In localities where majority of voters are Federal Government employees, or in municipalities or political subdivisions in Maryland or Virginia in the immediate vicinity of the District of Columbia, the Commission may promulgate regulations permitting such voters to take an active part in local political management and political campaigns, to the extent it deems it to be in the domestic interest of such voters (5 U.S.C. § 7327).

Political activity of a strictly local character, or in connection with constitutional amendments, referendums, approval of municipal ordinances, and other questions of a similar nature, is permitted to employees of the Federal Government and of State and local agencies financed with Federal funds (5 U.S.C. §§ 7326,1503).

Economic Opportunity Act.-In addition to these provisions (the Hatch Act provisions) restricting the political activities of employees of State and local public agencies, the 1966 amendments to the Economic Opportunity Act, Public Law 89-794, 80 Stat. 1451, extend restrictions on political activities to many of the employees of private agencies administering programs financed under the Economic Opportunity Act and require that community action programs be administered in such a way as to keep them out of partisan political activity. (There are slso prohibitions against use of funds appropriated for OEO in P.L. 92–225, § 402).

Section 202(b) of the Economic Opportunity Act (42, U.S.C. § 2782 (b)) was amended in 1966 to provide, in part, that all programs must be carried on "in accordance with standards and policies, including rules governing the conduct of officers and employees, to preclude the use of program funds, the provision of services, or the employment or assignment of personnel in a manner supporting or resulting in an identification of such program with any partisan political activity or any activity designed to further the election or defeat of any candidate for public office * * *" (title II of the 1966 amendments, § 202).

Another provision amends section 603 of the act (42 U.S.C. § 2943) as follows:

§603. (a) For purposes of chapter 15 of title 5 of the United States Code any overall community action agency which assumes responsibility for planning, developing, and coordinating community-wide antipoverty programs and receives assistance under this Act shall be deemed to be a State or local agency; and for purposes of clauses (1) and (2) of section 1502(a) of such title any agency receiving assistance under this Act (other than part C of title I) shall be deemed to be a State or local agency.

(b) The Director, after consultation with the Civil Service Commission, is authorized to issue such regulations or impose such requirements as may be necessary or appropriate to supplement the provisions of subsection (a) of this section or otherwise to insure that programs assisted under this act are not carried on in a manner involving the use of program funds, the provision of services, or the employment or assignment of personnel in a manner supporting, or resulting in the identification of such program with, any partisan political activity or any activity designed to further the election or defeat of any candidate for public office (title V of the 1966 act, § 604).

Consequently, employees of public agencies (if not exempt because they are educational or research institutions) are subject to the general Hatch Act type of restrictions on political activities.

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Employees of private agencies are only subject to limitations on use of official authority to interfere in elections or solicit contributions. The general prohibitions against engaging in political activity do not apply to such employees.

Rules that political contributions or services are not obligatory may be prescribed by the President as respects employees in an executive agency or the competitive service. Such rules may provide that failure to contribute to a political fund or to render political service shall not be reason for removal nor may such an employee be prejudiced for refusal to do so (5 U.S.C. § 7321).

Political contributions prohibition.-An employee in an executive agency (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 or employee of a uniformed service a thing of value for political purposes; an employee so doing shall be removed from the service (5 U.S.C. § 7323)

4. THE PENDLETON ACT

This act, also called the Civil Service Act, was originally enacted during the 2d session of the 47th Congress and became effective January 16, 1883. Five sections of the original act either related to Representatives in, and Delegates to, the Congress or related to campaign funds and elections (secs. 10-15, ch. 27, 22 Stat. 403, 406– 407).

These original sections of the Pendleton Act, some of which have been amended, now appear in the following titles and sections of the United States Code, 1970 edition.

Congressional regulation of campaign contributions by Federal employees commenced with an act of 1867 (14 Stat. 492) which provided that no officer or employee of the Government could require or request any workingman in a navy yard to contribute any money for political purposes. In 1876, a provision of the Legislative, Executive, and Judiciary Appropriation bill (19 Stat. 169) prohibited all executive officers or employees of the United States not appointed by the President, with the advice and consent of the Senate, from requesting, giving to, or receiving from any other officer or employee any money or property or other thing of value for political purposes.

Then, in 1883, as noted, Congress enacted the statute to regulate and improve the civil service of the United States (the "Pendleton Act"). The five sections of the act pertaining to political contributions by Federal employees were included to forbid forced political levies on subordinate employees by those in higher positions. They were not meant to exclude voluntary contributions to persons not Senators or Members or Federal officers or employees as long as such contributions

were not made in a Federal building. Such provisions included a prohibition against Senators and Representatives and officers and employees from soliciting or receiving contributions for political purposes from Federal employees, a prohibition against the making of such contributions by Federal employees, a prohibition against such solicitation or receipt in a Federal building, and a prohibition against coercion or intimidation of Federal employees for refusing such contributions. A penal provision was included as respects these sections. A further provision excluded persons in the public service from any obligation to contribute to a political fund or render any political activity and interdicted the removal of such person for refusing to do so.

Section 11 of the Pendleton Act was amended in 1925 by the Corrupt Practices Act and became section 312 of that act. The texts of those sections (sec. 10-14) of the original Pendleton Act as they now appear in amended or revised form in the United States Code, 1970 edition, are as follows:

Section 10, now codified as title 5, section 3303:

§ 3303. Competitive service; recommendations of Senators or Representatives. An individual concerned in examining an applicant for or appointing him in the competitive service may not receive or consider a recommendation of the applicant by a Senator or Representative, except as to the character or residence of the applicant.

