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9 Louisiana: "Political party" is defined as a party which has cast at least 5 percent of the entire vote cast in the last gubernatorial election or cast for presidential electors in last election (§ 18:283). 10 Massachusetts: Party which did not poll at least 3 percent of gubernatorial vote in last election (ch. 50, § 1; ch.53, § 1).

11 Michigan: Party which failed to poll 5 percent of total vote for secretary of state at last election (Supp. § 168.686a). 12 Montana: No statutory provisions were found for the time and place of filing certificates of nomination by individuals or parties not on the ballot in the last election. However, the former provisions appear to apply ["State ex rel. Golen v. Hays," 31 Mont. 227, 230 78 P. 301 (1904)].

13 Nebraska: Party which polled less than 5 percent of district vote in last election (§ 35-521).

14 New Jersey: Party which polled less than 10 percent of total vote cast in State for members of the general assembly in last general election (Supp. § 19:1-1).

15 New Mexico: To qualify, a political party must adopt and file with the secretary of state rules and regulations for the organization and government of the party (Supp. § 3-7-2). To be eligible for nomination by primary election, a party must have had a candidate which received as many as 15 percent of the total number of votes cast for the candidates for Governor by all politial parties at the last general election (Supp. § 3-8-1).

16 Oregon: Party which polled at least 20 percent of the vote for presidential electors at last general election (§ 249.011) 17 Oregon: This is the latest information available. However, § 249.020(3) dates from before the November 1966 reapportionment, which created 1 congressional district smaller than a county. Since a reading of § 249.020(3) suggests that the statute does not intend petitions for congressional offices to be filed with the county clerk in any case, an amendment to $249.020(3) may be expected in the future.

18 Oregon: Party which polled at least 5 percent of vote cast for Representative in Congress in last election in the district for which the nomination is made [§ 249.710(2)(a)].

19 Oregon: The same problem arises with respect to the place of filing in §§ 249.770(1) and 249.780 as arises in § 249.020(3), described in note 17, supra.

20 Pennsylvania: Party, 1 of whose candidates, in the last general election, polled in each of at least 10 counties not less than 2 percent of the largest entire vote cast in each of said counties and none of whose candidates, in the last general election, polled a total State vote of 2 percent of the largest entire vote cast in the State for any elected candidate [Supp. 25 § 2831(a); 25 § 2831(c)].

21 Pennsylvania: There is no provision in Supp. 25 & 224 providing for place of filing of affidavit by write-in candidate. 22 Rhode Island: June 12, 1976, is a Saturday. § 25-1-5 permits, but does not require, the closing of government offices on Saturday, and provides that, in case of such closing, any act which would otherwise be required to be performed on a Saturday shall be performed on the next succeeding business day, in this case Monday, June 14, 1976. It further provides that, "No liability or loss of rights of any kind shall result from the failure to perform of any such acts on any such aturday."

23 Rhode Island: Aug. 15, 1976, is a Sunday. No statutory provision was discovered which alters filing deadlines in such a case. In the absence of such a provision, Aug. 13, 1976, a Friday, is shown as the last business day more than 30 days before the primary.

24 South Carolina: Because of phraseology, this requirement may not apply to candidates for U.S. Representative. 25 Tennessee: Supp. 5 § 2-505 applies to political parties whose regularly nominated candidate has received in a statewide election 10 percent of all the votes cast in the last election or which has a membership equal to 5 percent of all the votes cast in the last election as shown by certified petitions.

26 Texas: Parties which polled 20 percent of the vote for Governor at last general election must nominate by primary (Art. 13.02). Parties which polled at least 2 percent but less than 20 percent of the vote for Governor at last general election may nominate by convention [Supp. Arts. 13.45 (1) and (2)].

27 Texas: Parties which polled less than 2 percent of the vote for Governor in the last general election may nominate by convention [Supp. Arts. 13.45 (1) and (2)].

28 Texas: See n. 27, supra.

29 Vermont: Party which polled at least 1 percent of the State vote for Governor in the last general election but less than 5 percent of such vote (17 §§ 571, 572).

30 Washington: Party which at the last general election did not receive at least 10 percent of the total vote cast in the district [§§ 29.01.090(2), 29.01.100].

31 West Virginia: Minor party-party which polled less than 10 percent of the total vote cast for Governor at last general election (§ 3-5-22).

32 West Virginia: April 10, 1976, falls on a Saturday. Two provisions of the West Virginia Code (§§ 2-2-2, 2-2-3) deal with the effect of Saturdays and Sundays on the computation of time. Neither provision, however, appears to affect the Apr. 10 filing deadline.

33 Wisconsin: Whenever a specific date is not given to begin circulation of nomination papers, the 1st day for circulation shall be the 1st day of the month 1 month prior to the month in which the filing deadline is scheduled. Signatures shall not be counted if signed and dated prior to the 1st day for circulation (§ 8.02).

34 Wisconsin: No statutory provision was found which designated the place of filing for declarations of write-in candidates. "Secretary of state" is given as filing officer here, since other candidates for U.S. Representative are required to file nomination papers with the secretary of state.

