CHECK ON FOLLOWING(July16,1968trip)

1. Get campaign headquarters - check McCully area for headquarters

2. Arrange for rental of HIC banquet Hall for Wednesday, September 4 for campaign kick off.

3. Check on Volkswagen bus

4. Check on nomination papers - Distribution Check with Matthew about the official nomination paper and bring back to D. C. completed. Check both offices and see what they they have been doing with them. Distribute to fieldmen on neighbor islands.

5. Check bumper strips at FAA office.

6. Check with UH and Youth for Inouye group; Any ideas for separate headquarters for themselves? What type of com m ittee they have in mind and the names of people who are heading committee. What they have done since I have left. Any committees formed?

7. Have Carol Hong check on Stephen Carter and Stephen Roblin at the University of Hawaii to see if they will be willing to serve in our campaign. They handled DKI speech at UH on "Dissent. " (Dec. 1967).

8. Arrange for telephone in Dan's car and my car.

9. Check with Fukunaga and Pflueger as to number of cars needed from September to election;

Volkswagen bus Dan's car Henry's car

Cars needed - Maggie Alice & Lamela Jack ? Lefforge ?

10. Check on apartments for girls fo r months of September through October (see Au and Bill Mau) continue - CHECK ON FOLLOWING (July 16, 1968 trip)

11. Check on tape recorders

12. Check with M inoru Suzumoto to make banners to be brought by Hawaii delegation to convention in Chicago. PEOPLE TO SEE IN HAWAII (July 16, 1968 trip)

George Chaplin - 52-977

Larry McManus - 52-977

Harry Tokushige - 507-711 ext. 343 (to do papers for Senator)

Nina Crowell -

Tom Flynn - 568-088

Lippy Espinda - 946-2191

David Broad -

Anson Rego Sr. - 614-522

Henry Awa Wong -

Clem Akina -

Keiji Kawakami - 560-826

Moses Kealoha - 573-386

Ronald Sagum - 941-3311

Arnold Capellas - 941-3311

John Lau - 941-9458

Chung Dho Ahn -514-297

Tom Fukunaga - 504-226

Jimmy Pflueger - 95-217

Man Kwong Au - 562-108

Bill Mau - 938-665

Minoru Suzumoto - 701-920 FACTUAL CAMPAIGN INFORMATION

COMPILED BY THE SENATE LIBRARY

UNDER THE DIRECTION OF FRANCIS R. VALEO

SECRETARY OF THE SENATE RICHARD D. HUPMAN

LIBRARIAN

Revised May 15, 1968

Printed for the use of the Office of the Secretary of the Senate

U.S. GOVERNMENT PRINTING OFFICE

93-558 O WASHINGTON : 1968

For sale b y the Superintendent of Documents, U .S . Government Printing Office Washington, D .C . 20402 - Price 50 cents This information is compiled to serve Senators in the senatorial campaigns in 1968. Revisions will be issued as necessary.

Secretary o f the Senate. CONTENTS

Page U.S. Senate, 90th Congress, 2d session______1 Presidential and Congressional Primaries by State______3 State Primary Elections, 1968, by dates______5 Nominees for U.S Senate, 1968______7 Votes Cast for Senators in 1962, 1964, and 1966______8 Recapitulation of Votes, Election of November 8, 1966______9 Electoral Votes for President and Vice President, and Popular Votes for Presidential and Vice Presidential Electors, 1964______10 Political Divisions of the U.S. Senate and House of Representatives 12 Population of the United States and Apportionment of Membership in the House of Representatives, 1950-60______13 Governors of the States and Territories______14 Presidents and Vice Presidents of the United States______Facing 15 General Election Date, November 5, 1968______15 Federal Constitutional Provisions Governing the Election of Senators 15 Major Statutory Provisions Governing Federal Elections______16 Election of Senators and Representatives______16 Organization of Congress______16 Compensation of Members _____ 17 Oath of Office______18 Loyalty, Security, and Striking______18 Political Activities (Title 5, United States Code)______19 Bribery, Graft, and Conflicts of Interest______21 Elections and Political Activities (Title 18, United States Code) 22 Elective Franchise (including Voting Rights Act of 1965)______28 Wire or Radio Communications______49 Federal Absentee Voting Assistance______49 Miscellaneous Related Acts______56 Federal Corrupt Practices Act, 1925, as amended------56 Hatch Political Activities Act, 1939, as amended------68 Taxability of Political Funds______86 Political Activity of Federal Officers and Employees______88 Standing Rules of the Senate______93 Standards of Conduct for Members of the Senate and officers and em­ ployees of the Senate______95 The Democratic Party: Officers of the Democratic National Committee------100 Executive Committee______100 Senatorial Campaign Committee______100 Congressional Campaign Committee------101 National Committeemen and Committee women------102 Chairmen of the State Central Committees______102 The Republican Party: Officers of the Republican National Committee______106 Executive Committee______106 National Senatorial Committee______106 National Congressional Committee______107 National Committeemen and Committeewomen______109 Chairmen of State Central Committees------109 m UNITED STATES SENATE 90th Congress, 2d Session

C a r l H a y d e n , President pro tempore of the Senate

F r a n c i s R . V a l e o , Secretary

R o b e r t G. D u n p h y , Sergeant at Arms

D a r r e l l S t . C l a i r e , Chief Clerk

J, S t a n l e y K i m m i t t , J. M a r k T r i c e , Secretary for the Majority Secretary for the Minority

[Democrats in roman, 64; Republicans in Ualic, 36]

