Sidebilder
PDF
ePub

election of candidates for the office of United States Senator or Representative in Congress, must file an expense statement with the Clerk of the House of Representatives in the same manner as required of the treasurer of a political committee. The term "person" is defined to include an individual, partnership, committee (other than a political committee), association, corporation, and any other organization or association.

The limitation placed on the individual is $5,000 and appears as section 13 of the Hatch Act (18 U. S. C., sec. 608). The limitation does 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. Subsection (a) of section 608 reads as follows:

(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.

(d) Limitations on corporations and labor unions

Under section 313 of the Corrupt Practices Act (18 U. S. C., sec. 610), it is unlawful 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 (including Delegate) in 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. Also under section 313 it is unlawful for any candidate for any political office, or for any political committee, or other person to accept or receive any such prohibited contribution. Further, under section 313 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.

Labor organization defined. The term "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. 313 of Corrupt Practices Act, codified as 18 U. S. C. sec. 610).

Contribution defined. The term "contribution" is defined to include a gift, subscription, loan, advance, or deposit, of money, or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make a contribution (sec. 302 (d), Corrupt Practices Act; 2 U. S. C. sec. 241).

Expenditure defined. The term "expenditure" includes a payment, distribution, loan, advance, deposit, or gift, of money, or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure.

Section 313 of the Federal Corrupt Practices Act has been construed in U. S. v. Congress of Industrial Organizations (1947) (77 Fed. Supp. 355, affirmed 335 U. S. 106), not to prohibit the "publication, by corporations and unions in the regular course of conducting their affairs, of periodicals advising their members, stockholders, or customers of danger or advantage to their interests from the adoption of measures or the election to office of men espousing such measures." This case involved a special election for Representatives in Congress in the Third Congressional District of Maryland on July 15, 1947. The president of CIO had written an editorial favoring one of the candidates and opposing the other, and caused it to be published in the CIO News which was circulated in the Third Congressional District. In the painters local union case, involving union expenditures in Connecticut, the United States Circuit Court of Appeals, Second Circuit, ruled on February 8, 1949, in construing section 313 of the Federal Act, that the expenditure by a small labor organization of $111.14 to pay cost of political advertisement in daily newspaper of general circulation and of $32.50 to pay cost of political broadcast over commercial radio station advocating rejection of a candidate for Republican nomination for President and his defeat in Presidential election of 1948, if nominated, and rejection of six incumbent Congressmen as candidates for reelection and their defeat in 1948 Congressional election, if nominated, did not violate the Federal Corrupt Practices Act. U. S. v. Painters Local Union No. 481 (1949) (172 Fed. 2d 854, reversing 79 Fed. Supp. 516).

Section 313 of the Corrupt Practices Act, as amended, was repealed by Public Law 772, June 25, 1948, but was reenacted without change and codified into positive law as section 610 of title 18 of the United States Code entitled "Crimes and Criminal Procedure." (See 80th Cong., 2d sess., S. Rept. 1620 on H. R. 3190.) This section passed February 28, 1925, as section 313 of title III of "an act reclassifying the salaries of the postal service, etc." (43 Stat. 1053, 1070-1074; ch. 368, sec. 313 [H. R. 11444]; Public Law No. 506). The War Labor Disputes Act, known also as the Smith-Connally Anti-Strike Act, made the original section applicable to contributions by labor organizations and added the last sentence (57 Stat. 167, June 25, 1943; ch. 144, sec. 9 [S. 796], Public Law No. 89, being U. S. C. title 50, app. sec. 1509). That amendment was temporary, however, and expired at the end of 6 months following the termination of hostilities of World War II which was proclaimed at 12 o'clock noon of December 31, 1946, by Proclamation No. 2714. The section was further amended and made permanent legislation in the form given now in the text by the Labor-Management Relations Act of 1947. This act extends the prohibition against contributions, both in the case of corporations and labor unions, to include expenditures as well as contributions, and includes primary elections and political conventions within the prohibitions (61 Stat. 159, June 23, 1947; ch. 120, title III, sec. 304 (H. R. 3020), Public Law No. 101). For views of the United States Attorney General (Francis Biddle, 1944) on just what constitutes a labor union see Department of Justice releases, April 7, 1944 (letter to Congressman Howard W. Smith) and September 25, 1944 (letter to United States Senator E. M. Moore).

