"Federal agency" defined

Contribution to candidate or committee, etc.,

(2) The term "Federal agency" includes any executive department, independent establishment, or other agency of the United States (except a member bank of the Federal Reserve System).

NOTES ON DECISIONS

In Oklahoma v. United States Civil Service Commission, 330 U. S. 127, February 10, 1947, held that a State highway commissioner whose principal employment was in connection with an activity financed in part by loans and grants from a Federal agency, "acting as chairman of the State Central Committee and acting, ex officio, as a member of the Dinner's Committee for the purpose of raising funds for the Party and for selling war bonds" constituted "taking an active part in political management" in violation of section 12 (a) and warranted an order for his removal by the Civil Service Commission

Sec. [13.] 608.18 FINANCIAL AID TO CANDIDATES —– CONTRIBUTIONS. (Title 18, U. S. C., sec. 608, as enacted by Public Law 772, 80th Cong., 2d sess., superseding sec. 13, ch. 410, 53 Stat. 1147-1149, as added by ch. 640, 54 Stat. 770, and U. S. C. A., sec. 61m.)

SEC. 608. (a) Whoever, directly or indirectly, makes contributions in an aggregate amount in excess of $5,000 in excess of $5,000 during any calendar year, or in connection with any

unlawful

Penalty

Contributions to

or by State or

etc., excepted

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.

This subsection shall not apply to contributions made local committees, 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.

18 Sec. 608 quoted above in the text is based on former sec. 13 of the Hatch Act. References to "pernicious political activity" were omitted in the revision of title 18, U. S. C., as enacted by Public Law 772, 80th Cong, 2d sess.

The punishment provision of this section, which formerly appeared as first sentence of subsec. (d) of former sec. 13 of the Hatch Act, is set out at the end of the first paragraphs of subsecs. (a) and (b), respec tively. Words "or both" were added to the punishment provisions in two places, to conform to the almost universal formula of this title.

To improve style the last sentence of subsec. (a) was made a paragraph and the words "or to similar committees or organizations in the District of Columbia or in any Territory or possession of the United States" were added at the end of it. These words were added upon authority of definition of "State" in subsection (d) of former sec. 13, which described a State as including a Territory or possession, and for the further reason that to omit the District of Columbia would have the effect of prohibiting contributions of more than $5,000 by the District committee of each major party to their respective national committees but would permit such contributions by similar committees in the Canal Zone, Virgin Islands, or Puerto Rico.

Subsec. (b) of former sec. 13 of the Hatch Act, contained definitions of "person" and "contribution." In this revised section, definition of "person" was omitted as unnecessary in view of substitution of "Whoever" and definition of "whoever" in sec. 1 of title 1, U. S. C., 1940 ed., General Provisions. Inasmuch as the definition of "contribution" in subsec. (b) of former sec. 13 of the Hatch Act was substantially the same as that contained in subsec. (d) of sec. 302 of the Corrupt Practices Act (sec. 241 of title 2, U. S. C., 1940 ed., The Congress, which is incorporated in sec. 591 of revised title 18, U. S. C., such definition is not repeated in this section, but the definition, as contained in said sec. 591 of title 18 is made applicable by subsec (d) of this revised section.

Subsec. (e) of former sec. 13. was omitted as unnecessary in the revision. Changes were made in phraseology.

(b) Whoever purchases or buys any goods, commodi- Certain purchases ties, advertising, or articles of any kind or description, the tising, etc.. un proceeds of which, or any portion thereof, directly or indi- lawful rectly inures to the benefit of or for any candidate for an elective Federal office including the offices of President of the United States, and Presidential and Vice Presidential electors or any political committee or other political 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 Penalty party, shall be fined not more than $5,000 or imprisoned not more than five years, or both.

This subsection shall not interfere with the usual and Noninterference known business, trade, or profession of any candidate.

with candidate's business. etc.

etc.