Name Residence Service from— Term expires ^

George D. Aiken______Putney, V t______Jan. 10, 1941 Jan. 2, 1969 Gordon Allott______Lamar, Colo______Jan. 3, 1955 Jan. 2, 1973 Clinton P. Anderson__ Albuquerque, N. Mex. Jan. 3, 1949 Jan. 2, 1973 Howard H. Baker, Jr____ Knoxville, Tenn_____ Jan. 3, 1967 Jan. 2, 1973 E. L. Bartlett______Juneau, AJaska______Jan. 3, 1959 Jan. 2, 1973 Birch Bayh______Terre Haute, Ind___ Jan. 3, 1963 Jan. 2, 1969 Wallace F. Bennett____ Salt Lake City, Utah. Jan. 3, 1951 Jan. 2, 1969 Alan Bible______Reno, Nev______Dec. 2, 1954 Jan. 2, 1969 J. Caleb Boggs______Wilmington, Del____ Jan. 3, 1961 Jan. 2, 1973 Daniel B. Brewster______Towson, M d______Jan. 3, 1963 Jan. 2, 1969 Edward W. Brooke______Newton Center, Mass. Jan. 3, 1967 Jan. 2, 1973 Quentin N. Burdick_____ Fargo, N. Dak______Aug. 8, 1960 Jan. 2, 1971 Harry F. Byrd, Jr.*_____ Winchester, Va_____ Nov. 12, 1965 Jan. 2, 1971 Robert C. Byrd______Sophia, W. Va______Jan. 3, 1959 Jan. 2, 1971 Howard W. Cannon_____ Las Vegas, Nev_____ Jan. 3, 1959 Jan. 2, 1971 Frank Carlson______Concordia, Kans____ Nov. 29, 1950 Jan. 2, 1969 Clifford P. Case______Rahway, N.J______Jan. 3, 1955 Jan. 2, 1973 Frank Church______Boise, Idaho______Jan. 3, 1957 Jan. 2, 1969 Joseph S. Clark______Philadelphia, Pa____ Jan. 3, 1957 Jan. 2, 1969 John Sherman Cooper____ Somerset, K y ______Nov. 7, 1956 Jan. 2, 1973 Norris Cotton______Lebanon, N.H ______Nov. 8, 1954 Jan. 2, 1969 Carl T. Curtis______Minden, Nebr______Jan. 1, 1955 Jan. 2, 1973 Everett McKinley Dirksen. Pekin, lU______Jan. 3, 1951 Jan. 2, 1969 Thomas J. Dodd______West Hartford, Conn. Jan. 3, 1959 Jan. 2, 1971 Peter H. Dominick______Englewood, Colo____ Jan. 3, 1963 Jan. 2, 1969 James O. Eastland______DoddsvUle, Miss____ Jan. 3, 1943 Jan. 2, 1973 Allen J. Ellender______Houma, La______Jan. 3, 1937 Jan. 2, 1973 Sam J. Ervin, Jr______Morganton, N.C____ June 5, 1954 Jan. 2, 1969 Paul J. Fannin______Phoenix, Ariz______Jan. 3, 1965 Jan. 2, 1971 Hiram L. Fong _____ Honolulu, Hawaii___ Aug. 21, 1959 Jan. 2, 1971 J. W. Fulbright______Fayetteville, Ark____ Jan. 3, 1945 Jan. 2, 1969 Albert Gore______Carthage, Tenn_____ Jan. 3, 1953 Jan. 2, 1971 Robert P. Griffin _ Traverse City, Mich. May 11, 1966 Jan. 2, 1973 Emest Gruening______Juneau, Alaska_____ Jan. 3, 1959 Jan. 2, 1969 Clifford P. Hansen______Jackson, W yo______Jan. 3, 1967 Jan. 2, 1973 Fred R. Harris______Lawton, Okla______Nov. 4, 1964 Jan. 2, 1973 Philip A. Hart______Mackinac Is., M ich .. Jan. 3, 1959 Jan. 2, 1971 Vance Hartke______Evansville, Ind_____ Jan. 3, 1959 Jan. 2, 1971 Mark 0. Hatfield______Salem, Oreg______Jan. 10, 1967 Jan. 2, 1973 Carl Hayden______Phoenix, Ariz______Mar. 4, 1927 Jan. 2, 1969 Bourke B. Hickenlooper... Cedar Rapids, Iow a. Jan. 3, 1945 Jan. 2, 1969 See footnotes at end of table, p. 2. FACTUAL CAMPAIGN INFORMATION

