Penalty for violation may be a fine of up to $5,000 or imprisonment for up to 3 years or both (18 U. S. C., supp. V, sec. 607).

It is unlawful for (1) national banks and corporations organized by authority of Congress to make contributions in connection with any caucus, convention, or election; (2) labor organizations to make contributions in connection with the selection or election of a Representative; (3) any candidate, political committee, or other person to accept or receive the above prohibited contributions (18 U. S. C., supp. V, sec. 610).

2. THE HATCH ACT

The Hatch Political Activities Act, 1939, as amended, or an act to prevent pernicious political activities now appears in part in title 5 and in part in title 18 of the United States Code, 1946 edition and supplement V. To locate texts (reproduced herein) of the various sections as they now appear under these titles in the United States. Code and supplement, reference is made to the following transfer table:

The law regulates, by criminal process, the use of money in Federal election campaigns and provides for administrative regulation of political activities of the executive branch of the Federal Government and of State and local government agencies whose principal employment is in connection with an activity financed in whole or in part by loans or grants of the United States.

The intimidation or coercion of persons in Federal elections (18 U. S. C., supp. V, sec. 594), the use of official authority, by administrative officers of the Federal Government, the District of Columbia or of federally financed projects of States and municipalities, to interfere with a Federal election (18 U. S. C., supp. V, sec. 595); the promising by any person of Federal employment or other benefit from Federal funds in return for political activities or support (18 U. S. C., supp. V, sec. 600); the depriving of or the threatening to deprive anyone of employment or other benefit derived from Federal relief or work relief funds on account of race, creed, color, or political activity (18 U. S. C., supp. V, sec. 601); the soliciting of contributions for political purposes from anyone receiving Federal relief or work relief (18 U. S. C., supp. V, sec. 604); the disclosure, for political purposes, of names of persons on Federal relief (18 U. S. C., supp. V, sec. 605); the use by anyone of Federal relief funds or public works appropriations so as to interfere with or coerce any individual in his right to vote (18 U. S. C., supp. V, sec. 598) are prohibited.

Federal employees in the executive branch are prohibited from using their official authority or influence for the purpose of interfering with an election or affecting the results thereof, and from taking an active part in political management or in political campaigns. Excluded from these prohibitions are the President, Vice President, Executive Office personnel, heads and assistant heads of executive departments, appointive officers, and policy-making officers. These prohibitions do not deny officers and employees covered the right to vote as they choose and to express their opinions on all political subjects and candidates. The penalty for violation is immediate removal from office and, thereafter, no part of funds appropriated for such office shall be used to pay the compensation of such persons. The Civil Service Commission has limited discretion in the imposition of penalties under this section. The 1950 amendment (64 Stat. 475) fixed the minimum penalty for suspension at not less than 90 days. It also permits the Commission, at the request of the individual concerned, to reopen the records of persons previously removed under the act. Annual reports to Congress of all actions taken, with a statement of the facts upon which such action was taken and the penalty imposed, are required (5 U. S. C., supp. V, sec. 118i). The political activities prohibited are defined as being the same political activities theretofore determined by the Civil Service Commission as being prohibited to classified employees (5 U. S. C., supp. V, sec. 1181). The United States Supreme Court, in United Public Workers v. Mitchell (1947) (330 U. S. 75), held that these provisions were not unconstitutional.

All alleged violations by officers and employees of State and local agencies financed with Federal funds shall be reported to the Civil Service Commission for investigation. After a hearing, the Commission, upon the determination of a violation, may request the removal of the guilty person. If the request is not carried out within 30 days. the Commission may order that Federal funds equivalent to 2 years' salary of the violator be withheld. A person found guilty by the Commission may petition the district court of the United States for a review of his case.

The Commission is authorized to adopt such rules and regulations necessary to execute its functions and is given the power to subpena witnesses and require the production of documentary evidence (5 U. S. C., supp. V, sec. 118k). (See also Civil Service Commission Rules, ch. III.)

Contributions of more than $5,000 by a person, partnership, corporation, etc., to a candidate or national committee in connection with any campaign for nomination or election are prohibited. There is no restriction on amounts contributed to or by a State or local committee. Purchases of goods, advertising, etc., which inure to the benefit of a candidate are also prohibited (18 U. S. C., supp. V, sec. 608).

Where the majority of the voters of certain municipalities or political subdivisions are employees of the Federal Government, 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 to be in the domestic interest of such voters (5 U. S. C., supp. V, sec. 118m). Political activity which is of a strictly local character, or in connection with constitutional

amendments, referendums, approval of municipal ordinances, and others of a similar character, is permitted by employees of the Federal Government (5 U. S. C., supp. V, sec. 118n).

Contributions or expenditures by a political committee are limited to the aggregate of $3,000,000 (18 U. S. C., supp. V, sec. 609).

