of the year in which the 
        election is held. (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. 23-15-365), 
        electronic voting systems (Sec. 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 Missouri Annotated 
   Statutes current through the 95th General Assembly, First Regular 
                             Session 2009.

Primary Elections, when held.
          First Tuesday after first Monday in August of even-
        numbered years (Sec. Sec. 115.121, 115.341) (August 3, 
        2010).
          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 current through the 2009 Regular and Special Session.

Primary Elections, when held.
          First Tuesday after first Monday in June before the 
        general elections (Sec. 13-1-107(1)). (June 8, 2010).
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. A petition for 
        nomination and the affidavits of circulation required 
        by 13-27-302, accompanied by the required filing fee, 
        must be filed with the same officer with whom other 
        nominations for the office sought are filed. Petitions 
        must be submitted, at least 1 week before the deadline 
        for filing, to the election administrator in the county 
        where the signer resides for verification and 
        certification by the procedures provided in 13-27-303 
        through 13-27-306. If there are insufficient signatures 
        on the petition, additional signatures may be submitted 
        before the deadline for filing. If sufficient 
        signatures are verified and certified pursuant to 13-
        10-502, the county election administrator shall file 
        the petition for nomination with 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 10th day before the date 
        established under 13-13-205 on which a ballot must be 
        available for absentee voting for 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 2009 101st First Special 
                                Session.

Primary Elections, when held.
          First Tuesday after second Monday in May in even-
        numbered years (Sec. 32-401). (May 11, 2010).
          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 at least 
        4,000 registered voters of the State and at least 50 
        signatures shall be obtained in each one-third of the 
        counties in 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 
        optical-scan ballots and electronic voting systems. 
        (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 74th Legislature (2007) and 24th and 
25th special session (2008), and updates received from the Legislative 
                   Counsel Bureau through April 2009.

Primary Elections, when held.
          Second Tuesday in June in each even-numbered year. 
        (June 8, 2010) (Sec. 293.175(1).
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 of the year 
        in which the election is to be held 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. Sec. 293.180, 293.193, 293.200).
          Amount.--$500.
          Date of payment.--At time of filing nomination papers 
        by candidate.
          To whom paid.--Secretary of State.
Crossfiling by Candidates.
          Prohibited.--No person may be a candidate of a major 
        political party for partisan office in any election if 
        he has changed (a) The designation of his political 
        party affiliation; or (b) His designation of political 
        party from nonpartisan to a designation of a political 
        party affiliation, on an application to register to 
        vote in the State of Nevada or in any other state 
        during the time beginning on December 31 preceding the 
        closing filing date for that election and ending on the 
        date of that election whether or not his previous 
        registration was still effective at the time of the 
        change in party designation (Sec. 293.176).
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 Chapter 4 of the 2010 Session.

Primary Elections, when held.
          Second Tuesday in September of every even-numbered 
        year (Sec. 653:8) (September 14, 2010).
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, 664:56, 655:20).
          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. 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. The filing fee is $5,000 for 
        a candidate for the U.S. Senate (Sec. 655:19).
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 current through the 214th Legislature.

Primary Elections, when held.
          Tuesday after first Monday in June (Sec. 19:23-40). 
        (June 8, 2010).
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 
        (Sec. 19:13-9).
          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).
          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, 
   current through the First Special Session of the 49th Legislature.

Primary Elections, when held.
          First Tuesday in June of each even-numbered year 
        (Sec. 1-8-11). (June 1, 2010).
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 twenty 
        first day following the primary election. 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. 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 New York Consolidated Laws 
                Service current through March 24, 2010.

Primary Elections, when held.
          First Tuesday after second Monday in September 
        (Sec. 8-100). (September 14, 2010).
          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. 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 (N.Y. Pub. Off. Law Sec. 42(4-
        a)).

                             North Carolina

 Unless otherwise designated, references are to North Carolina General 
           Statutes current through the 2009 Regular Session.