UNITED STATES SENATE— Continued

Name Residence Service from— Term expires ‘

Lister Hill______Montgomery, Ala___ Jan. 11, 1938 Jan. 2, 1969 Spessard L. Holland____ Bartow, Fla______Sept. 25, 1946 Jan. 2, 1971 Ernest F. Hollings ^____ Charleston, S.C_____ Nov. 9, 1966 Jan. 2, 1969 Roman L. Hruska______Omaha, Nebr______Nov. 8, 1954 Jan. 2, 1971 Daniel K. Inouye______Honolulu, Hawaii___ Jan. 3, 1963 Jan. 2, 1969 Henry M. Jackson_____ Everett, Wash______Jan. 3, 1953 Jan. 2, 1971 Jacob K. Javits______New York, N.Y ____ Jan. 9, 1957 Jan. 2, 1969 B. Everett Jordan______Saxapahaw, N .C____ Apr. 19, 1958 Jan. 2, 1973 Len B. Jordan______Boise, Idaho______Aug. 6, 1962 Jan. 2, 1973 Edward M. Kennedy___ Boston, Mass______Nov. 7, 1962 Jan. 2, 1971 Robert F. Kennedy____ New York, N.Y ____ Jan. 3, 1965 Jan. 2, 1971 Thomas H. Kuckel______Anaheim, Calif______Jan. 2, 1953 Jan. 2, 1969 Frank J. Lausche______Cleveland, Ohio_____ Jan. 3, 1957 Jan. 2, 1969 Edward V, Long______Bowling Green, Mo._ Sept. 23, 1960 Jan. 2, 1969 Russell B. Long______Baton Rouge, La___ Dec. 31, 1948 Jan. 2, 1969 Warren G. Magnuson__ Seattle, Wash______Dec. 14, 1944 Jan. 2, 1969 Mike Mansfield______Missoula, M ont_____ Jan. 3, 1953 Jan. 2, 1971 Eugene J. McCarthy___ St. Paul, Minn______Jan. 3, 1959 Jan. 2, 1971 John L. McClellan_____ Little Rock, Ark____ Jan. 3, 1943 Jan. 2, 1973 Gale W. McGee______Laramie, W yo __ Jan. 3, 1959 Jan. 2, 1971 George McGovern_____ Mitchell, S. Dak____ Jan. 3, 1963 Jan. 2, 1969 Thomas J. McIntyre___ Laconia, N .H______Nov. 7, 1962 Jan. 2, 1973 Lee Metcalf______Helena, M ont______Jan. 3, 1961 Jan. 2, 1973 Jack Miller______Sioux City, Iowa____ Jan. 3, 1961 Jan. 2, 1973 Walter F. Mondale_____ Minneapolis, Minn__ Dec. 30, 1964 Jan. 2, 1973 A. S. Mike Monroney___ Oklahoma City, Okla. Jan. 3, 1951 Jan. 2, 1969 Joseph M. Montoya____ Santa Fe, N. M ex___ Nov. 4, 1964 Jan. 2, 1971 Wayne Morse______Eugene, Oreg______Jan. 3, 1945 Jan. 2, 1969 Thruston B. Morton____ Glenview, K y______Jan. 3, 1957 Jan. 2, 1969 Frank E. Moss______Salt Lake City, Utah. Jan. 3, 1959 Jan. 2, 1971 Karl E. Mundt______Madison, S. Dak____ Dec. 31, 1948 Jan. 2, 1973 George M urphy______Beverly Hills, C alif.. Jan. 1, 1965 Jan. 2, 1971 Edmund S. Muskie_____ WatervUle, Maine___ Jan. 3, 1959 Jan. 2, 1971 Gaylord Nelson______Madison, Wis______Jan. 8, 1963 Jan. 2, 1969 John O. Pastore______Providence, R .I_____ Dec. 19, 1950 Jan. 2, 1971 James B. Pearson______Prairie Village, Kans. Jan. 31, 1962 Jan, 2, 1973 Claiborne Pell______Newport, R .I______Jan. 3, 1961 Jan. 2, 1973 Charles H. Percy______Kenilworth, R1______Jan. 3, 1967 Jan, 2, 1973 Winston L. Prouty______Newport, Vt __ Jan. 3, 1959 Jan, 2, 1971 William Proxmire______Madison, W is ... _ Aug. 28, 1957 Jan. 2, 1971 Jennings Randolph_____ Elkins, W. Va______Nov. 5,1958 Jan. 2, 1973 Abraham Ribicoff______Hartford, Conn_____ Jan. 3, 1963 Jan. 2, 1969 Richard B. Russell_____ Winder, Ga______Jan. 12, 1933 Jan. 2, 1973 Hugh Scott______Philadelphia, Pa____ Jan. 3, 1959 Jan. 2, 1971 George A. Smathers____ Miami, Fla______Jan. 3, 1951 Jan. 2, 1969 Margaret Chase S m ith... Skowhegan, Maine _ _ Jan. 3, 1949 Jan. 2,1973 John Sparkman______Huntsville, Ala_____ Nov. 6, 1946 Jan. 2, 1973 William B. Spong, Jr___ Portsmouth, Va_____ Dec. 31, 1966 Jan. 2, 1973 John Stennis______De Kalb, M iss..____ Nov. 5, 1947 Jan. 2,1971 Stuart Symington______St. Louis, M o______Jan. 3, 1953 Jan. 2, 1971 Herman E. Talmadge___ Lovejoy, Ga______Jan. 3, 1957 Jan. 2, 1969 Strom Thurmond______Aiken, S.C______Nov. 7, 1956 Jan. 2, 1973 John G. Tower______Wichita Falls, T e x ... June 15, 1961 Jan. 2, 1973 Joseph D. Tydings_____ Havre de Grace, M d. Jan. 3, 1965 Jan. 2, 1971 Harrison A. Williams, Jr Westfield, N.J _ Jan. 3,1959 Jan. 2, 1971 John J. Williams______Millsboro, D e l . . . __ Jan. 3, 1947 Jan. 2, 1971 Ralph Yarborough_____ Austin, Tex______Apr. 29, 1957 Jan. 2, 1971 Milton R. Young______La Moure, N. D ak_. Mar. 12, 1945 Jan. 2, 1969 Stephen M. Young...... Shaker Heights, Ohio. Jan. 3,1959 Jan. 2,1971

1 The first section of Amendment X X to the Constitution provides in part; “ * * * the terms of Senators and Representatives [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. ’ * Elected N ov. 8,1966, to serve unexpired term. PRESIDENTIAL AND CONGRESSIONAL PRIMARIES BY STATE

(General election in all States, Nov. 5, 1968)

Preferential Congressional primary state presidential Senators whose terms expire in 1969 primary Filing deadline Primary date Runoff date •

Alabama______Mar. 1 __ May 7___ June 4. Lister Hill (D). Alaska______June 1 _ . Aug. 2 7-- Ernest Gruening (D). Arizona______July 11_. Sept. 10-- Carl Hayden (D). Arkansas______May 1_. July 3 0 -- Aug. 13. J. W. Fulbright (D). California______June 4. Mar. 22 . June 4___ Thomas H. Kuchel (R). Colorado______July 27 2 Sept. 10 2- Peter H. Dominick (R). Connecticut____ «- (2)------Abraham Ribicoff (D). Delaware______«- « ------Florida______May 28. Apr. 2 . . _ _ May 7___ May 28- George A. Smathers (D). Georgia______July 26— Sept. 11-- Sept. 25- Herman E. Talmadge (D). Hawaii______Sept. 5__. Oct. 5— - Daniel K. Inouye (D). Idaho______May 72-. Aug. 6 2-- Frank Church (D). Illinois______June 11. Mar. 11- - June 11-- Everett McKinley Dirksen (R ). Indiana______May 7_ Mar. 28 5- May 7 ®- - Birch Bayh (D). Iowa______June 3 0-- Sept. 3__ Bourke B. Hickenlooper (R). Kansas______June 20 -- Aug. 6___ Frank Carlson (R). Kentucky______Apr. 4 - - - May 28- - Thruston B. Morton (R). Louisiana______June 21 -- Aug. 17-- Sept. 28- Russell B. Long (D). Maine______Apr. l - - _ June 17- - Maryland______July 1___ Sept. 10-- Daniel B. Brewster (D). Massachusetts_ Apr. 30. July 3 0 -. Sept. 17.- Michigan______June 18-- Aug. 6___ Minnesota_____ July 1 6 -. Sept. 10-- Mississippi_____ Apr. 5 - - - June 4___ June 25. Missouri______Apr. 30-.. Aug. 6___ Edward V. Long (D). Montana______Apr. 25-- June 4___ Nebraska______May 14. Mar. 15-- May 14-- Nevada______July 1 7 -- Sept. 3__ Alan Bible (D). New Hampshire Mar. 12. July 2 6 -. Sept. 10-- Norris Cotton (R). New Jersey_____ June 4 _. Apr. 2 5 -. June 4 *-- CO PRESIDENTIAL AND CONGRESSIONAL PRIMARIES BY STATE— Continued {General election in all States, Nov. 5, 1968)

