33, § 2, 37 Stat. 26; Aug. 23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 302, 43 Stat. 1070.) Historical Note This chapter is the "Federal Corrupt Practices Act of 1925." An earlier act enacted June 25, 1910, c. 392, was with all amendments thereto expressly repealed by the later act. Notes of Decisions 1. Power of Congress.-The power, under the Constitution of the United States, of Congress to make such provisions as are necessary to secure the fair and honest conduct of an election at which a member of Congress is elected cannot be questioned. Ex parte Coy (Ind. 1888) 127 U. S. 731, 8 S. Ct. 1263, 32 L. Ed. 274. court or grand jury over the subject-matter that is under inquiry." 2. Primary election as "election."-The word "election" as used without qualification, refers to a general election and not to a primary election. U. S. v. O'Toole (D. C. W. Va. 1916) 236 F. 993. The Corrupt Practice Act of 1910 rec In Blair v. U. S. (N. Y. 1919) 250 U. S. ognizing primary elections and limiting 273, 39 S. Ct. 468, 63 L. Ed. 979, affirming (D. C. 1918) 253 F. 800, the constitutionality of the Corrupt Practice Act of 1910 was challenged by witnesses summoned to testify before a grand jury in an investigation instituted thereunder, but the question was not passed on, the court holding that witnesses had no power to raise it, and saying: "The same constitutional question was stirred in U. S. v. Gradwell (R. I. 1917) 243 U. S. 476, 487, 37 S. Ct. 407, 61 L. Ed. 857, 865, but its determination was unnecessary for the decision of the case, and for this reason it was left undetermined, as the opinion states. Considerations of propriety, as well as long-established practice, demand that we refrain from passing upon the constitutionality of an act of Congress unless obliged to do so in the proper performance of our judicial function, when the question is raised by a party whose interests entitle him to raise it. We do not think the present parties are so entitled, since a brief consideration of the relation of a witness to the proceeding in which he is called will suffice to show that he is not interested to challenge the jurisdiction of the expenditures of candidates for senator in connection with them was held not in effect an adoption by Congress of all state primary laws. U. S. v. Gradwell 1917) 243 U. S. 476, 37 S. Ct. 407, 61 L. Ed. 857, affirming (D. C. R. I. 1916) 234 F. 446, and U. S. v. O'Toole (D. C. W. Va. 1916) 236 F. 993. 3. Mandamus.-Under the Corrupt Practice Act of 1910, it was held that there was no remedy given by mandamus to enforce the provisions of the Act. In re Higdon (D. C. Mo. 1920) 269 F. 152. The court said: "Enforcement is by indictment and trial in the customary way. No remedy by original action in mandamus is given those injured. The proceeding here is neither an inquiry by a grand jury nor the trial of a criminal case under those acts. Though Congress might provide for federal supervision of all elections, primary, general, and special, relating to nomination and election to office under the Constitution and laws of the United States, and provide for enforcement thereof by mandamus, or any other suitable remedy, it has not done so." § 242. Chairman and treasurer of political committee; duties as to contributions; accounts and receipts. (a) Every political committee shall have a chairman and a treasurer. No contribution shall be accepted, and no expenditure made, by or on behalf of a political committee for the purpose of influencing an election until such chairman and treasurer have been chosen. (b) It shall be the duty of the treasurer of a political committee to keep a detailed and exact account of (1) All contributions made to or for such committee; (2) The name and address of every person making any such contribution, and the date thereof; (3) All expenditures made by or on behalf of such committee; and (4) The name and address of every person to whom any such expenditure is made, and the date thereof. (c) It shall be the duty of the treasurer to obtain and keep a receipted bill, stating the particulars, for every expenditure by or on be half of a political committee exceeding $10 in amount. The treasurer shall preserve all receipted bills and accounts required to be kept by this section for a period of at least two years from the date of the filing of the statement containing such items. (June 25, 1910, c. 392, §§ 2, 3, 36 Stat. 823; Feb. 28, 1925, c. 368, Title III, § 303, 43 Stat. 1071.) 8243. Accounts of contributions received. Every person who receives a contribution for a political committee shall, on demand of the treasurer, and in any event within five days after the receipt of such contribution, render to the treasurer a detailed account thereof, including the name and address of the person making such contribution, and the date on which received. (June 25, 1910, c. 392, § 4, 36 Stat. 823; Feb. 28, 1925, c. 368, Title III, § 304, 43 Stat. 1071.) § 244. Statements by treasurer filed with Clerk of House of Representatives. (a) The treasurer of a political committee shall file with the Clerk between the 1st and 10th days of March, June, and September, in each year, and also between the 10th and 15th days, and on the 5th day, next preceding the date on which a general election is to be held, at which candidates are to be elected in two or more States, and also on the 1st day of January, a statement containing, complete as of the day next preceding the date of filing— (1) The name and address of each person