POLICY OF THE COMMITTEE

In order to avoid the useless expenditures of funds and the loss of time by the committee and the staff, it has been decided by the committee to conduct investigations of particular campaigns only upon receipt of a complaint in writing and under oath, by any person, candidate or political committee containing sufficient and definite allegations of fact to establish a prima facie case requiring investigation by the committee. However, the committee reserves the right to act upon its own motion in any manner which it believes will better enable it to carry out the duties imposed by House Resolution 819.

Information which will be of interest to the committee or which will assist the committee in carrying out these duties will be gladly received. All correspondence should be addressed to the committee at room 1630, Longworth House Office Building, Washington, D.C. 20515.

THOMAS P. O'NEILL, Jr., Chairman, Special Committee To Investigate Campaign Expenditures, 1972.

IMPORTANT NOTICE TO CANDIDATES

The Federal Election Campaign Act of 1971 became the effective election campaign law on April 7, 1972. You are urged to give your personal attention to certain requirements of the new election law.

ALL CANDIDATES for the United States House of Representatives MUST file reports on or before specified dates with the Clerk of the House of Representatives. EVERY CANDIDATE must file these reports regardless of whether he or she has personally received or expended anything of value and regardless of whether a Committee has been formed to support his or her candidacy and regardless of whether the Treasurer of such a Committee has or will file similar reports with the Clerk of the House of Representatives. A copy of each report filed with the Clerk of the House must be filed with the Secretary of State of the State in which you are a candidate. (If there is no office of Secretary of State, the equivalent State officer.)

Among other important provisions are two relating to political committees:

(1) Any political committee must include on the face or front page of all literature and advertisements soliciting funds the following notice:

"A copy of our report filed with the appropriate supervisory officer is (or will be) available for purchase from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20420."

(2) Any political committee that solicits or receives contributions or makes expenditures on behalf of a candidate and not authorized in writing by said candidate must include a notice on the face or front page of all literature and advertisements that it is not authorized by such candidate and that such candidate is not responsible for the activities of such committee.

Remember there are CRIMINAL sanctions for noncompliance

INFORMATION OF IMPORTANCE TO CANDIDATES FOR OFFICE OF U.S. REPRESENTATIVE IN THE 93D CONGRESS

I. EXPLANATORY DIGEST OF FEDERAL CONSTITUTIONAL AND STATUTORY PROVISIONS CONCERNING ELECTION OF REPRESENTATIVES IN THE CONGRESS

A. QUALIFICATIONS OF REPRESENTATIVES

The Constitution fixes the qualifications of Representatives in Congress:

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen (Constitution, art. I, sec. 2, clause 2).

Representatives are bound by oath or affirmation to support the U.S. Constitution but no religious test shall ever be required as a qualification for the office (Constitution, art. VI, clause 3).

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The Constitution provides that

*** Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office (Constitution, art. I, sec. 6, clause 2).

The 14th amendment to the Constitution provides that no person shall be a Representative who having previously taken an oath as a Federal or State officer to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. The Congress may, by a vote of two-thirds of each House, remove such disability. This portion of the amendment, which was ratified July 28, 1869, though not since superseded, obviously dealt with a situation created during the Civil War.

B. NUMBER OF REPRESENTATIVES CHOSEN

The Constitution vests the legislative powers in the Congress, consisting of the Senate and the House of Representatives (Constitution, art. I, sec. 1). Representatives are apportioned among the several States according to the whole number of persons in each State as ascertained under the Nineteenth or 1970 Decennial Census of Population. Since by statute the number of Members of the House is fixed at 435, each State will be entitled, in the 93d Congress, to the number of Members indicated in the table below (Constitution, art. I, sec. 2, clause 3; amendment XIV; 2 U.S.C. 2a-2b).

C. "TIMES, PLACES, AND MANNER" OF ELECTION OF

REPRESENTATIVES

The United States Constitution (art. I, sec. 4, clause 1) provides:

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.

Congress has by statute fixed the date for holding congressional elections as the Tuesday next after the first Monday in November in every even-numbered year (2 U.S.C. 7). A Federal statute also specifies that all votes for Representatives in Congress must be by written or printed ballot or voting machine, the use of which has been duly authorized by State law. Votes received or recorded contrary to this statute shall be of no effect (2 U.S.C. 9).

D. FILLING OF VACANCIES IN OFFICE OF REPRESENTATIVE IN CONGRESS

The United States Constitution (art. I, sec. 2, clause 4) provides: When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

Congress has provided by statute that the time for holding elections in any State for a Representative to fill a vacancy, whether such vacancy is caused by a failure to elect at the time prescribed by law, or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States (2 U.S.C. 8).

E. INVESTIGATIONS AND CONTESTS

The House of Representatives is the judge of the elections returns, and qualifications of its own Members (Constitution, art. I, sec. 5, clause 1).