(c) In all cases of violations of this section by a part- Violations by nership, committee, association, corporation, or other partnerships. organization or group of persons, the officers, directors, or managing heads thereof who knowingly and willfully participate in such violation, shall be punished as herein. provided.

defined

(d) The term "contribution," as used in this section, "Contribution" shall have the same meaning prescribed by section 591 of this title.

CROSS REFERENCE

For definition of term "Contribution" see, supra, section 591 of title 18, United States Code, following section 302 of the Corrupt Practices Act.

19

Sec. [14.] DISTRICT OF COLUMBIA EMPLOYEES AS EMPLOYEES OF UNITED STATES. (Added by 54 Stat. 767; 18 U. S. C. A., sec. 61n.)

Sec. 15.20 ACTIVITIES PROHIBITED ON PART OF CIVIL-SERVICE EMPLOYEES AS PROHIBITED ON PART OF OTHER GOVERNMENT AND STATE EMPLOYEES. (Added by 54 Stat. 767.)

SEC. 15. The provisions of this Act which prohibit persons to whom such provisions apply from taking any active part in political management or in political campaigns shall be deemed to prohibit the same activities on the part of such persons as the United States Civil Service Commission has heretofore determined are at the time this section takes effect prohibited on the part of employees in the classified civil service of the United States by the provisions of the civil-service rules prohibiting such employees from taking any active part in political management or in political campaigns.

Taking active management,

part in political

etc.", deemed to include

activities pro

hibited by Commission

Former sec. 14 of the Hatch Act providing that District of Columbia employees be included in the act was repealed by Public Law 772, 80th Cong., 2d sess., but was reenacted and consolidated with former secs. 2, 8, 19, and 21 to form sec. 595 of the revised title 18, U. S. C. (See note to sec. [2] 595.)

*Secs, 9, 9A, 12, 15, 16, and 18 of the Hatch Act being former secs. 61h, 611, 611, 610, 61p, and 61r, respec tively, of title 18, U. S. C., 1940 ed. (and U. S. C. A.) were not included in the revision of title 18, U.S. C., as enacted by Public Law 772, 80th Cong., 2d sess. Recommendation was made by the revisers that these Sections be transferred to title 5, Executive Department, but the transfer has not been effected and until that time these sections are without a code citation and must be cited with the United States Statutes citation cited to the text in each instance. (See 80th Cong., 1st sess., H. Rept. No. 304 on H. R. 3190.)

Certain residents

of municipalities

in immediate

etc.

Political activities when permitted

Sec. 16.21 POLITICAL CAMPAIGNS IN LOCALITIES WHERE MAJORITY OF VOTERS ARE GOVERNMENT EMPLOYEES. (Added by 54 Stat. 767; 18 U. S. C. A.. sec. 61p.)

SEC. 16. Whenever the United States Civil Service Commission determines that, by reason of special or vicinity of D.O.. unusual circumstances which exist in any municipality or other political subdivision, in the immediate vicinity of the National Capital in the States of Maryland and Virginia or in municipalities the majority of whose voters are employed by the Government of the United States. it is in the domestic interest of persons to whom the provisions of this Act are applicable, and who reside in such municipality or political subdivision, to permit such persons to take an active part in political manage ment or in political campaigns involving such munici pality or political subdivision, the Commission is authorized to promulgate regulations permitting such persons to take an active part in such political manage ment and political campaigns to the extent the Commission deems to be in the domestic interest of such persons.

Regulation by
Commission

Political activities
in connection
with designated
elections, etc.,
not prohibited

22

Sec. [17.] ** STATE EMPLOYEES RUNNING FOR PUBLIC OFFICE; RESIGNATION UPON ELECTION. (Added by 54 Stat. 767; 18 U. S. C. A., sec. 61q.)

Sec. 18. ELECTIONS NOT SPECIFICALLY IDEN. 1 TIFIED WITH NATIONAL OR STATE ISSUES OR POLITICAL PARTIES. (Added by 54 Stat. 767.)