The prohibitions in title 5 United States Code, supplement V, sections 118i (a), (b), and 118k, are not applicable to the activities of employees of educational and research institutions and the like.

The United States Civil Service Commission, Washington, D. C., has issued a comprehensive pamphlet (No. 20) explanatory of the Hatch Act, entitled "Political Activity of Federal Officers and Employees."

3. THE PENDLETON ACT

This act, also called the Civil Service Act, was originally enacted during the second session of the Forty-seventh 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, 1946 edition, and supplement V.

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 (secs. 10-14) of the original Pendleton Act as they now appear in amended or revised form in the United States Code, 1946 edition, and supplement V are as follows:

Section 10 now codified as title 5, section 642:

§ 642. Recommendations by Senators or Representatives.

No recommendation of any person who shall apply for office or place under the provisions of sections 632, 633, 635, 637, 638, and 640-642 of this title which may be given by any Senator or Member of the House of Representatives, except as to the character or residence of the applicant, shall be received or considered by any person concerned in making any examination or appointment under said

sections.

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 Member of or Delegate to Congress, or Resident Commissioner, any money or other valuable thing on account of or to be applied to the promotion of any political object, shall be fined not more than $5,000 or imprisoned not more than three years, or both.

4. FEDERAL REGULATION OF THE USE OF MONEY AT ELECTIONS

The principal Federal laws designed to regulate use of money at elections are contained in the acts popularly known as (1) Federal Corrupt Practices Act; (2) the Hatch Political Activities Act; (3) the Pendleton Act; and (4) an act prohibiting contributions from persons or firms negotiating for or performing Government contracts. (a) Limitations on individual candidates

The term "candidate" is defined to mean

an individual whose name is presented at an election for election as Senator or Representative in, or Delegate to, the Congress of the United States, whether or not such person is elected.

Limitations on expenditures are applicable to general and special elections but do not apply to primaries or conventions. There is no limitation on the amount a candidate may receive but receipts must be reported. The limitation imposed by Federal law is subject to any lower limit established by the candidate's own State (secs. 301, 309, Corrupt Practices Act).

United States Representatives (including Delegates).—By Federal law a candidate for Representative in Congress may spend a maximum of either $2,500 or a sum equal to $0.03 multiplied by the total number of votes cast at the last general election for Representative in the particular district, or from the State at large in case of a Representative at large. In either event if his State imposes a lower limitation, he may not spend more than the State imposed limitation. That is, the Federal Corrupt Practices Act adopts any lower State-imposed limitation. The limitation is on expenditures and not on contributions or receipts. The limitation applies to the candidate's campaign

for election at a general or special election but does not apply to a campaign for nomination at a primary or political party convention. For instance, no expenditures made prior to the nominating convention or primary need be reported by a candidate; and presumably no contributions or receipts for the purpose of promoting the candidate's campaign for nomination at the primary or at a convention need be reported. Contributions made prior to the primary or convention but spent after the primary or convention in promoting the candidate's success at the general election must be reported as expenditures (sec. 309, Corrupt Practices Act).

(b) Limitations on political committees

The term "political committee" is defined to include

any committee, association, or organization which accepts contributions or makes expenditures for the purpose of influencing or attempting to influence the election of candidates (Senator, Representative, or Delegate) 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 (18 U. S. C., sec. 591)defining "political committee" for the purpose of section 20 of the Hatch Act (18 U. S. C., sec. 609), which fixes the maximum contributions to and expenditures by political committees. The same definition of "political committee" is given in section 302 of the Corrupt Practices Act in defining which committees must file expense statements.

This law is obviously designed to include the national committees of the various political parties and such adjuncts of the national committees as the congressional and senatorial campaign committees. Excluded from coverage under the statute are the various duly organized State and local committees. But covered by the statute are all branches or subsidiaries of a national committee, association, or organization whether or not the branch or subsidiary operates in more than one State.

The limitation placed on political committees appears in section 20 of the Hatch Act (18 U. S. C., sec., 609), and not in the Corrupt Practices Act as is the case of individual candidates. The maximum limitations imposed embrace both expenditures and contributions rather than expenditures only as is the case of individual candidates. Further, the period of coverage is the entire calendar year rather than the period of the general election campaign as in the case of individual candidates.

Maximum contributions to and expenditures.-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. It is specifically provided that any contributions received and any expenditures made on behalf of any political committee with the knowledge and consent of the chairman or treasurer of such committee shall be deemed to be received or made by such committee (sec. 20, Hatch Act; 18 U. S. C., sec. 609).

(c) Limitations on individuals

Under section 306 of the Corrupt Practices Act every person (other than a political committee) who makes an expenditure of $50 or more within the calendar year, other than a contribution to a political committee, for the purpose of influencing in two or more States the

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