and also-between January 1 and 5 (shall cover preceding calendar year) (pp. 9) a statement containing (complete as of the 5th day next preceding the date of filing) (1) name and address of each person who has made a contribution to or for such committee in one or more items which aggregate within the calendar year $100 or more show amount, date names shall be arranged alphabetically with each category according to amount of contribution $100 to 499 $500 to 999 $1,000 and over (2) total sum of contributions not stated in (1) (contributions of $99 or less) (3) total sum of all contributions (4) expenditures of $10 or more (one or more items) name purpose of such expenditures (5) total sum of all expenditures (not stated in (4)) (b) (1) Each item of expenditure shall show number of cards, pamphlets, circulars, etc. names of newspapers, advertisements names of stations, TV or radio Where expenditures are made for more than one candidate, statement shall indicate the candidates and the amount allocable to each; divide total expenditure by number of candidates. (b) (2) Each expenditure shall be described by general category— salaries, commissions, fees, traveling, subsistence printing and advertising other than radio and TV radio TV office overhead subvention or transfer to other political committee or candidate miscellaneous and total expenditure for each such category shall be listed (c) Statement under (a) above shall be cumulative during calendar year. (d) January statement shall cover preceding calendar year. (e) Statement by others than political committees Section 203: Every person who makes an expenditure of $100 or more within a calendar year (other than by contribution to a political committee) shall file with Clerk of the House of Representatives an itemized detailed statement, in same manner as required of the treasurer of a political committee. Statement by candidates Section 204: (a) Every candidate shall file with the Clerk of the House 10th and 15th days and on the 5th day before, and also within 30 days after the date on which the election is to be held (1) all contributions received by him, expenditures made by him, for himself or others (2) a statement of every promise or pledge, made by him or by others for him with his consent, made prior to the closing of the polls relative to the appointment or recommendation for appointment to any public or private position or employment, for the purpose of procuring support in his candidacy Name, address and occupation to whom any of the above is made. (b) Cumulative reports (c) Every candidate must furnish total number of votes for all candidates for the office sought (to be used as a basis for the computation under sec. 209 (b) (2)) (d) Senator-file statement with House and Senate. Filing with the clerk of the United States district court Section 205: Copy of every statement shall also be filed with the clerk of the United States district court where political committee is located— statements by political committees-file in district in which candidate resides statements by candidates-file in district in which contributions are received and expenditures made Formal requirement on filing statements Section 206 (1) Statements shall be verified (2) Properly filed when mailed (3) Statements shall be preserved for 10 years from date of filing Duties of Clerk of the House and Secretary of the Senate Section 207 (a) (1) To develop uniform methods and forms (2) Make statements available for public record (3) To ascertain if paper statements have been filed (4) Publish summaries (b) See if Senate shall report delinquency to Committee on Rules and Administration of the Senate (c) Clerk of House shall report delinquency to the Committee on House Administration Suspension of the administration of this act Section 208: House and Senate committees (1) to study reports and summaries (2) ascertain any delinquency (3) report violations to law-enforcing agencies (4) Take other required action (5) to report their activities to the respective Chamber Limitation upon amount of expenditures Section 209 (a) Senator, Representative, Delegate, Resident Commissioner (b) Campaign for election (primaries, nominating conventions, caucuses and special and general elections considered separate for purpose of this limitation)— For Senator, $50,000 For Representative at large, $50,000 For Representative, $12,500 For Delegate, $12,500 For Resident Commissioner, $12,500 Election other than a caucus or nominating convention (b) (2) for Senator, 10 cents X total votes cast in either last primary or last general election for all candidates for that office for Representative at Large, maximum, $250,000 for Representatives, use same method as above for Delegate, for Resident Commissioner, maximum, $25,000 (c) NOTE.-Maximum in (b) (2) above must include expenditures made on behalf of the candidate by political committees Where political committee supports more than one candidate, allocate to each candidate in the same ratio as expenditures on behalf each candidate for printing, advertising, radio time, and TV bears to the total of such expenditures. Penalties Section 210 (a) Fine not more than $1,000 or imprisoned not more than 1 year, or both If violation was willful not more than $10,000 and imprisoned not more than 2 years 61589-55-15 (b) Any candidate who knowingly consents to any violation by an authorized political committee not more than $10,000 and not more than 2 years Expenses of election contests Section 211: Does not apply to expenditures for proper legal expenses in contesting the results of an election State laws not affected Section 212. State laws directly inconsistent with this law are invalid Partial invalidity Section 213. "This act"-saving clause TITLE III. AMENDMENTS TO CRIMINAL CODE Section 301: Definitions Section 302: Limitations on Financial Aid to Candidates $10,000 (contributions or expenditures in the aggregate, covers nomination or election, or succes of any national political party) Penalty, $5,000 or not more than 5 years or both (This does not apply to a political committee.) Maximum contributions to and expenditures by interstate political committees Section 303: No political committee operating in two or more States shall receive contributions or make expenditures greater than— 20 cents X total votes cast for all candidates for the office of President in any of the last three final elections for that office. Contributions by national banks, corporations and labor organizations (a) Candidates or political committees may not, for any Federal election, use funds received directly or indirectly from a labor union, corporation, or national bank (b) violation— Not more than $10,000, not more than 1 year, or both if willful $10,000 or not more than 2 years, or both Senator CURTIS. Our first witness this morning in person is Mr. Clarence Mitchell of the National Association for the Advancement of Colored People. Mr. Mitchell, will you give your name and title and your residence to the reporter, please? TESTIMONY OF CLARENCE MITCHELL, DIRECTOR, WASHINGTON BUREAU, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE Mr. MITCHELL. Thank you, Senator Curtis. My name is Clarence Mitchell, director of the Washington bureau of the National Association for the Advancement of Colored