Primary Elections, when held.
          Tuesday next after the first Monday in May (Sec. 163-
        1(b)). (May 4, 2010).
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 7 weeks after 
        the first primary (Sec. 163-111(e)). (June 22, 2010).
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. Also, the petition must 
        be signed by at least 200 registered voters from each 
        of 4 congressional districts. 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. Sec. 163-106(c), 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 the same 
        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 current through the 2009 Legislative Session.

Primary Elections, when held.
          Second Tuesday in June in general election years 
        (Sec. 16.1-11-01). (June 8, 2010).
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, may be presented in 
        lieu of a candidate's petition, signed by the state 
        chairman of a legally recognized political party 
        containing the candidate's name, post-office address, 
        and telephone number, the title of the office, and the 
        party the candidate represents (Sec. 16.1-11-06).
          Independent candidate
          Certificate of nomination.--No fewer than 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. 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 legislation passed by the 128th Ohio General Assembly 
         and filed with the Secretary of State through File 30.

Primary Elections, when held.
          On the first Tuesday after the first Monday in May of 
        every other year (Sec. 3513.01(A)). (May 4, 2010)
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 seventy-second 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 the 2009 First Regular Session of the 52nd Legislature.

Primary Elections, when held.
          Last Tuesday in July in even-numbered years (Sec. 1-
        102). (July 27, 2010).
          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 24, 
        2010).
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 through the 2009 Session of the 75th Legislative Assembly.

Primary Elections, when held.
          Third Tuesday in May of each even-numbered year 
        (Sec. 254.056(2)). (May 18, 2010).
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 250th 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 250th day and not 
        later than the 70th day before the date of the 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. If the candidate is seeking the 
        nomination of a major political party, a statement that 
        the candidate, if not nominated, will not accept the 
        nomination or endorsement of any political party other 
        than the one of which the candidate is a member on the 
        date the petition or declaration is filed. 
        (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).
          A candidate for nomination of a major political party 
        to a public office who fails to receive the nomination 
        may not be the candidate of any other political party 
        or a nonaffiliated candidate for the same office 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 of 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 occurs 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 Pennsylvania 
   Statutes Annotated current through Act 17 of the 2010 Legislative 
                                Session.

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 18, 2010).
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.
          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 (Title 65, Sec. 224).
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, current through the January 2009 Session.

Primary Elections, when held.
          Second Tuesday after first Monday in September of 
        even numbered years (Sec. 17-15-1). (September 14, 
        2010). 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.
          Whenever a person elected a senator in congress, at 
        any time between the day of that person's election and 
        the beginning of his or her term of office, refuses to 
        serve and so declares to the secretary of state, or 
        dies, becomes insane, removes from the state, or is 
        otherwise incapacitated, or whenever a vacancy happens 
        in the representation of this state in the United 
        States senate, the governor shall issue his or her writ 
        of election directed to the several city and town 
        clerks, or local boards as the case may be, ordering a 
        new election of senator to fill the vacancy to be held 
        in the state at as early a date, to be stated in the 
        writ, as will be in compliance with the provisions of 
        law in relation to these elections, but not election 
        provided for by this section shall be held exclusively 
        on Saturday; provided, that whenever a vacancy occurs 
        between the first day of July and the first day of 
        October in any even numbered year, the governor shall, 
        unless in his or her opinion the public good requires 
        an earlier special election, issue his or her writ for 
        a special election to fill the vacancy to be held with 
        the general election on the Tuesday next after the 
        first Monday in November of that year (Sec. 17-4-9).

                             South Carolina

Unless otherwise designated, references are to the South Carolina Code 
      of Laws Annotated current through the 2009 Regular Session.

