INFORMATION OF IMPORTANCE TO CANDIDATES FOR

OFFICE OF UNITED STATES REPRESENTATIVE IN THE EIGHTY-THIRD CONGRESS

I. EXPLANATORY DIGEST OF FEDERAL CONSTITUTIONAL AND STATUTORY PROVISIONS CONCERNING ELECTION OF REPRESENTATIVES IN AND DELEGATES TO 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 United States Constitution but no religious test shall ever be required as a qualification for the office (Constitution, art. VI, clause 3). The Constitution provides that

no

* * *

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 fourteenth 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 This portion of the amendment which was ratified July 28, 1868, though not since superseded, obviously dealt with a situation created during the Civil War.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 Seventeenth or 1950 Decennial Census of Population. Since by statute the number of Members of the House is fixed at 435, each State will be entitled, commencing in the Eighty-third Congress, to the number of Members indicated in the table below (Constitution, art. I, sec. 2, clause 3; amendment XIV; 2 U. S. C. secs. 2a-2b).

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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 chusing 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. The only exception is in Maine, where Representatives are elected on the date of the biennial election for State officers (2 U. S. C. sec. 7). A Federal statute also specifies that all votes for Representative 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. sec. 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, district, or Territory for a Representative or Delegate 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 and Territories respectively (2 U. S. Č., sec. 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.)

1. INVESTIGATIONS SPECIAL COMMITTEE TO INVESTIGATE CAMPAIGN EXPENDITURES FOR THE HOUSE OF REPRESENTATIVES, 1952, PURSUANT TO HOUSE RESOLUTION 558, EIGHTY-SECOND CONGRESS

By resolution the House has created a special campaign expenditures committee. This committee is directed to investigate and report to the House not later than January 3, 1953, violations of the Federal Corrupt Practices Act as amended, the Hatch Political Activities Act as amended, and any statute or legislative act of the United States or of any State within which a candidate is seeking nomination or reelection to the House of Representatives, the violation of which Federal or State statute, or statutes, would affect the qualification of a Member of the House of Representatives within the meaning of article I, section 5 of the Constitution of the United States. May 12, 1952, H. Res. 558, Eighty-second Congress, second

session.

2. ELECTION CONTESTS-COMMITTEE ON HOUSE ADMINISTRATION, SUBCOMMITTEE ON ELECTIONS

A standing committee of the House of Representatives, the Committee on House Administration, consisting of 25 members has jurisdiction over the following under rule XI of the Rules of the House of Representatives:

Measures relating to the election of the President, Vice President, or Members of Congress; corrupt practices; contested elections; credentials and qualifications; and Federal elections generally.

A subcommittee on elections of the Committee on House Administration reports to the full Committee on House Administration and the full committee reports to the House which has final determination of election contests.

Congress has passed a statute providing a manner for contesting an election of any Member of the House of Representatives of the United States. The statutory procedure to be followed in such a contest is set forth in sections 201-226 of title 2, United States Code, the text of which is given on page 22.

F. CORRUPT PRACTICES AND POLITICAL ACTIVITIES

1. FEDERAL CORRUPT PRACTICES ACT

The Federal Corrupt Practices Act, 1925, as amended, now appears in part in title 2 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 definitions of election do not include primaries and conventions of a political party. A candidate is an individual whose name is presented at an election (2 U. S. C., sec. 241) or for election (18 U. S. C., sec. 591) as Representative in or Delegate to the Congress. A political committee includes any group which receives or expends money in connection with an election, in two or more States, or as a branch of a national committee. Duly organized State and local committees are excepted. Contributions and expenditures cover promises, contracts and agreements as well as money or "anything of value." Person includes an individual partnership, committee, association, corporation, and any other organization or group of persons (2 U. S. C., sec. 241; 18 U. S. C., supp. V, sec. 591).

Every candidate for Representative or Delegate shall file with the Clerk of the House of Representatives of the United States not less than 10 nor more than 15 days before, and within 30 days after, the day of the general congressional election of November 4, 1952, campaign expense statements (2 U. S. C., sec. 246). For discussion as of filing of statements and limitations on expenditures, see infra page 12, Federal Regulation of the Use of Money at Elections.

A candidate who promises an appointment to a public or private position in exchange for political support shall be fined $1,000 or imprisoned not more than 1 year, or both, and if the violation is willful shall be fined $10,000 and imprisoned not more than 2 years, or both (18 U. S. C., sec. 599).

A Representative in, or Delegate to, or a candidate for Congress, or individual elected as Representative or Delegate, or any officer or employee of the United States Government may not directly or indirectly solicit, receive, or be 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. 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. 602). This section together with section 607 of title 18, United States Code, supplement V, constituted a part of the original Pendleton Act. Section 607 makes it a crime for an officer, clerk, or other person in Federal service to directly or indirectly give or hand over to any other officer, clerk, or person in the Federal service, or to any Member of or Delegate to the Congress any money or other valuable thing on account of or to be applied to the promotion of any political object.