Preferential Congressional primary State presidential Senators whose terms expire in 1969 primary Filing deadline Primary date Runoff date *

New Mexico___ July 2----- Aug. 2 7 .. New York_____ May 14 C June 18 C Jacob K. Javits (R). North Carolina - Feb. 2 3 .. May 4 . . . June 1 Sam J. Ervin, Jr. (D). North Dakota-. _ July 25 Sept. 3 s. Milton R. Young (R). Ohio______Feb. 7 . . . May 7 . . . Frank J. Lausche (D). Oklahoma______May 7 .. July 1 0 .. 2 7 ... Sept. 17______A. S. Mike Monroney (D). Oregon______May 28. Mar. 19-- May 2 8 ... Wayne Morse (D). Penns }dvania_._ Apr. 23. F e b .1 3 .. Apr. 2 3 -.- Joseph S. Clark (D). Rhode Island-__ June 29 Sept. 10 8. South Carolina.. Apr. 12.. June 11 .- June 25______Ernest F. Hollings (D). South D akota.. June 4___ Apr. 2 0 .. June 4 __ George S. McGovern (D). Tennessee______June 6__ Aug. 1___ Texas______Feb. 5 . . . May 4___ Juno 1.. Utah______May 10 1" Sept. 10 >0- Wallace F. Bennett (R). Vermont______Aug. 1 .. . Sept. 10. . . George D. Aiken (R). Virginia______Apr. 1 0 .. July 9 ____ Aug. UU Washington___ Aug. 2 . . : Sept. 17.. Warren G. Magnuson (D). West Virginia__ May 14. Feb. 3 . . . May 1 4 .. Wisconsin_____ Apr. 2 .. July 9 Sept. lO ” . Gaylord Nelson (D). Wyoming______July 11... Aug. 20..

‘ Runoffs are required in tliese States when no candidate wins a majority in 1st primary. 1 Now York: Nomination for statewide office is by State party committees. Any candi­ 5 Colorado: Party conventions may designate 1 or more candidates who have priority date receiving at least 25 percent of the State committee vote may require the nomination position on primary ballot; nomination in the primary election. to be settled at a primary election. Party members may also nominate candidates for ® Connecticut, and Idaho: Nominations are made by party conventions. Any un­ primary by petition. successful candidate for a nomination who receives at least 20 percent of the convention * North Dakota: Party conventions endorse only; nomination is in primary. vote may, if he wishes, require the nomination to be settled at a primary election. “ Rhode Island: State committees endorse only; nomination is in primary. * Delaware: Nominations for U.S. Representative are made at party conventions. Utah: State conventions designate names for ballot. If candidate receives more than * Indiana: Governor and Senate candidates will be chosen by party conventions while 80 percent of convention vote, he is nominated. Otherwise, the top 2 runners in convention House candidates are selected in the primary. Democratic state convention Is scheduled balloting are certified for the primary election. for June 21-22; Republican June 17-18. >* Wisconsin: Republicans endorse statewide candidates in convention; nomination « New Jersey: 1st Tuesday in June in presidential year; 2d Tuesday after 1st Monday is in primary. U.S. House candidates are endorsed in district caucuses. in September in other years. FACTUAL CAMPAIGN INFORMATION

STATE PRIMARY ELECTIONS, 1968, BY DATES

(General election in all States, Nov. 6, 1968)

Date of Senators whose terms expire Governors whose terms expire primary state in 1969 in 1969 or earlier or runoff

Apr. 23 Pennsylvania_____ Joseph S. Clark (D )___ May 4 North Carolina___ Sam J. Ervin, Jr. (D )._ Dan K. Moore (D). 4 T ex a s______John B. Connally (D). 7 Alabama______Lister H iU (D )____ . . 7 Florida______George A. Smathers (D). 7 _ _ _ Birch Bayh (D)Indiana Roger D. Branigin (D). 7 Ohio______Frank J. Lausche (D ). . 14 Nebraska______14 West Virginia___ Hulett C. Smith (D). 28* Florida______28 Kentucky. Thruston B. Morton (R)_ 28 Oregon______Wayne Morse (D ).. .. June 1* North Carolina___ 1 * Texas______4* Alabama______4 California______Thomas H. Kuchel (R ). 4 Mississippi______4 Montana______Tim M. Babcock (R). 4 New Jersey____ 4 South Dakota____ GeOTge S. McGovern Nils A. Boe (R). 11 Illin ois______Everett McKinley Otto Kerner (D). Dirksen (R). June 11 South Carolina___ Ernest F. Hollings (D ). 17 Maine. ______18 New York______Jacob K. Javits (R )___ 25* Mississippi______25* South Carolina___ July 9 Virginia______^ .. 30 Arkansas______J. W. Fulbright (D )___ Winthrop Rockefeller (R). Aug. 1 Tennessee______6 Idaho______Frank Church (D )____ 6 Kansas______Frank Carlson (R )____ Robert B. Docking (D). 6 Michigan______6 Missouri______Edward V. Long (D )... Warren E. Hearnes (D). 13* Arkansas______13* Virginia______17 Louisiana____ Russell B. Long (D )__ John J. McKeithen (D). 20 Wyoming ______27 Alaska______Ernest Gruening (D )_. 27 New M ex ico_____ David F. Cargo (R). 27 Oklahoma______A. S. Mike Monroney (D). Sept. 3 Iowa______Bourke B. Hicken- Harold E. Hughes (D ). looper (R). 3 Nevada______Alan Bible (D )______3 North Dakota____ Milton R. Young (R )..' William L. Guy (D). “Runoff date. FACTUAL CAMPAIGN INFORMATION