Primary Elections, when held.
          Second Tuesday in June in general election years 
        (Sec. 7-13-40) (June 8, 2010).
          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 preparing 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 Statutes 
   Annotated current through all 2009 legislation passed at the 84th 
                            Regular Session

Primary Elections, when held.
          First Tuesday after the first Monday in June in even-
        numbered years (Sec. Sec. 12-2-1). (June 8, 2010).
          If no candidate receives 35 percent of the votes of 
        his party, a secondary election is held 3 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 (Sec. 12-6-7). No candidate 
        for any office to be filled, or nomination to be made, 
        at the primary election, other than a presidential 
        election, may have that person's name printed upon the 
        official primary election ballot of that person's 
        party, unless a petition has been filed on that 
        person's behalf not prior to January first, and not 
        later than the last Tuesday of March at five p.m. prior 
        to the date of the primary election (Sec. 12-6-4).
          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. 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 (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 2010 First Extraordinary Session

Primary Elections, when held.
          First Thursday in August in even-numbered years 
        (Sec. 2-13-202, 2-1-104(25)). (August 5, 2010).
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 a primary election, or party caucus 
        in any county having a population of not less than 
        twenty-seven thousand five hundred (27,500) nor more 
        than twenty-seven thousand seven hundred fifty 
        (27,750), according to the 1990 federal census or any 
        subsequent federal census, shall qualify as an 
        independent for the general election. No candidate in a 
        party primary election, or party caucus in any county 
        having a population of not less than twenty-seven 
        thousand five hundred (27,500) nor more than twenty-
        seven thousand seven hundred fifty (27,750), according 
        to the 1990 federal census or any subsequent federal 
        census, 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 registered 
        voters of the district 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 Texas Annotated statutes 
              current through the 2009 1st Called Session.

Primary Elections, when held.
          First Tuesday in March in even-numbered years 
        (Sec. 41.007(a)). (March 2, 2010).
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 held under this chapter, lists of 
        precinct convention participants indicating that the 
        number of participants equals at least one 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 is entitled to have the names of its 
        nominees placed on the ballot, without qualifying, in 
        each subsequent general election following a general 
        election in which the party had a nominee for a 
        statewide office who received a number of votes equal 
        to at least five percent of the total number of votes 
        received by all candidates for that office. 
        (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 in the election year 
        (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. Sec. 172.022, 
        171.001).
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, 
            current through the 2009 First Special Session.

Primary Elections, when held
          Fourth Tuesday in June in each even-numbered year 
        (Sec. 20A-9-403) (June 22, 2010).
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.
          Each person wishing to become a valid write-in 
        candidate shall file a declaration of candidacy in 
        person with the appropriate filing officer not later 
        than 30 days before the regular general election or 
        municipal 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 the office; and ask the candidate 
        whether or not the candidate meets the requirements. If 
        the candidate cannot meet the requirements of office, 
        the filing officer may not accept the write-in 
        candidate's declaration of candicacy (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 the 2009 Regular Session and the 
                         2009 Special Session.

Primary Elections, when held.
          Fourth Tuesday in August in each even-numbered year. 
        (Sec. 2351). (August 24, 2010).
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 and not later than 5 p.m. on the third Monday of 
        July preceding the primary election (Sec. 2356).
          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 500 (Sec. 2402(b)(1)). Primary 
        petitions and statements of nomination from independent 
        candidates shall be filed no sooner than the second 
        Monday in May and not later than 5:00 p.m. on the 
        second Thursday after the first Monday in June 
        preceding the primary election and not later than 5:00 
        p.m. on the 62nd day prior to the day of a special 
        primary election. No public official receiving 
        nominations shall accept a petition unless a completed 
        and signed consent form is filed at the same time 
        (Sec. Sec. 2356, 2402).
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, 
current through the 2009 Regular Session, Acts 2009, cc. 1 to 879, and 
               Acts 2009, Special Session I, cc. 1 to 4.

Primary Elections, when held.
          Second Tuesday in June next preceding the general 
        election (Sec. 24.2-515). (June 8, 2010).
          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 Revised Code of 
 Washington and current through the 2010 Cumulative Annual Pocket Part.