who has made a contribution to or for such committee in one or more items of the aggregate amount or value, within the calendar year, of $100 or more, together with the amount and date of such contribution; (2) The total sum of the contributions made to or for such committee during the calendar year and not stated under paragraph (1); (3) The total sum of all contributions made to or for such committee during the calendar year; (4) The name and address of each person to whom an expenditure in one or more items of the aggregate amount or value, within the calendar year, of $10 or more has been made by or on behalf of such committee, and the amount, date, and purpose of such expenditure; (5) The total sum of all expenditures made by or on behalf of such committee during the calendar year and not stated under paragraph (4); (6) The total sum of expenditures made by or on behalf of such committee during the calendar year. (b) The statements required to be filed by subdivision (a) 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 statement only the amount need be carried forward. (c) The statement filed on the 1st day of January shall cover the preceding calendar year. (June 25, 1910, c. 392, §§ 5, 6, 36 Stat. 823; Aug. 19, 1911, c. 33, § 1, 37 Stat. 25; Feb. 28, 1925, c. 368, Title III, § 305, 43 Stat. 1071.) $ 245. Statements by others than political committee filed with Clerk of House of Representatives. Every person (other than a political committee) who makes an expenditure in one or more items, other than by contribution to a political committee, aggregating $50 or more within a calendar year for the purpose of influencing in two or more States the election of candidates, shall file with the Clerk an itemized detailed statement of such expenditure in the same manner as required of the treasurer of a political committee by section 244 of this title. (June 25, 1910, c. 392, § 7, 36 Stat. 824; Feb. 28, 1925, c. 368, Title III, § 306, 43 Stat. 1072.) § 246. Statements by candidates for Senator, Representative, Delegate, or Resident Commissioner filed with Secretary of Senate and Clerk of House of Representatives. (a) Every candidate for Senator shall file with the Secretary and every candidate for Representative, Delegate, or Resident Commissioner shall file with the Clerk not less than ten nor more than fifteen days before, and also within thirty days after, the date on which an election is to be held, a statement containing, complete as of the day next preceding the date of filing (1) A correct and itemized account of each contribution received by him or by any person for him with his knowledge or consent, from any source, in aid or support of his candidacy for election, or for the purpose of influencing the result of the election, together with the name of the person who has made such contribution; (2) A correct and itemized account of each expenditure made by him or by any person for him with his knowledge or consent, in aid or support of his candidacy for election, or for the purpose of influencing the result of the election, together with the name of the person to whom such expenditure was made; except that only the total sum of expenditures for items specified in subdivision (c) of section 248 of this title need be stated; (3) A statement of every promise or pledge made by him or by any person for him with his consent, prior to the closing of the polls on the day of the election, relative to the appointment or recommendation for appointment of any person to any public or private position or employment for the purpose of procuring support in his candidacy, and thename, address, and occupation of every person to whom any such promise or pledge has been made, together with the description of any such position. If no such promise or pledge has been made, that fact shall be specifically stated. (b) The statements required to be filed by subdivision (a) shall be cumulative, but where there has been no change in an item reported in a previous statement only the amount need be carried forward. (c) Every candidate shall inclose with his first statement a report, based upon the records of the proper State official, stating the total number of votes cast for all candidates for the office which the candidateseeks, at the general election next preceding the election at which he is a candidate. (June 25, 1910, c. 392, § 8, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Aug. 23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 307, 43 Stat. 1072.) Notes of Decisions 1. Primary election or convention.-The tors, but also to primaries and conventionsCorrupt Practice Act of 1910 applied not of political parties for selection of only to final elections for choosing Sena- candidates. As to such primaries and conventions it was held invalid because at the time it was enacted the only source of power which Congress possessed over elections for Senators and Representatives was U. S. Const., Art. 1, § 4, which regulated the manner of holding such elections, and the language of that constitutional provision was not broad enough to include primaries. The 17th Amendment dealing with the election of Senators was held to antedate that section and so could not be considered in connection with it. Newberry v. U. S. (Mich. 1921) 256 U. S. 232, 41 S. Ct. 469, 65 L. Ed. 913. See, also, U. S. v. Cameron (D. C. Ariz. 1922) 282 F. 684. § 247. Statements; verification; filing; preservation; inspection. A statement required by this chapter to be filed by a