Page images
PDF
EPUB

[(f) The term "person" includes an individual, partnership, committee, association, corporation, and any other organization or group of persons;

[(g) The term "Clerk" means the Clerk of the House of Representatives of the United States;

[(h) The term "Secretary" means the Secretary of the Senate of the United States;

[(i) The term "State" includes Territory and possession of the United States. [SEC. 303. CHAIRMAN AND TREASURER OF POLITICAL COMMITTEES: DUTIES AS TO CONTRIBUTIONS: ACCOUNTS AND RECEIPTS. (43 Stat. 1071; 2 U. S. C., sec. 242.)

[SEC. 303. (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 behalf 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.

[SEC. 304. ACCOUNTS OF CONTRIBUTIONS RECEIVED. (43 Stat. 1071; 2 U. S. C., sec. 243.)

[SEC. 304. 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.

[Sec. 305. STATEMENTS BY TREASURER FILED WITH CLERK OF HOUSE OF REPRESENTATIVES. (43 Stat. 1071; 2 U. S. C., sec. 244.)

[SEC. 305. (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.

[SEC. 306.

STATEMENTS BY OTHERS THAN POLITICAL COMMITTEE FILED WITH CLERK OF HOUSE OF REPRESENTATIVES. (43 Stat. 1072; 2 U. S. C., sec. 245.) [SEC. 306. 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 305.

[SEC. 307. STATEMENTS BY CANDIDATES FOR SENATOR, REPRESENTATIVE, DELEGATE, OR RESIDENT COMMISSIONER FILED WITH SECRETARY OF SENATE AND CLERK OF HOUSE OF REPRESENTATIVES. (43 Stat. 1072; 2 U. S. C., sec. 246.) [SEC. 307. (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 309 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 the name, 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 candidate seeks, at the general election next preceding the election at which he is a candidate.

[SEC. 308. STATEMENTS; VERIFICATION; FILING; PRESERVATION; INSPECTION. (43 Stat. 1072; 2 U. S. C., sec. 247.)

[SEC. 308. A statement required by this title 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.

[SEC. 309. LIMITATION UPON AMOUNT OF EXPENDITURES BY CANDIDATE. (43 Stat. 1073; 2 U. S. C., sec. 248.)

[SEC. 309. (a) 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 bill boards 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.

[SEC. [310.] 599. PROMISE OF APPOINTMENT BY CANDIDATE. (Title 18 U. S. C., sec. 599, as enacted by Public Law 772, 80th Cong., superseding sec. 310, ch. 368, 43 Stat. 1073, 2 U. S. C., sec. 249.)

[SEC. 599. 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 not more than $1,000 or imprisoned not more than one year, or both; and if the violation was willful, shall be fined not more than $10,000 or imprisoned not more than two years, or both.

[SEC. [311.] 597. EXPENDITURES TO INFLUENCE VOTING. (Title 18 U. S. C., Sec. 597, as enacted by Public Law 772, 80th Cong., 2d sess., superseding sec. 311, ch. 368, 43 Stat. 1073, 2 U. S. C., sec. 250.)

[SEC. 597. 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 not more than $1,000 or imprisoned not more than one year, or both; and if the violation was willful, shall be fined not more than $10,000 or imprisoned not more than two years, or both.

[SEC. [312.] 602. SOLICITATION OF POLITICAL CONTRIBUTIONS. (Title 18 U.S. C., sec. 602, as enacted by Public Law 772, 80th Cong., 2d sess., superseding sec. 312, ch. 368, 43 stat. 1073, 18 U. S. C., secs. 208 and 212.)

[SEC. 602. Whoever, being a Senator or Representative in, or Delegate or Resident Commissioner to, or a candidate for Congress, or individual elected as, Senator, Representative, Delegate, or Resident Commissioner, or 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, directly or indirectly solicits, receives, or is in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever, from any other such officer, employee, or person, shall be fined not more than $5,000 or imprisoned not more than three years or both. [SEC. [313.] 610. POLITICAL CONTRIBUTIONS AND EXPENDITURES TIONAL BANKS, CORPORATIONS, AND LABOR ORGANIZATIONS; PENALTY. U. S. C., sec. 610, as enacted by Public Law 772, 80th Cong., 2d sess., superseding sec. 313, ch. 368, 43 Stat. 1074; as amended 57 Stat. 167; and further amended 61 Stat. 159; and further amended Oct. 31, 1951, ch. 655, sec. 20 (c), 65 Stat. 718; 2 U. S. C., sec. 251.)

BY NA(Title 18,

[SEC. 610. 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 to accept or receive any contribution prohibited by this section. Every corporation or labor organization which makes any contribution or expenditure in violation of this section shall be fined not more than $5,000; and every officer or director of any corporation, or officer of any labor organization, who consents to any contribution or expenditure by the corporation or labor organization, as the case may be, and any person who accepts or receives any contribution in violation of this section be fined not more than $1,000 or imprisoned for not more than one year, or both; and if the violation was willful, shall be fined not more than $10,000 or imprisoned not more than two years, or both. For the purposes of this section "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.

[SEC. 314. GENERAL PENALTIES FOR VIOLATIONS. (43 Stat. 1074; 2 U. S. C., sec. 252.)

[SEC. 314. (a) Any person who violates any of the foregoing provisions of this title, except those for which a specific penalty is imposed by sections 312 and 313, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

[(b) Any person who willfully violates any of the foregoing provisions of this title, except those for which a specific penalty is imposed by sections 312 and 313, shall be fined not more than $10,000 and imprisoned not more than two years. [SEC. 315. EXPENSES OF ELECTION CONTESTS. (43 Stat. 1074; 2 U. S. C., sec. 253.)