STATE PRIMARY ELECTIONS, 1968, BY DATES— Continued

Date of Senators whose terms expire Governors whose terms expire primary State in 1969 in 1969 or earlier or runoff

Sept. 10 Arizona. Carl Hayden (D). John R. (Jack) Williams (R). 10 Colorado______Peter H. Dominick (R ). 10 Maryland______Daniel B. Brewster (D). 10 Minnesota_____ 10 New Hampshire. Norris Cotton (R). John W. King (D). 10 Rhode Island__ John H. Chafee (R). 10 Utah______Wallace F. Bennett Calvin L. Rampton (R). (D). 10 Vermont.. George D. Aiken (R ).. Philip H. Hoff (D). 10 Wisconsin. Gaylord Nelson (D )__ Warren P. Knowles (R). Sept. 11 Georgia... Herman E. Talmadge (D). 17 Massachusetts. 17* Oklahoma____ 17 Washington__ Warren G. Magnuson Daniel J. Evans (R). (D). 25* Georgia. _ 28* Louisiana. Oct. 5 H awaii... Daniel K. Inouye (D )..

*Runoff date. FACTUAL CAMPAIGN INFORMATION

NOMINEES FOR U.S. SENATE, 1968

state Democrat Republican

Alabama______Runoff June 4______To be nominated at Party Convention June 28. Alaska______Arizona______Arkansas______California______Colorado______Connecticut____ Florida______Runoff May 28______Edward J. Gurney. Winter Park. Georgia______Hawaii______Idaho______Illinois______Indiana______Iowa______Kansas______Kentucky______Louisiana______Maryland______Nevada______New Hampshire- New York______North Carolina. _ Sam J. Ervin, Jr,’ Runoff June 1. Morganton. North Dakota... Ohio______John J. Gilligan. William B. Saxbe. Cincinnati. Mechanicsbtirg. Oklahoma______Oregon______Pennsylvania___ Joseph S. Clark* Richard S. Schweiker Philadelphia Worcester South Carolina. _ South Dakota__ Utah______Vermont______Washington____ Wisconsin______

•Incumbent FACTUAL CAMPAIGN INFORMATION

VOTES CAST FOR SENATORS IN 1962, 1964, AND 1966

[The figures show the vote for the Democratic and Republican nominees, except as otherwise indicated. Compiled from official statistics]

Vote

Total vote State 1962 1964 1966 cast in 1966

Democrat Republican Democrat Republican Democrat Republican

Alabama___ 201,937 195,134 482,138 313,018 *802,600 Alaska______33,827 24,354 49,289 15,961 65,250 Arizona_____ 199,217 163,388 227,712 241,089 Arkansas___ 214,867 98, 013 (») California... 2,452,839 3,180,483 3,411,912 '3,‘ 6^,'565‘ Colorado------279,586 328,655 266,198 368,307 ’ i '^ ,'8 3 7 Connecticut. 527,522 501,694 " 'r e i 'o o s ' ' ” 426^939 Delaware___ 96,850 103, 782 67,263 97,268 164,631 Florida...... 657,633 329,381 997,585 562,212 306,250 "rai,'oo2 ‘ * '^ i,‘ 330 Hawaii. 136,294 60,067 96,789 110,747 2 126,398 2 131,279 Id a h o ... 112,637 139,819 252,466 141,657 117,129 Illinois.. 1,748,007 1,961,202 1,678,147 2,100,449 * 3,822,724 Indiana. 905,491 894,547 1,128,505 941, 519 Iowa____ 376,602 431,364 "''324,'ii4 '''552'§39‘ "''i'^7‘49i 2 260,756 2 344,689 Kansas. 303,223 350,077 ‘ 671,345 223,630 388,500 Kentucky...... 387,440 432,648 266,079 483,805 749,884 Louisiana...... 318,838 103,066 437,695 437,695 Maine______253,511 127,040 131,136 188,291 ‘ 319,635 Maryland______439, 723 269,131 678,649 402,393 Massachusetts___ 1,162, 611 787,669 1,716,907 587,663 ”' 774,'761' ''i,'2i3,’ 473 ” ‘'2 ’ 076,'826 ■21,031,238 2 1,321,250 ‘ ,2 2,359,228 Michigan...... 1,996,912 1,096,272 1, 070,484 1,363,808 ‘ 2,440,643 Minnesota...... 931,353 605,933 658,840 574,868 ‘ 1,244,426 Mississippi . 343,364 258,248 105,150 ‘ 393,900 Missouri ...... 666‘ 929' 555,330 1,186,666 ’'‘ 696;'377 Montana...... 180,643 99,367 138,166 121,697 259,863 Nebraska...... 217, 605 345, 772 187,950 296,116 ‘ 485,098 Nevada _____ 63.443 33, 749 66,907 66,823 2 117,612 2 107,199 New Hampshire. 123,888 105,241 229,129 90.444 134,035 New Jersey______1,677,515 1,011,280 788,021 1,278,843 ‘ 2,130,688 New Mexico_____ 178,209 147, 562 137,205 120,988 258,193 New York______2,289,323 3,272,417 2 3,823,749 3,104,056 North Carolina.. 491,520 321,635 'soi'iio' '''400,’ 502' ‘ ' ‘ ‘’ 90i,'978 North Dakota___ 88,032 135, 705 149,264 109,681 Ohio ...... 1,843,813 1,151,173 1,923,608 1,906,781 O klahom a...... 353,890 307,966 466,782 445,392 343,157 295, 585 638,742 Oregon ...... 344,716 291, 587 330,374 354,391 1685,067 Pennsylvania____ 2,238,383 2,134, 649 '2|'359,’ 026 '2,'4M,*448' Rhode Island____ 319,607 66,715 219,331 104,838 324,169 ( *223,790 * 212, 032 ‘ 435,822 South Carolina... 178, 712 133,930 I 164,955 271,297 436,252 South Dakota___ 127,458 126,861 76,563 150,517 227,080 2 568,905 2 517,330 Tennessee . } 383,843 483,063 570,542 493,475 Texas _____ 1,463,958 1,134,337 643,855 842,501 ‘ 1,493,179 U tah______151,656 166, 755 227,822 169,562 Vermont______40,134 81,242 76,457 87,879 2 389,028 2 272,804 2 729,839 Virginia______592,270 176,624 429,855 245,681 ‘ 733,879 Washington______491,365 446,204 875,950 337,138 West Virginia____ 515,015 246,072 292,325 198,891 491,216 Wisconsin______662,342 594,846 892,013 780,116 Wyoming______2 50,329 2 69,043 76,485 65,185 '69,141 'm,'®9