candidate or treasurer of a political committee or other person with the Clerk or Secretary, as the case may be (a) Shall be verified by the oath or affirmation of the person filing such statement, taken before any officer authorized to administer oaths; (b) Shall be deemed properly filed when deposited in an established post office within the prescribed time, duly stamped, registered, and directed to the Clerk or Secretary at Washington, District of Columbia, but in the event it is not received, a duplicate of such statement shall be promptly filed upon notice by the Clerk or Secretary of its nonreceipt; (c) Shall be preserved by the Clerk or Secretary for a period of two years from the date of filing, shall constitute a part of the public records of his office, and shall be open to public inspection. (June 25, 1910, c. 392, 8, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Aug. 23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 308, 43 Stat. 1072.) Notes of Decisions 1. Notary public as authorized to administer oaths.-A notary public of a state is "an officer authorized to administer oaths" within the meaning of this section. U. S. v. Cameron (D. C. Ariz. 1922) 282 F. 685. 2. False oath as to amount received as perjury. In the Corrupt Practice Act of 1910 while a candidate was required to include in his statements all receipts as well as expenditures, it limited the latter only. Hence, a candidate was not subject to a prosecution for perjury because of an alleged false oath regarding the amounts received by him, since the oath was not false in a "material mat ter." Under the Corrupt Practice Act of 1910 one who was a candidate for senator at a general election was not "a candidate for nomination at any primary election or nominating convention, * or election by the legislature of any state" within the meaning of the act in view of the Seventeenth Amendment to the United States Constitution providing for the election of senators by popular vote, and hence was not subject to prosecution for perjury for an alleged false statement in a statement of receipts and expenditures made under the Act. Id. (a) § 248. Limitation upon amount of expenditures by candidate. A candidate, in his campaign for election, shall not make expenditures in excess of the amount which he may lawfully make under the laws of the State in which he is a candidate, nor in excess of the amount which he may lawfully make under the provisions of this title. (b) Unless the laws of his State prescribe a less amount as the maximum limit of campaign expenditures, a candidate may make expenditures up to (1) The sum of $10,000 if a candidate for Senator, or the sum of $2,500 if a candidate for Representative, Delegate, or Resident Commissioner; or (2) An amount equal to the amount obtained by multiplying three cents by the total number of votes cast at the last general election for all candidates for the office which the candidate seeks, but in no event exceeding $25,000 if a candidate for Senator or $5,000 if a candidate for Representative, Delegate, or Resident Commissioner. (c) Money expended by a candidate to meet and discharge any assessment, fee, or charge made or levied upon candidates by the laws of the State in which he resides, or expended for his necessary personal, traveling, or subsistence expenses, or for stationery, postage, writing, or printing (other than for use on billboards or in newspapers), for distributing letters, circulars, or posters, or for telegraph or telephone service, shall not be included in determining whether his expenditures have exceeded the sum fixed by paragraph (1) or (2) of subdivision (b) as the limit of campaign expenses of a candidate. (June 25, 1910, c. 392, §§ 8, 9, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Aug. 23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 309, 43 Stat. 1073.) § 249. Promises or pledges by candidate. It is unlawful for any candidate to directly or indirectly promise or pledge 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. (June 25, 1910, c. 392, § 8, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Aug. 23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 310, 43 Stat. 1073.) 250. Expenditures to influence voting. It is unlawful for any person to make or offer to make an expenditure, or to cause an expenditure to be made or offered, to any person, either to vote or withhold his vote, or to vote for or against any candidate, and it is unlawful for any person to solicit, accept, or receive any such expenditure in consideration of his vote or the withholding of his vote. (June 25, 1910, c. 392, § 8, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Aug. 23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 311, 43 Stat. 1073.) Notes of Decisions 1. Mandamus.-Under earlier acts relating to the same subject as the text it was held that the federal District Courts had no power to compel rights thereunder by mandamus. In re Higdon (D. C. Mo. 1920) 269 F. 150. § 251. Contributions by national banks or other Federal corporations; penalty. It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution in connection with any election to any political office, or for any corporation whatever to make a contribution 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 for any candidate, political committee, or other person to accept or receive any contribution prohibited by this section. Every corporation which makes any contribution in violation of this section shall be fined not more than |