SEC. 18. Nothing in the second sentence of section 9 (a) or in the second sentence of section 12 (a) of this Act shall be construed to prevent or prohibit any person subject to the provisions of this Act from engaging in any political activity (1) in connection with any election and the preceding campaign if none of the candidates is to be nominated or elected at such election as representing a party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected, or (2) in connection with any question which is not specifically identified with any National or State political party. For the

1 Secs. 9, 9A, 12, 15, 16, and 18 of the Hatch Act being former secs. 61h, 611, 611, 610, 61p, and 61r, respee tively, of title 18, U. S. C., 1910 ed' (and U. S. C. A.) were not included in the revision of title 18, U. S.C. as enacted by Public Law 772, 80th Cong., 2d sess. Recommendation was made by the revisers that these sections be transferred to title 5, Executive Department, but the transfer has not been effected and unti that time these sections are without a code citation and must be cited with the United States Statutes citation cited to the text in each instance. (See 80th Cong., 1st sess., H. Rept. No. 301 on H. R. 3190.) 22 Former sec. 17 of the Hatch Act was repealed by Public Law 772, 80th Cong., 2d sess. The section was omitted in the enactment of the revision of title 18, being temporary and relating only to candidates who had been nominated prior to its enactment July 19, 1940, by ch. 640, 54 Stat. 771. (See 80th Cong.. 1st sess H. Rept. No. 304 on H. R. 3190.)

23 Secs. 9, 9A, 12, 15, 16, and 18 of the Hatch Act being former secs. 61h, 611, 611, 610, 61p and 61r, respec tively, of title 18, U. S. C., 1940 ed. (and U. 8. C. A.) were not included in the revision of title 18, U. S. C. as enacted by Public Law 772, 80th Cong., 2d sess. Recommendation was made by the revisers that these sections be transferred to title 5. Executive Department, but the transfer has not been effected and unti that time these sections are without a code citation and must be cited with the U. S. Statutes citation cited to the text in each instance. (See 80th Cong., 1st sess., H. Rept. No. 304 on H. R. 3190.)

purposes of this section, questions relating to constitu- Referendums, etc. tional amendments, referendums, approval of municipal ordinances, and others of a similar character, shall not be deemed to be specifically identified with any National or State political party.

24

Sec. [19.] STATE DEFINED. (Added by 54 Stat. 767; 18 U. S. C. A., sec. 61s.)

Sec. [20.] 609. MAXIMUM CONTRIBUTIONS TO AND EXPENDITURES BY POLITICAL COMMITTEES; PENALTIES. (Title 18 U. S. C., sec. 609, as enacted by Public Law No. 772, 80th Cong., 2d sess., superseding sec. 20, ch. 410, 53 Stat. 1147-1149, as added by ch. 640, 54 Stat. 767, and 18 U. S. C. A., sec. 61t.)

Receipts and

expenditure of

SEC. 609. No political committee shall receive contributions aggregating more than $3,000,000, or make political expenditures aggregating more than $3,000,000, during in excess of any calendar year.

For the purposes of this section, 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.

committees

$3,000,000
forbidden

Any violation of this section by any political committee Violations shall be deemed also to be a violation by the chairman. and the treasurer of such committee and by any other person responsible for such violation and shall be pun- Penalty ishable by a fine of not more than $1,000 or imprisonment of not more than one year, or both; and, if the violation was willful, by a fine of not more than $10,000 or imprisonment of not more than two years, or both.

CROSS REFERENCE

For definitions of terms applicable to this section see, supra, section 591 of title 18, United States Code, following section 302 of the Corrupt Practices Act.

For duties as to contributions; accounts and receipts; statements; limitations upon expenditures see, supra, sections 303-309 of the Corrupt Practices Act.