<■ Figures not tabulated. * Includes the vote for various other candidates. 2 For unexpired term ending Jan. 3,1967. * Total vote received, as candidate had one or more other party endorsements. * For unexpired term ending Jan. 3, 1969. Source: Congressional Directory, 90th Cong., 2d sess , p. 354. RECAPITULATION OF VOTES CAST FOR U.S SENATORS (TERMS BEGINNING JAN. 3, 1967), ELECTION OF NOV. 8, 1966

State Democrat Repub­ Inde­ Conserv­ Prohi­ Socialist- Others Scattering Write-in Total lican pendent ative bition Labor

Aiabama...... 482,138 313,018 7,444 8 802,608 Alaska...... - ______.. 49,289 15,961 65,250 Arkansas...... (') Colorado...... 266,198 368,307 332 634,837 Delaware...... 67,263 97,268 164,531 Georgia...... 631,002 328 631,330 Idaho______112,637 139,819 252,456 Illinois-...... 1,678,147 2,100,449 470 43,658 3,822,724 Iowa...... 324,114 522,339 2,081 2 8,961 1 857,496 Kansas______303,223 350,077 7,103 9,364 1,578 671,345 Kentucky...... 266,079 483,805 749,884 Louisiana______437,696 437,695 Maine...... 131,136 188,291 108 319,535 Massachusetts...... 774,761 1,213,473 4,833 6,790 92 1,999,949 Michigan______1,070,484 1,363,808 6,166 185 2,440,643 Minnesota...... 686,840 574,868 310,718 1,271,426 Mississippi______268,248 105,150 30,502 393,900 Montana______138,166 121,697 259,863 Nebraska______187,960 296,116 1,032 485,098 New Hampshire______123,888 105,241 108 229,237 New Jersey...... 788,021 1,278,843 53,606 10,218 2,130,688 New Mexico______137,206 120,988 258,193 North Carolina...... 601,440 400,602 36 901,978 Oklahoma______343,157 295,586 638,742 Oregon______330,374 354,391 302 685,067 Rhode Island...... 219,331 104,838 324,169 South Carolina______164,955 271,297 436,252 South Dakota...... 76,563 150,517 227,080 Tennessee...... 383,843 483,063 55 866,961 Texas______643.865 841,501 <6,778 46 1,492,179 Virginia...... 429.865 245,681 58,261 92 733,879 West Virginia______292,325 198,891 491,216 Wyoming...... 69,141 63,548 122,689

Total...... 12,358,323 13,169,332 96,197 60,709 16,278 23,174 26,457 2,555 45,875 25,798,900

> According to Arkansas law it is not required to tabulate votes for unopposed can­ N ote.—B lank and void votes excluded from all totals. didates. > Includes 3,826 votes for American Constitution Party; 3,060 votes for Peace Inde­ Source: Statistics of the Congressional Election of November 8,1966 (corrected to Mar. 31, pendents Party; and 2,086 votes for Iowa Party. 1967), compiled from official sources by Benjamin J. Guthrie under the direction of • Includes 6,487 votes for Socialist Workers Party and 6,231 votes for Industrial Gov­ W. Pat Jennings, Clerk of the House of Representatives. ernment Party. ‘ Constitution Party.

CO ELECTORAL VOTES FOR PRESIDENT AND VICE PRESIDENT, AND POPULAR VOTES FOR PRESIDENTIAL AND VICE- PRESIDENTIAL ELECTORS, ELECTION OF NOV. 3, 1964

Electoral votes Popular votes for electors

Lyndon Barry M . Eepub- Prohibi­ National Socialist Socialist Blank Scat­ State Baines Qoldwater Democrat llcan tion States Liberal Labor Workers and Others tering Total Johnson Rights void