Primary Elections, when held.
          Nominating primaries for general elections to be held 
        in November, and the election of precinct committee 
        officers, must be held on the third Tuesday of the 
        preceding August. (Sec. 29A.04.311)
Nominating Papers, Petitions, Etc.
          Party convention for primary
          Declaration of candidacy (Sec. 29A.24.031).--File 
        with Secretary of State not earlier than the first 
        Monday in June and no later than the following Friday 
        (Sec. Sec. 29A.24.50, 29A.24.070).
          Minor Parties and Independent Candidates
          Any nomination of a candidate for partisan public 
        office by other than a major political party may be 
        made only: (a) In a convention held not earlier than 
        the first Saturday in May and not later than the second 
        Saturday in May 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; (b) as provided by RCW 29A.60.021; or 
        (c) as otherwise provided in this section. Minor 
        political party and independent candidates may appear 
        only on the general election ballot. 
        (Sec. 29A.20.121(1))
          If a special filing period for a partisan office is 
        opened under RCW 29A.24.211, candidates of minor 
        political parties and independent candidates may file 
        for office during that special filing period. The names 
        of those candidates may not appear on the general 
        election ballot unless they are nominated by convention 
        held no later than five days after the close of the 
        special filing period and a certificate of nomination 
        is filed with the filing officer no later than three 
        days after the convention. The requirements of RCW 
        29A.20.131 do not apply to such a convention. 
        (Sec. 29A.20.121(3))
          A minor political party may hold more than one 
        convention but in no case shall any such party nominate 
        more than one candidate for any one partisan public 
        office or position. For the purpose of nominating 
        candidates for the offices of president and vice 
        president, United States senator, United States 
        representative, or a statewide office, a minor party or 
        independent candidate holding multiple conventions may 
        add together the number of signatures of different 
        individuals from each convention obtained in support of 
        the candidate or candidates in order to obtain the 
        number required by RCW 29A.20.141. For all other 
        offices for which nominations are made, signatures of 
        the requisite number of registered voters must be 
        obtained at a single convention. (Sec. 29A.20.121(4))
          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.--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. 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 current through 2009 Regular and First through Fourth 
                        Extraordinary Sessions.

Primary Elections, when held.
          Second Tuesday in May (Sec. 3-5-1) (May 11, 2010).
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 
        August 1 preceding the general election. (Sec. 3-5-24).
          Independent candidates.--Groups of citizens having no 
        party organization may nominate candidates who are not 
        already candidates in the primary election for public 
        office otherwise than by conventions or primary 
        elections. The certificate shall be personally signed 
        by duly registered voters. The number of signatures 
        shall be equal to not less than one percent of the 
        entire vote cast at the last preceding general election 
        for any statewide but in no event shall the number be 
        less than twenty-five (Sec. 3-5-23). All certificates 
        nominating candidates shall be filed not later than 
        August 1 preceding the general election (Sec. 3-5-24).
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 14, 2010).
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)).
          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), 8.21(2)(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)).
Filing Fees and Assessments--No statutory provision.
Crossfiling by Candidates.
          Prohibited.--A candidate may not run in more than one 
        party primary at the same time. No filing official may 
        accept nomination papers for the same person in the 
        same election for more than one party. 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 current through the 2009 General Session of the Legislature, 
                               Annotated.