Sec. [21.] 26 ACTIVITIES OF EMPLOYEES OF EducaTIONAL AND RESEARCH INSTITUTIONS, ETC. (Added by 56 Stat. 986; 18 U. S. C. A., sec. 61u.)

Former sec. 19 of the Hatch Act defining the term "State" was repeated by Public Law 772, 80th Cong., 2d sess., but was reenacted and consolidated with former secs. 2, 8, 14, and 21 to form sec. 595 of the revised title 18. (See note to sec. [2] 595.)

"Sec. 609 is based on form er sec. 20 of the Hatch Act and sec. 314 of the Corrupt Practices Act, the punishment provisions of sec. 314 being incorporated at the end of the section upon authority of reference to them contained in words "Terms used in this section (sec. 20) shall have the meaning assigned to them in sec. 302 of the Federal Corrupt Practices Act, 1925, and the penalties provided in such Act shall apply to viola tions of this section." Words "or both" were added to the second punishment provision to conform to the almost universal formula of title 18. Changes were made in phraseology. (See 80th Cong., 1st sess., H. Rept. No. 304 on H. R. 3190.)

Former sec. 21 of the Hatch Act relating to activities of employees of educational and research institu dons, etc., was repealed by Public Law No. 772, 80th Cong., 2d sess., but was reenacted and consolidated with former secs. 2, 8, 14, and 19 to form sec. 595 of the revised title 18, U. 8. C. (See note to sec. [[2] 506.)

AN ACT PROHIBITING THE PUBLICATION AND DISTRI ELECTION CAMPAIGN STATE S

TRIBUTION

OF

MENTS NOT CONTAINING NAMES OF PERSONS RI RESPONSIBLE THEREFOR

[Public Law 544, 78th Cong., December 23, 1944, ch. 706, secs. 1-3, 58 Stat. 914; repealed, revised, and reenacted into positive law as sec. 612 of title 18, U. S. C., by Public Law 772, 80th Cong., June 25, 1948)

Political eirculars, advertisements,

etc.

Convention, primary, or election

Must contain name of person responsible

Penalty

27

Sec. [1, 2, 3.] 2 612. PUBLICATION OR DISTRIBUTE TION OF POLITICAL CIRCULARS, ADVERTISEMENTS, P STATEMENTS, ETC.; INCLUSION OF NAMES OF PER SONS OR CORPORATIONS RESPONSIBLE; PENALTY (Title 18, U. S. C., sec. 612, as enacted by Public Law 772, 80th Cong., 2d sess., superseding secs. 1-3, ch. 706 58 Stat. 914. 915, and 18 U. S. C. A. secs. 62, 62a, 62b.)

SEC. 612. Whoever willfully publishes or distributes any card, pamphlet, circular, poster, dodger, advertise ment, writing, or other statement relating to or concerning any person who has publicly declared his intention to seek the office of President, or Vice President of the United States, or Senator or Representative in, or Delegate or Resident Commissioner to Congress, in a primary, general, or special election, or convention of a political party, or has caused or permitted his intention to do so to be publicly declared, which does not contain the names of the persons, associations, committees, and corpora tions responsible for the publication or distribution of the same, and the names of the officers of each such associa tion, committee, or corporation, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

Public Law 772, 80th Cong,

27 Sec. 612 of title 18, U. S. C., is quoted in the text above as enacted by 1940 ed., secs. 62, 62, 62b),

sess. The section is based on secs. 1-3, ch. 706, 58 Stat. 914, 915 (18 U. S. consolidates the three sections. Reference in sec. 2 (sec. 62a) to persons aiding and abetting, was omitted in the revision of title 18 as unnecessary since such persons are made principals by sec. 2 of the revised 18. Words "upon conviction" which were also contained in said section were omitted by the revisers surplusage, as punishment may not be imposed until after conviction. Other changes were made in phras ology without change of substance. (See 80th Cong., 1st sess., H. Rpt. No. 304 on H. R. 3190.)