Alabama...... 10 210,732 479,085 689,817 Alaska ...... 44,329 22,930 67,259 Arizona...... 5 237,753 242,535 482 480,770 Arkansas...... 6 314,197 243,264 2,965 560,426 California - ...... 40 4,171,877 2,879,108 305 489 378 > 19 5,410 7,057,586 Colorado...... 6 476,024 296,767 1,356 302 2,537 776,986 Connecticut...... 8 826,269 390,996 1,313 1,218,578 Delaware ...... 3 122,704 78,078 425 113 201,320 District of Columbia. 3 Florida ------14 948,540 905,941 1,854,481 Georgia...... 12 522,557 616,600 1,139,157 Hawaii - ...... — 163,249 44,022 207,271 Idah o...... 4 148,920 143,657 292,477 Illinois ...... 26 2,796,833 1,905,946 »62 4,702,841 Indiana...... 13 1,170,848 911,118 8,266 1,374 2,091,606 Iowa______9 733,030 449,148 1,902 182 159 118 1,224,539 Kansas ______7 464,028 386,579 5,393 1,901 857,901 Kentucky ______9 669,659 372,977 3,469 1,046,105 Louisiana _____ - 10 387,068 509,225 896,293 Maine______4 262,264 118,701 380,965 Maryland______10 730,912 385,495 1,116,407 Massachusetts______14 1,786,422 549,727 3,735 4,755 48,104 159 2,344,798 Michigan______21 2,136,615 1.060,152 669 1,704 3,817 145 3,203,102 Minnesota______10 991,117 559,624 1,177 3 2,544 1,554,462 Mississippi ------52,618 356,528 409,146 Missouri...... i 2 ‘ 1,164,344 653,535 1,817,879 Montana______4 164,246 113,032 499 519 332 278, 628 Nebraska ...... 5 307,307 276,847 584,154 Nevada ______. 3 79,339 56,094 135,433 New Hampshire_____ 4 182, 065 104,029 286,094 New Jersey______17 1,867,671 963.843 7,075 8,181 2,846,770 New Mexico______4 194,017 131,838 543 1,217 327,615 New Y ork______43 4,670,724 2,243, 559 342,432 6,085 3,215 151,571 7,166,015 North Carolina...... 13 800,139 624.844 1,424,983 North Dakota...... 4 . 149,784 108,207 174 224 258,389 Ohio...... 26 2,498,331 1,470,865 3,969,196 Oklahoma ...... 8 619,834 412,665 932,499 Oregon...... 6 601,017 282,779 >2,509 786,305 Pennsylvania— 29 3,130,954 1,673,657 5,092 ‘ 10,456 2,531 4,822,690 Rhode Island-.. 4 315,463 74,616 390,078 South Carolina- 8 215,700 309,048 38 624,756 South D akota.. i 163,010 130,108 293,118 Tennessee...... 11 635,047 608,965 >34 1,144,046 Texas...... 26 1,663,185 958,566 •5,060 2,626,811 U tah...... 4 219,628 180.682 400,310 Vermont...... 3 108,127 54,942 20 163,089 Virginia______12 558,038 481,334 2,985 1,042,267 Washington____ 9 779,699 470,366 7,772 537 1,258,374 West Virginia— 7 538,087 253,953 792,040 Wisconsin...... 12 1,050,424 638,495 1,204 1,692 1,691,815 Wyoming...... 3 80,718 61,998 142,716

Total. 486 52 42,826,463 27,146,969 23,267 6,957 342,432 42,642 22,249 199,675 20,692 9,696 70,097,935

* Universal Party. N ote.—B lank and void vote excluded from all totals. > Write-in. • Industrial Government Party. Source: Statistics of the Presidential and Congressional Election of November S, 1964 • Militant Workers Party. (corrected to Aug. 15,1966), compiled from official sources by Benjamin J. Guthrie under * Constitution Party. direction of Clerk of the House of Representatives. 1 2 FACTUAL CAMPAIGN INFORMATION

POLITICAL DIVISIONS OF THE U.S. SENATE AND HOUSE OF REPRE- SENATATIVES FROM 1855 (34TH CONG.) TO 1967-69 (90TH CONG.) {All figures reflect immediate result of elections)

Senate Hnuse of Represeintatives

Congress N um ­ N um ­ ber of Demo­ Re­ Other Va­ ber of Demo­ Re­ Other Va- Sena­ crats publi­ parties cant Repre­ crats publi­ parties cant tors cans senta­ cans tives

34th...... 1855-1857 62 42 15 5 234 83 108 43 35th...... 1857-1859 64 39 20 5 237 131 92 14 36th...... 1859-1861 66 38 26 2 237 101 113 23 37th...... 1861-1863 50 11 31 7 1 178 42 106 28 2 3 8 th ...... 1863-1865 51 12 39 183 80 103 39 th______.1865-1867 52 10 42 191 46 145 4 0 th ...... 1867-1869 53 11 42 193 49 143 1 41st...... 1869-1871 74 11 61 2 243 73 170 42d...... 1871-1873 74 17 67 243 104 139 43d...... 1873-1875 74 19 54 1 293 88 203 2 44th. . . 1875-1877 76 29 46 1 293 181 107 3 2 4 5 th ...... 1877-1879 76 36 39 1 293 156 137 46th...... 1879-1881 76 43 33 293 150 128 14 1 47th...... 1881-1883 76 37 37 2 293 130 152 11 48th...... 1883-1885 76 36 40 325 200 119 6 49th...... 1885-1887 76 34 41 i 325 182 140 2 1 50th...... 1887-1889 76 37 39 325 170 151 4 51st...... 1889-1891 84 37 47 330 156 173 1 52d...... 1891-1893 88 39 47 2 333 231 88 14 53d...... 1893-1895 88 44 38 3 3 357 220 126 g 54th...... 1895-1897 88 39 44 5 357 104 246 7 55th...... 1897-1899 90 34 46 10 357 134 206 16 1 56th...... 1899-1901 90 26 53 11 357 163 185 9 57th...... 1901-1903 90 29 56 3 2 357 153 198 6 1 58th...... 1903-1905 90 32 58 386 178 207 1 5 9 th ...... 1905-1907 90 32 58 386 136 250 6 0 th ...... 1907-1909 92 29 61 2 386 164 222 51st...... 1909-1911 92 32 69 1 391 172 219 82d...... 1911-1913 92 42 49 1 391 228 162 1 63d...... 1913-1915 96 51 44 1 435 290 127 18 64th...... 1915-1917 96 56 39 1 435 231 193 8 3 65th...... 1917-1919 96 53 42 1 435 1 210 216 9 66th...... 1919-1921 96 47 48 1 435 191 237 7 67th...... 1921-1923 96 37 59 435 132 300 1 2 68th...... 1923-1925 96 43 51 2 435 207 225 3 69th...... 1925-1927 96 40 54 1 1 435 183 247 5 70th...... 1927-1929 96 47 48 1 435 195 237 3 7 1 s t ...... 1929-1931 96 39 56 1 435 163 267 1 4 72d...... 1931-1933 96 47 48 1 435 > 216 218 1 73d...... 1933-1935 96 59 36 1 435 313 117 5 74th...... 1935-1937 96 69 25 2 435 322 103 10 75th...... 1937-1939 96 75 17 4 435 333 89 13 76th...... 1939-1941 96 69 23 4 435 262 169 4 77th...... 1941-1943 96 66 28 2 435 267 162 6 78th...... 1943-1945 96 57 38 1 435 222 209 4 7 9 th ...... 1945-1947 96 57 38 1 435 243 190 2 80th...... 1947-1949 96 45 51 435 188 246 1 81st...... 1949-1951 96 54 42 435 263 171 1 82d...... 1951-1953 96 48 47 1 435 234 199 2 83d...... 1953-1955 96 46 48 2 435 213 221 1 84th...... 1955-1957 96 48 47 1 435 232 203 85th...... 1957-1959 96 49 47 435 234 201 86th...... 1959-1961 98 64 34 >436 283 153 87th...... 1961-1963 100 64 36 >437 262 175 88th...... 1963-1965 100 67 33 435 258 176 1 89th...... 196.5-1967 100 67 33 435 294 140 1 9 0 th ...... 1967-1969 100 66 34 435 248 187