*Last filing date.

† Leave with clerk Aug. 15 to Sept. 19; to secretary of state Aug. 10 to Sept. 3. Feb. 17 (primary candidates); Mar. 10 (minor party candidates).

E. FILING FEES AND ASSESSMENTS FOR CANDIDATES FOR
U.S. HOUSE OF REPRESENTATIVES

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Kansas.

1 percent of 1 year's salary (§ 25-206).

Kentucky.

No statutory provision...

Louisiana.

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Michigan..

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Party governing body (Act 1196, Law 1975, § 14).

At time of filing declaration of candidacy, not later than June 1 Lt. Gov. (§ 15.25.050).
preceding primary (§ 15.25.050, § 15.25.040).

Not more than 55 nor less than 45 days before the general election County treasurer or collector in county
(Supp. § 3-113(J)).
in whcih candidate is to be voted
for (Supp. § 3-120).

Independents must pay a filing fee on the day they apply for cer-
tificates of nomination, Supp. § 3-120, which is the same day
when party pledges must be filed (Supp. § 3-105(c)), which is the
same day ballot fees must be paid (Supp. § 3-113) not later
than 12 noon on the 1st Tuesday in April (Suppl. § 3-113(a)).
Both paid 88 days before the primary, the time of depositing the
declaration of candidacy (Supp. §§ 6553, 6554, 6511).

When filing nomination petition (Supp. § 9-400).

Secretary of state party committee
(Supp. § 3-109(i)).

Both to clerk of candidate's residence
for transmission to secretary of state.
(Supp. §§ 6553, 6554).

Secretary of state (Supp. § 9-400).

Noon of the first filing date-not before the 63d nor after the 49th The department of state (Supp. day before the first primary (Supp. § 99.061).

Fees established not later than Mar. 1 and paid at time candidate
qualifies, if in a primary, or time when notice of candidacy filed
(§ 34-1013(b), Supp.).

When filing nomination papers, 45th day before the primary
(§§ 12-6, Supp.).

When filing declaration of candidacy (Supp. § 34-605).

§ 99.051).

State executive committee (§ 103.121,
§ 99.092 Supp.).

Secretary of state (§ 34-1013, Supp.).

Lieutenant Governor (Supp. §§ 11-2,
12-6).

Secretary of state (Supp. § 34-605).

When filing declaration of intention, before noon on June 20 Secretary of state (§ 25-208). (§ 25-205, 25-206).

(Rev. Stat. §§ 18-310, 18:311E). $100-committee may require an additional fee of not over $500 When filing notification of candidacy not later than the 7th day Chairman of committee calling the pri

No statutory provision.

$100 (Art. 33 § 4A-6(c) Supp.) 7 ^..

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North Dakota.. Ohio

No statutory provisions..

Oregon.

When filing affidavit of candidacy, not more than 70 nor less than Secretary of state (Supp. § 202.05). 56 days before the primary (Supp. § 202.04).

60 days before primary (§ 23-1-35).

Before filing declaration of candidacy, the last Tuesday in April preceding the primary (Supp. §§ 120.350(1), 120.340, 120.200).

Not less than 40 days before primary when filing petition for nomination (Supp. § 23-3305).

Prior to filing of nomination petition-at least 60 days before primary (§§ 32-512, 32-514).

Not later than 5 P.M. of the 3d Wednesday in July at the filing of declaration or acceptance of candidacy (§ 293.177).

Not less than 60 days before date of primary when filing declaration of candidacy or party nomination (Supp. § 56.25).

Secretary of party state executive committee (88 23-1-33(a), 23-1-35). Primary candidates-treasurer of State central committee (Supp. 120.350). Independents -State treasurer (Supp. § 120.215). Secretary of state (Supp. (a)).

23-3304(4)

Treasurer of county of candidate's residence (§ 32-513). Secretary of state (§ 293.185).

Secretary of state (§ 56:14; Supp. § 56.13).

Between 12 noon first Monday in April and 12 noon last Monday in State board of elections (Supp. §§ 163-
May preceding primary § 163-106, Supp).

107, 163-106).

2 of 1 percent of annual salary but not more than $50. (§ 3513.10).. Not later than 4 p.m. of the 75th day before the primary (dead- County board of elections in the largest

Oklahoma..

$200 (Supp. 26 § 5-112):

$100 ($ 249.271(c))..

Pennsylvania.

$35 (252873)..

Rhode Island..

No statutory provision.

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line for filing nominating papers) (Supp. § 3513.05).
Write-ins-Not later than 4 p.m. of the 20th day before the election
at which the person seeks to be a write-in candidate (deadline
for declaration of intent) (§§ 3513.10, 3513.041).
When filing notification and declaration during a 3-day period
commencing the 1st Monday in July after Independence Day
(Supp. 26 §5-110).

Not later than the 70th day nor before 250th day prior to the primary election at the time of filing declaration of candidacy (§§ 249.271, 249.260).

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Before the 10th Tuesday prior to primary when filing nomination Secretary of commonwealth (25 § 2873). petition, or before the 7th Wednesday prior to primary when

filing nomination papers (25 § 2873, Supp. 25 § 2913).