(e) Statements required

(1) Individual candidates.-Candidates for office of Representative in Congress (including Delegate) must file statements of expenditures not less than 10 nor more than 15 days before and again within 30 days after the general or a special election. Candidates file with the Clerk of the House. 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.

Statements must be verified by oath or affirmation and must meet the following requirements (secs. 307-308, Corrupt Practices Act, 2 U. S. C. secs. 246-247):

*

*

*

*

*

(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 enclose 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.

The fact that the statute does not require statements in connection with a primary does not preclude the appropriate elections committees of the Senate and House from exacting primary statements of candidates. During certain Congresses such statements have been required of candidates concerning expenditures at the primary.

(2) Political committees. The limitation placed on contributions ($3,000,000) to and expenditures ($3,000,000) by a political committee embraces the entire calendar year (sec. 20, Hatch Act; 18 U. S. C. sec. 609). The treasurer of a political committee is required to file a statement with the Clerk of the House 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 (sec. 305, Corrupt Practices Act; 2 U. S. C. sec. 244).

Statements must be verified by oath or affirmation and must meet the following requirements (secs. 305, 308, Corrupt Practices Act; 2 U.S. C. secs. 244, 247):

[blocks in formation]

(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.

(3) Individuals.-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 (sec. 306, Corrupt Practices Act; 2 U. S. C. sec. 245).

(f) Contributions by firms or individuals contracting with the United States

This law prohibits any person or firm entering into a contract with the United States, department or agency, or performing any work or services for the United States or any department or agency thereof, or furnishing any material, supplies, or equipment to the United States or any department or agency thereof, or selling any land or building to the United States or department or agency, if payment is to be made in whole or part from funds appropriated by Congress, during the period of negotiation therefor or the doing thereof, from making any contribution of money or thing of value, or promise to make such contribution to a political party, committee or candidate for public office or to any person for any political purpose whatever. The prohibitions are applicable to contracts for personal services. This law also prohibits any person from knowingly soliciting any such contribution from any such person or firm for such purpose during such period. Penalty may be a fine of as much as $5,000 or imprisonment for as many as 5 years (18 U. S. C. sec. 611; H. Rept. No. 2376, 76th Cong., at p. 12).

5. THE POWERS ACT OR AN ACT PROHIBITING THE PUBLICATION AND DISTRIBUTION OF ELECTION CAMPAIGN STATEMENTS NOT CONTAINING NAMES OF PERSONS RESPONSIBLE THEREFOR AND M'CARTHY AMENDMENT

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 and 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. sec. 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 REGULATION GOVERNING RADIO BROADCASTING BY CANDIDATES

Proadcasting stations allowing time to a candidate for public office must afford other candidates for the same office an equal amount of time. Such stations shall have no power of censorship over material broadcast by candidates. The charges made for the use of any broadcasting station by candidates may not exceed the charges made for comparable use of such station for other purposes (47 U. S. C. sec. 315; amended sec. 11, ch. 879, 66 Stat. 717, Public Law 554, 82d Cong., 2d sess., July 16, 1952).

G. DELEGATES TO CONGRESS

Poth Alaska and Hawaii are represented in the House of Representatives of the United States by a Delegate who does not have voting privileges. These Delegates are elected for the same terms as Members of the House and are chosen at the general election held every 2 years. The Federal statutes regulating the campaigns and elections of Members of the House apply as well to the campaigns and elections of the Delegates from Alaska and Hawaii.

« ForrigeFortsett »