[SEC. 315. This title shall not limit or affect the right of any person to make expenditures for proper legal expenses in contesting the results of an election. [SEC. 316. STATE LAWS NOT AFFECTED. (43 Stat. 1074; 2 U. S. C., sec. 254.) [SEC. 316. This title shall not be construed to annul the laws of any State relating to the nomination or election of candidates, unless directly inconsistent with the provisions of this title, or to exempt any candidate from complying with such State laws.

[SEC. 317. PARTIAL INVALIDITY. (43 Stat. 1074; 2 U. S. C., sec. 255.)

[SEC. 317. If any provision of this title or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of such provisions to other persons and circumstances shall not be affected thereby.

[SEC. 318. REPEALING CLAUSES. (43 Stat. 1074.)

[SEC. 318. The following Acts and parts of Acts are hereby repealed: The Act entitled "An Act providing for publicity of contributions made for the purpose of influencing elections at which Representatives in Congress are elected," approved June 25, 1910 (chapter 392, Thirty-sixth Statutes, page 822), and the Acts amendatory thereof, approved August 19, 1911 (chapter 33, Thirty-seventh Statutes, page 25), and August 23, 1912 (chapter 349, Thirty-seventh Statutes, page 360); the Act entitled "An Act to prevent corrupt practices in the election of Senators, Representatives, or Delegates in Congress," approved October 16, 1918 (chapter 187, Fortieth Statutes, page 1013); and section 83 of the Criminal Code of the United States, approved March 4, 1909 (chapter 321, Thirty-fifth Statutes, page 1088).

[SEC. 319. EFFECTIVE DATE. (43 Stat. 1074.)

[SEC. 319. This title shall take effect thirty days after its enactment. [Approved, February 28, 1925.

PROPOSED AMENDMENTS TO TITLE 18, UNITED STATES CODE

SECTION 591, TITLE 18, UNITED STATES CODE

When used in sections 597, 599, 602, 609, and 610 of this title

The term "election" includes a general or special election, [but does not include a primary election or convention of a political party:] and includes a primary election (including a preferential primary) and a convention of a political party or a caucus held for the purpose of nominating candidates;

The term "candidate" means an individual [whose name is presented for election as Senator or Representative in, or Delegate or Resident Commissioner to,

the Congress of the United States, whether or not such individual is elected:] on. whose behalf contributions are received or expenditures made in support of his candidacy, or whose name is presented, at an election for nomination for, or election as, President or Vice President or Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, whether or not such individual is elected; and

The term "political committee” includes any committee, association, or organization which accepts contributions or makes expenditures [for the purpose of influencing or attempting to influence the election of candidates or presidential and vice presidential electors (1) in two or more States, or (2) whether or not in more than one State if such committee, association, or organization (other than a duly organized State or local committee of a political party) is a branch or subsidiary of a national committee, association, or organization;] in an aggregate amount exceeding $100 in any calendar year for the purpose of influencing or attempting to influence in any manner whatsoever the election of candidates or Presidential or Vice Presidential electors;"

SECTION 608, TITLE 18, UNITED STATES CODE

"(a) Whoever, directly or indirectly, makes contributions [in an aggregate amount in excess of $5,000 during any calendar year, or in connection with any campaign for nomination or election, to or on behalf of any candidate for an elective Federal office, including the offices of President of the United States and Presidential and Vice Presidential electors, or to or on behalf of any committee or other organization engaged in furthering, advancing, or advocating the nomination or election of any candidate for any such office or the success of any national political party, shall be fined not more than $5,000 or imprisoned not more than five years, or both.]

[This subsection shall not apply to contributions made to or by a State or local committee or other State or local organization or to similar committees or organizations in the District of Columbia or in any Territory or Possession of the United States] or expenditures in an aggregate amount in excess of $10,000 during any calendar year, or in connection with any campaign for nomination or for election, for any or all of the following purposes—

"(1) to or on behalf of any candidate or candidates for elective Federal office or offices, including the offices of President and Vice President of the United States and Presidential and Vice Presidential electors, or

"(2) to or on behalf of any committee or committees or other organizations engaged. in furthering, advancing, or advocating the nomination or election of any candidate or candidates for any such office or offices or the success of national political party. shall be fined not more than $5,000 or imprisoned not more than five years, or both. “This subsection shall not apply to contributions or expenditures made by a political committee."

SECTION 609, TITLE 18, UNITED STATES CODE

No political committee [shall receive contributions aggregating more than $3,000,000, or make expenditures aggregating more than $3,000,000, during any calendar year.] operating in two or more States shall receive contributions or make expenditures in amounts greater than the amount obtained by multiplying 20 cents by the total number of votes cast for all candidates for the office of Presidential elector in any one of the last three final elections for that office.

For the purposes of this section, any contributions received and any expenditures made on behalf of any political committee with the knowledge and consent of the chairman or the treasurer of such committee, be deemed to be received or made by such committee.

Any violation of this section by any political committee shall be deemed also to be a violation by the chairman and the treasurer of such committee and by any other person responsible for such violation and shall be punishable by a fine of not more than $1,000 or imprisonment of not more than one year, or both; and, if the violation was willful, by a fine of not more than $10,000 or imprisonment of not more than two years, or both.

SECTION 612, TITLE 18, UNITED STATES CODE

Whoever willfully publishes or distributes or causes to be published or distributed, or for the purpose of publishing or distributing the same, knowingly deposits for mailing or delivery, or, except in cases of employees of the Post Office Department the official discharge of their duties, knowingly transports or causes

« PreviousContinue »