People in Washington, D. C., and I am acompanied by Mr. J. Francis Pohlhaus who is counsel of the Washington bureau. Senator Curtis, Mr. Pohlhaus is here primarily in case there are questions about the technical amendment. Senator CURTIS. We are delighted to have him. Mr. MITCHELL. He was formerly in the Civil Rights Section of the Department of Justic and has had a lot of experience with these problems of voting and that sort of thing, so he would be able to give some very good advice if it is asked. I am a resident of the State of Maryland. Mr. Pohlhaus is a resident of Washington. Senator CURTIS. Does your paper disclose the scope of the association that you represent? Mr. MITCHELL. Yes; the paper does not disclose, but I can say for the record Senator CURTIS. For the record, tell us who you represent. Mr. MITCHELL. We represent the National Association for the Advancement of Colored People, which is an organization founded in 1909. It is a New York corporation and we have branches in most of the States of the Union. Our membership numbers approximately 350,000 people. We operate under a national board of directors which is made up of persons from many States of the Union and is interracial in character. We also have an annual convention each year. Last year it met in Dallas, Tex. This year it will meet in Atlantic City, N. J. Is that sufficient? Senator CURTIS. Yes. Now, you have a prepared statement, do you not? Mr. MITCHELL. If I may, Senator Curtis, I would like to offer my statement for the record and then attempt to summarize it orally. Senator CURTIS. Without objection, the full statement will be printed in the record at this point and then you may proceed with your summary. Mr. MITCHELL. Thank you, sir. Mr. Chairman and members of the subcommittee, I am Clarence Mitchell, director of the Washington bureau of the National Association for the Advancement of Colored People. Our organization has always supported legislation which will guarantee the maximum participation of qualified citizens in local, State, or national elections. Our testimony on S. 636 supports section 305 of the bill because it fixes responsibility for literature published on behalf of candidates seeking office. We also urge that the bill be amended to strengthen existing laws in order to prevent practices which deprive whole sections of our population of a chance to vote. The need for the provisions of section 305 are obvious to anyone who has lived through some of the recent campaigns in the South. In some of the States, candidates for Congress have been attacked on a wide variety of unjust charges, including treason. The race issue has been emphasized by dishonest candidates. In the First Congressional District of Maryland, the 1954 campaign was based to a great extent on false promises by the Democratic candidate for Congress who tried to defeat the incumbent Representative Edward T. Miller, a Republican. Mr. Miller's opponent promised that he would halt integration in the public schools. Fortunately, Mr. Miller did not stoop to a similar type of campaigning, but, instead, kept his speechmaking and advertising on a high level that supported law and order. It is not only the Democrats who have resorted to such tactics. In the 1952 presidential campaign, the race issue was used in an effort to get southern support for the National Republican ticket. Two examples of these practices come from the States of North and South Carolina. In each instance, the expense connected with the distribution and publication of these materials showed that those responsible for them were backed by a person or persons with a large amount of money to spend. The Aiken Standard and Review of Aiken, S. C., published a quarter-page ad on November 4, 1952, which included the following: Do you want to end segregation? Do you want white and colored attending the public schools together? Working together? We know that your answer isNo. If Stevenson is elected, he is pledged to do away with segregation everywhere. Eisenhower believes this is a matter for the States. Vote for a man who believes as you do. Vote for Eisenhower. This ad stated that it was authorized by the South Carolinians for Eisenhower and carried the names of a Douglas McKay, chairman; W. S. Reamer, Jr., vice chairman, and B. M. Edwards, treasurer. On the eve of the 1952 election, an airplane dropped circulars over North Carolina cities which included the following: Do you want a Negro in your job? Do you want a Negro as your boss? That is what may happen if Eisenhower loses in the coming election. In order to save our way of life-in order to avoid racial struggle-we, the white people of the South, must vote for Ike Eisenhower. We offer for the record photostatic copies of these ads. This type of campaign literature was used extensively in the 1952 election and is frequently used in other Federal elections. Usually, it is repudiated by the candidate seeking office, but, as a rule, disavowal of it comes too late to have any effect on the outcome of elections. It is important to say, for the record, that those who campaigned for the President with this type of literature in North and South Carolina have been repudiated twice. First, they were not successful in carrying their States for the candidate they endorsed. Second, President Eisenhower has shown by his personal example and executive action that he opposes the kind of racial bigotry that these ads sought to promote. All Americans, regardless of party, should be grateful because Presidents Roosevelt, Truman, and Eisenhower have put the White House stamp of approval on equality of treatment without regard to race, religion, or national origin. We also recommend that S. 636 be amended to include a new section 306 under title III. This section would read as follows: SEC. 306. Title 18, United States Code, section 594, is amended to read as follows: "SEC. 594. Whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, presidential elector, Members of Senate, or Members of the House of Representatives, Delegates or Commissioners from the Territories and possessions, at any general, special, or primary election held solely or in part for the purpose of selecting or electing such candidates, shall be fined not more than $1,000 or imprisoned not more than 1 year, or both." Section 2004 of the Revised Statutes (U. S. C. 31) is amended as follows: "All citizens of the United States who are otherwise eligible by law shall be entitled to and allowed the same and equal opportunity to qualify to vote and to vote at any general, special, or primary election by the people conducted in or by any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision without distinction, direct or indirect, based on race, color, religion, or national origin; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwithstanding. The right to qualify to vote and to vote, as set forth herein, shall be deemed a right within the meaning of, and protected by, the provisions of title 18, United States Code, section 242, as amended, section 1979 of the Revised Statutes (8 U. S. C. 43), and other applicable provisions of law. "In addition to the criminal penalties provided, any person or persons violating the provisions of this section shall be subject to suit by the party injured, or by |