TO AMEND THE PERNICIOUS POLITICAL ACTIVITIES

ACT OF 1939

FRIDAY, JUNE 2, 1944

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON

PRIVILEGES AND ELECTIONS,

Washington, D. C.

The subcommittee met, pursuant to call, at 10:30 a. m., in the committee room, room 104-B, Senate Office Building, Senator Carl A. Hatch (chairman) presiding.

Present: Senators Hatch (chairman), Mead, and Butler.

Also present: Senator Guy M. Gillette.

Senator HATCH. The committee will be in order.

We have under consideration today three bills, S. 592, S. 593, and S. 594, which I will ask be inserted in the record at this point. (S. 592, S. 593, and S. 594 are as follows:)

A BILL To amend the Act entitled "An Act to prevent pernicious political activities", approved August 2, 1939, as amended, with respect to the circulation of matter concerning candidates for election to Federal offices

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to prevent pernicious political activities", approved August 2, 1939, is amended by inserting after section 2 the following new section:

"SEC. 2a. (1) It shall be unlawful to print, type, write, mimeograph, multigraph, lithograph, photostat, photoengrave, or otherwise cause to be published or to distribute, display, or otherwise cause to be circulated, whether for sale or otherwise, any book, pamphlet, circular, card, dodger, brochure, poster, handbill, or paper concerning a candidate for election to the office of President, Vice President, Presidential elector, Member of the Senate, or Member of the House of · Representatives, or for election to any office at any election to be held in Hawaii, Alaska, or Puerto Rico, while he is a candidate for election to such office, which shall contain (1) any matter of a character tending to incite arson, murder, assasination, or riot, or (2) any matter of a fraudulent or scurrilous character tending to incite hatred against any religious sect or creed or against any race.

"(2) It shall be unlawful to print, type, write, mimeograph, multigraph, lithograph, photostat, photoengrave, or otherwise cause to be published or to distribute, display, or otherwise cause to be circulated, whether for sale or otherwise, any book, pamphlet, circular, card, dodger, brochure, poster, handbill, or paper concerning a candidate for election to the office of President, Vice President, Presidential elector, Member of the Senate, or Member of the House of Representatives, while he is a candidate for election to such office, unless such book, pamphlet, circular, card, dodger, brochure, poster, handbill, or paper shall conspicuously display the name and address of (1) the person, firm, corporation, association, or committee by whom it was printed, typed, written, mimeographed, multigraphed, lithographed, photostated, photoengraved, or otherwise caused to be published, or (2) the person, firm, corporation, association, or committee at whose instance it was printed, typed, written, mimeographed, multigraphed, lithographed, photostated, photoengraved, or otherwise caused to be published."

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[S. 593, 78th Cong., 1st sess.]

A BILL To amend the Act entitled "An Act to prevent pernicious political activities", approved August 2, 1939, as amended, with respect to the limitations on political contributions and expenditures

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 13 (a) of the Act entitled "An Act to prevent pernicious political activities", approved August 2, 1939, as amended, is amended to read as follows:

"SEC. 13. (a) It is hereby declared to be a pernicious political activity, and it shall be unlawful, for any person, directly or indirectly, to make political payments in an aggregate amount in excess of $10,000, during any calendar year, or to make political payments to or on behalf of any one committee, organization, or candidate referred to in paragraph (4) of subsection (b) of this section in an aggregate amount in excess of $5,000, during any calendar year: Provided, That the provisions of this subsection shall not be applicable with respect to

"(1) Contributions or expenditures made by any committee, association, or other organization, the principal activities of which are engaging in furthering, advancing, or advocating the nomination or election of candidates for political office or the success of any political party;

"(2) Expenditures (but not contributions) made by any candidate for political office in furthering, advancing, or advocating his own nomination or election; or "(3) Expenditures made by any person for his own personal subsistence and traveling expenses, or for stationery, postage, or telephone or telegraphic services, for his own personal use."

(b) Section 13 (b) of such Act, as amended, is amended by adding at the end thereof the following new paragraphs:

"(3) The term 'expenditure' includes a payment, distribution, loan, advance, deposit, or gift of money, or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure.

"(4) The term 'political payment' means any contribution or expenditure made for the purpose or with the intention of furthering, advancing, or advocating or made to or on behalf of any committee, or other organization, the principal activities of which are engaging in furthering, advancing, or advocating, (A) the nomination or election of any candidate for nomination for or election to the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Resident Commissioner from any Territory or possession, or (B) the success of any national political party." SEC. 2. Section 5 of the Act entitled "An Act to extend to certain officers and employees in the several States and the District of Columbia the provisions of the Act entitled 'An Act to prevent pernicious political activities', approved August 2, 1939", approved July 19, 1940, is hereby made, and shall be known as, section 20 of the Act entitled "An Act to prevent pernicious political activities", approved August 2, 1939, as amended.

SEC. 3. Section 20 of such Act of August 2, 1939, as amended, is hereby made section 21 of such Act of August 2, 1939, as amended; and such section is hereby amended to read as follows:

"SEC. 21. (a) The aggregate amount of the expenditures made, during any. calendar year, by any political committee, or other committee, association, or organization, for the purpose, in whole or in part, of influencing or attempting to influence the election of any or all persons who have been nominated as candidates for the offices of President, Vice President, Fresidential elector, Member of the Senate, Member of the House of Representatives, and Delegate or Resident Commissioner from any Territory or possession, shall not exceed the aggregate amount of the expenditures which all such candidates have authorized, in writing and within the limits of subsection (b), such committee, association, or organization to make on behalf of their candidacy. The aggregate amount of the contributions received by any political committee during or in connection with any political campaign shall not exceed the amount of the expenditures which such committee is authorized, in accordance with the provisions of subsection (b) of this section, to make during the calendar year in which such campaign occurs. "(b) No candidate to whom section 309 of the Corrupt Practices Act, 1925, is applicable shall authorize expenditures by one or more political committees, or other committees, associations, or organizations, on behalf of his candidacy amounting to more, in the aggregate, than the amount of the expenditures which such candidate may lawfully make under the provisions of such section 309, and the amount of the expenditures which any candidate may lawfully make under the provisions of such section 309 shall be reduced by the amount of the