Section 11, now codified as title 18, section 602:

§ 602. Solicitation of political contributions.

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.

Section 12, now codified as title 18, section 603:

§ 603. Place of solicitation.

Whoever, in any room or building occupied in the discharge of official duties by any person mentioned in section 602 of this title, or in any navy yard, fort, or arsenal, solicits or receives any contribution of money or other thing of value for any political purpose, shall be fined not more than $5,000 or imprisoned not more than three years, or both.

Section 13, now codified as title 18, section 606:

§ 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 not more than $5,000 or imprisoned not more than three years, or both.

Section 14, now codified as title 18, section 607:

§ 607. Making political contributions.

Whoever, being an officer, clerk, or other person in the service of the United States or any department or agency thereof, directly or indirectly gives or hands over to any other officer, clerk, or person in the service of the United States, or

to any Senator or Menter for Delegate to Congress, or Resident Commissioner, ELT SODAT OP Other vanade toną a veront é le so be accided to the promotion of my priora tejem shall be fed at sure than $5,000 or imprisoned not

1. THE POWERS ACT CR AN ACT PROHIBITING THE PUBLICATION OR DISTRIBUTION OF ELECTION CAMPAIGN STATEMENTS NOT CONTAINING NAMES OF PERSONS RESPONSIBLE THEREFOR AND MCARTHY AMENDMENY

The Powers Art was adopted. December 23, 1944:58 Stat. 914) in the 78th Congress. It was originally directed chiefly at political advertisements in newspapers and at the distribution of political handbis, etc., and was intended, along with the Corrupt Practices Act and the Hatch Act to protect the purity of Federal elections. It resulted from a recommendation of the Senate Special Committee To Investigate Presidential. Vice Presidentis. and Senatorial Campaign expenditures, 1940 S. Rept. 47, 77th Cong., 1st sess., p. 80. The committee's investigation had disclosed numerous examples of the distribution of spurious and anonymous campaign literature. It was amended in 1950 64 Stat. 475 and extended to include those persons causing unsigned statements to be sent through the mails.

The purpose of this act is to make it a criminal offense punishable by imprisonment for a term of not more than 1 year or a fine of not more than $1.000, or both, for any person, association, organization, committee or corporation to publish or distribute or cause to be published or distributed, or for the purpose of publishing or distributing the same, to knowingly deposit for mailing or delivery or cause to be deposited for mailing or delivery, any political statement relating to a candidate for election to any Federal office unless such statement contains the names of the persons responsible for its publication. The act prohibits the publication or distribution or the causing of the publication or distribution of pamphlets, circulars, cards, dodgers, posters, advertisements, writings or other statements relating to or concerning a candidate for Federal office unless there is contained the name or names of the persons, associations, committees, or corporations responsible for the publication or distribution. If an association, committee, or corporation is responsible for the publication or distribution there is required to be attached the names of the officers of such association, committee or corporation. There is an exception to take care of cases where employees of the Post Office Department are performing official duties in handling mail possibly subject to this act (18 U.S.C. 612; see H. Rept. 935 and S. Rept. 1390, 78th Cong.). (The McCarthy amendment, sec. 2 of Public Law 772, 81st Cong., was inserted in the Senate, January 19, 1950, Congressional Record, vol. 96, pp. 622-626.)

Cross-reference. See section 25.4 of Postal Laws and Regulations, 1948 edition, prohibiting use of post office walls or bulletin boards for posting of pictures, cartoons, or other documents of a political character, or concerning any election, or designed to influence an election in favor of any candidate.

6. FEDERAL SOLDIERS VOTING LAW

The text of the Federal statutes governing voting by members of the Armed Forces is found in title 50, United States Code, chapter 30, Federal Absentee Voting Assistance (50 U.S.C. §§ 1451-1476).

Selective-service inductees

Any person, inducted into the Armed Forces for training and service under the Selective Service Act, who is qualified to vote under the laws of his State or residence, shall, during the period of such service, be permitted to vote in person or by absentee ballot in any general, special, or primary election occurring in his State, and shall not be required to pay a poll tax or any other tax as a condition of voting in a Federal election. Such person shall not be entitled to a furlough of more than 1 day for the purpose of voting (50 App. U.S.C. § 459 (i)). Polling members of Armed Forces

Polling members of the Armed Forces either before or after election with reference to their vote or choice of any candidate is forbidden and a penalty of $1,000 or imprisonment for 1 year is set for the offense (18 U.S.C. §596).

7. FRAUDULENT REGISTRATION OR VOTING

Whoever knowing or willfully gives false information as to his name, address, or period of residence in the voting district for the purpose of establishing his eligibility to register or vote, or conspires with another individual for the purpose of encouraging his false registration to vote or illegal voting, or pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than 5 years, or both. This provision shall be applicable only to general, special, or primary elections held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the U.S. Senate or House Representatives, or Delegates or Commissioners from the Territories or possessions, or Resident Commissioner of Puerto Rico (the Voting Rights Act of 1965, Public Law 89-110, § 11(c); U.S.C. 1970 ed., § 1973i(c)).

8. SUMMARY OF PENALTIES FOR VIOLATING PROVISIONS OF
FEDERAL LAWS REGULATING CAMPAIGN FINANCING

(Unless otherwise indicated, all section references are to Title 18, United States Code)

Offenses for which the penalty is a fine of not more than $1,000 or imprisonment for not more than 1 year or both:

Use of official authority by administrative officers of the Federal Government, the District of Columbia, or of federally financed projects of the States and municipalities, to interfere with or to influence the nomination or election of Federal officers ($595).