To be fixed by the State executive committee of the party (Supp. By 12 noon on 3d Thursday following State convention when filing Treasurer of state executive committee § 23-400.74).

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E. FILING FEES AND ASSESSMENTS FOR CANDIDATES FOR U.S. HOUSE OF REPRESENTATIVES-Continued

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Between last Monday of July and next succeeding Friday when Secretary of state (§ 29.18.050). filing declaration of candidacy, or within 5 days after official

canvass of primary vote if nominated by primary write-in (Supp.

No later than last Saturday in February, at time of filing certificate Secretary of state.

of announcement, or, if independent, not later than 31 days before primary at time of filing declaration of candidacy (§§ 3-5-8, 3-5-7, Supp.; § 3-5-23).

Between 60 and 45 days (party candidate) or 90 and 45 days (independent candidate) before primary when filing nomination papers, or if acceptance of nomination by primary write-in candidate, within 5 days after date of certificate of nomination issued to him (Supp. §§ 22.1-63, 22.1-64, 22.1-73, 22.1-79).

1 Alabama: Assessed by governing body of party on those candidates able to pay (Act 1196, Laws 1975, § 14).

2 Connecticut: Secretary of state shall return filing fee if candidate receives not less than 15 percent
of votes cast at primary for office for which he is a candidate (§ 9-404).

Florida: Indigent candidate may qualify by petition signed by not less than 5 percent of the
registered voters in his party qualified to vote for him in the upcoming election. Each candidate must
pay 10 cents per signature to verify these signatures; however, in case of indigency, this, too, is
waived (99.095, Supp.).

4 Georgia: Alternatively, a candidate may file a petition signed by between 100 and 1,500 registered
voters qualified to vote for his election (§ 34-1005, Supp.).

Kansas: Fee is required only of party candidate for primary who files declaration of intention to become candidate in lieu of nomination papers and fee is calculated by secretary of state (Supp. § 25-206).

Louisiana: Deposit is returned if candidate is disqualified before the election (§ 18:310).

7 Maryland: Fee is waived if candidate demonstrates inability to pay (§ 33-4A-6(g), Supp.). Maryland: Write-in candidates must pay equal fees (§ 33-4A-6(h), Supp.).

Montana: A write-in primary winner must pay the fee before his name is printed on the ballot ($23-3304(b), Supp.).

Secretary of state (Supp. §§ 22.1-63 22.1-61).

14 Texas: Alternatively, file petition signed by 2 percent of the number of votes cast for the party's candidate for Governor in the territory in the last gubernatorial election, but in no event more than 500 signatures (Art. 13.08(d), Supp.).

15 Virginia: Indigent candidates may file pauper's statement in place of paying fee ( Apr. 17, 1974).

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PART V. THE CONGRESSIONAL FRANK

A. WHO MAY USE THE CONGRESSIONAL FRANK*

1. Entitlement To Use the Frank

The following Members of the House, officers of the House and surviving spouses are authorized to use the frank:

(a) a Representative, Delegate, or Resident Commissioner;

(b) a Representative-elect, Delegate-elect, or Resident Commissioner-elect;

(c) the Clerk, Sergeant-at-Arms, Doorkeeper, Postmaster, and Chaplain;

(d) the Legislative Counsel of the House; (Note: Authority for all of the above is section 3210(b) (1).)

(e) any authorized person in the case of a vacancy in the offices of (c) or (d) above under authority of section 3210(b) (2);

(f) the surviving spouse of a Representative, Delegate, or Resident Commissioner who died during his term of office, for not more than 180 days afterward, under section 3218.

2. Expiration of Franking Privilege

Under Section 3210(b)(1), Representatives and others, vested with the franking privilege (see paragraph 1 above), are entitled on a restricted basis, to use the frank during the 90-day period immediately following the date on which they leave office.

During this period, use of the frank is limited to matters directly related to the closing of the official business of the congressional or other respective office.

A Representative may not use the franking privilege during this 90-day period to—

Mail matter with a simplified form of address (postal patron mailing)

Mail newsletters, questionnaires or other similar mailings Mail any general or other mass mailings of any nature unless such mailings are in direct response to inquiries or requests from persons to whom the matter is mailed.

From the date a Member leaves office and until a successor is sworn in, all new official business of the Washington and District offices, as well as pending official business extending beyond the 90-day period set forth in the preceding paragraphs, shall be mailed under the franking privilege of the Clerk of the House pursuant to the Clerk's responsibility under 2 U.S.C. 92c.

Further, upon the death of a Member, all official business relating to the closing of the office, as well as new business, shall be mailed under the Clerk's franking privilege until a successor is sworn in.

3. Representative-Elect

For the purpose of the applicable franking statutes and these regulations and guidelines, the franking privilege of a Representative-elect, a Delegate-elect, or a Resident Commissioner-elect to the House of Representatives shall begin on the date on which a certificate of election in due form is filed with the Clerk of the House.

•Use of the Congressional Frank by Members of the House of Representatives, prepared by the Commission on Congressional Mailing Standards, House of Representatives, January 1976.

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