    Primary Elections, when held.
          First Tuesday after the third Monday in August in 
        general election year (Sec. 22-2-104). (August 17, 
        2010).
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.
          Amount.--$200 (Sec. 22-5-208).
          Date of payment.--When filing application for 
        nomination.
          To whom paid.--Secretary of State. (Sec. 22-5-206, 
        Sec. 22-5-208).
          Independent candidates.
          Amount.--$200 (Sec. 22-5-208).
          Date of payment.--When filing nomination petition 
        (Sec. 22-5-306).
          To whom paid.--Secretary of State (Sec. Sec. 22-5-
        208, Sec. 22-5-306).
          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 immediately notify in 
        writing the chairman of the state central committee of 
        the political party which the last incumbent 
        represented at the time of his election, or at the time 
        of his appointment if not elected to office. The 
        chairman shall call a meeting of the state central 
        committee to be held not later than fifteen (15) days 
        after he receives notice of the vacancy. At the meeting 
        the state central committee shall select and transmit 
        to the governor the names of three (3) persons 
        qualified to fill the vacancy. Within five (5) days 
        after receiving these three (3) names, the governor 
        shall fill the vacancy by temporary appointment of one 
        (1) of the three (3) to hold the office. If the 
        incumbent who has vacated office did not represent a 
        political party at the time of his election, or at the 
        time of his appointment if not elected to office, the 
        governor shall notify in writing the chairman of all 
        state central committees of parties registered with the 
        secretary of state. The state central committees shall 
        submit to the governor, within fifteen (15) days after 
        notice of the vacancy, the name of one (1) person 
        qualified to fill the vacancy (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. 108-1, 108th Cong., 
1st Sess. at 13 (2003); 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 Government Accountability Office, 4-6 to 4-7 (2004).
    \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 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.
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                   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 three 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\
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    \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.
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    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\
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    \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.
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             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.
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               4. CAMPAIGN ACTIVITY IN A FEDERAL BUILDING

    When congressional employees become involved in campaign 
financing activities, an important consideration is a provision 
now codified at 18 U.S.C. Sec. 607, which restricts the 
solicitation or receipt of political contributions in federal 
buildings or other federal facilities. The amended and 
renumbered version of the prohibition states as follows:
    Sec. 607. Place of Solicitation
          (a) Prohibition--
                  (1) In general.--It shall be unlawful for any 
                person to solicit or receive a donation of 
                money or other thing of value in connection 
                with a Federal, State, or local election from a 
                person who is located in a room or building 
                occupied in the discharge of official duties by 
                an officer or employee of the United States. It 
                shall by unlawful for an individual who is an 
                officer or employee of the Federal Government, 
                including the President, and Members of 
                Congress, to solicit or receive a donation of 
                money or other thing of value in connection 
                with a Federal, State, or local election, while 
                in any room or building occupied in the 
                discharge of official duties by an officer or 
                employee of the United States, from any person.
    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 or Executive 
        Office of the President, 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. 36754-36755 (Dec. 18, 1979) remarks of Sen. 
Hatfield.
---------------------------------------------------------------------------
    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.\79\ 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.\80\
---------------------------------------------------------------------------
    \79\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.
    \80\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 $2,400 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 $2,400 per election to 
any candidate, $5,000 per calendar year to a political 
committee, and $30,400 to a national party committee per year, 
or make contributions aggregating over $115,500 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 Jack H. Maskell and L. Paige Whitaker, Legislative Attorneys, 
American Law Division, Congressional Research Service, Library of 
Congress.
    \1\U.S. Const., art. I, Sec. 1.
    \2\U.S. Const., art I, Sec. 2 provides: ``No person shall be a 
Representative who shall not have attained to the Age of twenty-five 
Years, and has been seven Years a Citizen of the United States, and who 
shall not, when elected, be an Inhabitant of that State in which he 
shall be chosen.''
    \3\U.S. Const., art I, Sec. 3 provides: ``No person shall be a 
Senator who shall not have attained to the Age of thirty Years, and 
been nine Years a citizen of the United States, and who shall not, when 
elected, be an Inhabitant of that State for which he shall be chosen.''
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    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\
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    \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\
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    \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 both Representatives and Senators is that, when elected, 
they are 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. 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).
    \14\1 Hinds' Precedents, supra 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. See now Dillon v. Fiorina, 340 F. Supp. 729, 731 (N.M. 
1972); Campbell v. Davidson, 233 F.3d 1229 (10th Cir. 2000), cert. 
denied, 532 U.S. 973 (2000); Schaefer v. Thownsend, 215 F.3d 1031 (9th 
Cir. 2000), cert. denied, Jones v. Schaefer, 532 U.S. 904 (2001), as to 
impermissibility of state ``dutational'' residency requirements.
---------------------------------------------------------------------------
    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). However, statutory restrictions 
often known commonly as ``Hatch Acts'' or little Hatch Acts which 
prohibit state employees from running for office in a partisan election 
(and thus would require a resignation to run) have been upheld against 
challenges of additional qualifications. Merle v. United States, 351 
F3d 92,197 (3rd Cir. 2003) cert. denied, 541 U.S. 972.
    \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.\49\ 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.\50\ 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.\51\
---------------------------------------------------------------------------
    \48\State ex rel. McCarthy v. Moore, County Auditor, 87 Minn. 308, 
92 N.W. 4 (1902).
    \49\State ex rel. O'Sullivan v. Swanson, 257 N.W. 255 (Sup. Ct. 
Neb. 1934).
    \50\Id. at 255, 256.
    \51\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.\52\ 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.\53\ 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, and such requirement has 
been allowed as a type of permissible ``ballot access'' 
requirement of the State to prevent ballot clutter and 
confusion.\54\
---------------------------------------------------------------------------
    \52\State ex rel. Sundfor v. Thorson, 6 N.W. 2d 89, 91-92 (Sup. Ct. 
N.D. 1942).
    \53\Id. at 90.
    \54\Storer v. Brown, 415 U.S. 724 (1974).
---------------------------------------------------------------------------

           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. 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.\69\
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    \69\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.\70\ 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.\71\ After considerable debate, the 
delegates also rejected the concept of rotation of Members of 
Congress\72\ similar to the rotation of the delegates to 
Congress under the Articles of Confederation.\73\ 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.
---------------------------------------------------------------------------
    \70\C. Tansill, Documents. ``Debates in the Federal Constitution of 
1787 as reported by James Madison'' at 195, 1091 (1927).
    \71\Id. at 800-03.
    \72\See, 2 Debates on the Adoption of the Federal Constitution, at 
288-298, 310-20 (J. Elliott) (1988).
    \73\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.\74\
---------------------------------------------------------------------------
    \74\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.\75\ 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.\76\
---------------------------------------------------------------------------
    \75\395 U.S. 486, 543-47 (1969).
    \76\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.\77\ 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.\78\
---------------------------------------------------------------------------
    \77\514 U.S. 779 (1995).
    \78\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 H. 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.
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    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.
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      C. STATE AUTHORITY OVER ELECTION PROCEDURES, ADMINISTRATION

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

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

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

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

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

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

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

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

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

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

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

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

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

                        F. SEVENTEENTH AMENDMENT

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

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

    The text and the actual language of the Amendment clearly 
show, therefore, that there is no express restriction on a 
State legislature's or Governor's authority which is dependent 
or based upon any distinctions in the nature or the timing of 
how or when the Senate vacancy occurs. Rather, the language of 
the Amendment appears to provide on its face two alternate ways 
for a State to fill any vacancy in the State's representation 
in the Senate: either the executive of the State shall issue 
writs of election for a special election to fill the vacancy, 
or, if expressly authorized by the legislature of the State, 
the Governor may make a ``temporary appointment'' to fill the 
vacancy until the people select a replacement for the remainder 
of the term in a future election as the State ``legislature may 
direct.'' As noted in dicta by the Supreme Court, ``the 
Seventeenth Amendment permits a state, if it chooses, to forgo 
a special election in favor of a temporary appointment to the 
United States Senate. . . .''\59\ In practice, most of the 
States provide for a temporary appointment by the Governor 
until the next regularly scheduled biennial congressional 
election, but a State might also provide for a more immediate 
``special election'' and authorize an appointment by the 
Governor until the time of such election.\60\
---------------------------------------------------------------------------
    \59\Rodriquez v. Popular Democratic Party, 457 U.S. 1, 11 (1982).
    \60\For a general discussion of experiences of States in filling 
Senate vacancies, see Alan L. Clem, ``Popular Representation and Senate 
Vacancies,'' 10 Midwest Journal of Political Science, 52-77 (Feb. 
1966); for recent compilation of State provisions, see S. Doc. 106-14, 
106th Cong., 2d Sess., Senate Election Law Guidebook 2000 (1999).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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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