> Democrats organized House with help of other parties. > Democrats organized House, due to Republican deaths. > Proclamation declaring Alaska a State issued Jan. 3,1959. < Proclamation declaring Hawaii a State issued Aug. 21,1959. FACTUAL CAMPAIGN INFORMATION 13

POPULATION OF THE UNITED STATES AND APPORTIONMENT OF MEMBERSHIP IN THE HOUSE OF REPRESENTATIVES, 1950-60

Apportionment State 1960 census 1950 census

1960 1950 Gains Losses

Alabama...... 3,266,740 3,061,743 8 9 1 A laska.-...... 266,167 128,643 1 U Arizona...... 1,302,161 749,587 3 2 1 Arkansas...... 1,786,272 1,909,511 4 6 2 California...... 15,717,204 10,586,223 38 30 8 Colorado______1,753,947 1,325,089 4 4 Connecticut______2,535,234 2,007,280 6 6 Delaware...... 446,292 318,085 1 1 Florida...... 4,951,560 2,771,305 12 8 4 Georgia______3,943,116 3,444,578 10 10 Hawaii...... 632,772 499,794 2 ‘ 1 1 Idaho______667,191 588,637 2 2 Illinois___ - ...... - ...... 10, 081,158 8, 712,176 24 25 1 Inaiana...... 4,662,498 3,934,224 11 11 Iowa______2, 757,537 2,621,073 7 8 1 Kansas______2,178, 611 1,905,299 5 6 1 Kentucky...... 3,038,156 2,944,806 7 8 1 Louisiana______3,257,022 2, 683,516 8 8 M aine...... 969,265 913, 774 2 3 1 Maryland...... 3,100,689 2,343,001 8 7 1 Massachusetts...... 5,148,578 4,690,514 12 14 2 Michigan...... 7,823,194 6,371,766 19 18 1 Minnesota______3,413,864 2,982,483 8 9 1 Mississippi______- 2,178,141 2,178,914 5 6 1 Missouri______. . . ______. - . 4,319,813 3,954,653 10 11 1 Montana______674,767 591,024 2 2 Nebraska______1,411,330 1,325,510 3 4 1 Nevada______. . ______. ____ 285,278 160,083 1 1 New Hampshire..______606,921 533,242 2 2 New Jersey______. - . . - . ______6,066,782 4,835,329 15, 14 1 New Mexico...... 951,023 681,187 2 2 New York______...... 16, 782,304 14,830,192 41 43 2 North Carolina______4,556,155 4,061,929 11 12 1 North Dakota______632,446 619,636 2 2 Ohio______9,706,397 7,946,627 24 23 1 Oklahoma...... -. . . .-. . 2,328,284 2,233,351 6 6 Oregon______1,768,687 1,521,341 4 4 Pennsylvania______11,319,366 10,498,012 27 30 3 Rhode Island______. 859,488 791,896 2 2 South Carolina______. . ______2,382,594 2,117,027 6 6 South Dakota...... ______680,514 652,740 2 2 Tennessee______3,567,089 3,291,718 9 9 T exas... ______9,579,677 7,711,194 23 22 1 Utah______890,627 688,862 2 2 Vermont...... ______389,881 377, 747 1 1 Virginia.______. . ------3,966,949 3,318,680 10 10 Washington------2,853,214 2,378,963 7 7 West Virginia______1,860,421 2,005,552 5 6 1 Wisconsin______3,951, 777 3,434,575 10 10 Wyoming______330,066 290,529 1 1

Total______179,323,175 151,325,798 435 437 19 21

• Includes one member each assigned to Alaska and Hawaii after apportionment. Source: Bureau of the Census.

93-558 0 — 68------2 14 FACTUAL CAMPAIGN INFORMATION

GOVERNORS OF THE STATES AND TERRITORIES

state or territory Capital Governor Poli­ Term of Expiration Salary tics service of term

STATE Years Alabama...... Montgomery_____ Albert P. Brewer *______D. •4 Jan. 1971 ‘ $25,000 Alaska...... Juneau...... Walter J. Hickel______R. «4 Dec. 1970 >27,500 Arizona...... Phoenix______.John R. (Jack) W illia m s.... R. * 2 Jan. 1969 22,500 Arkansas...... Little Rock...... Wlnthrop Rockefeller______R. b 2 Jan. 1969 >10,000 California...... Sacramento______Ronald Reagan...... R. b 4 Jan. 1971 >44,100 Colorado...... D e n v e r ...... John A . Love...... R. »4 Jan. 1971 >20,000 Coimecticut...... Hartford______John N. Dempsey...... D. b4 Jan. 1971 >35,000 Delaware...... Dover...... Charles L. Terry, J r ...... D. «4 Jan. 1969 >25,000 Florida...... Tallahassee ______Claude R. Kirk, Jr...... R. « 4 Jan. 1971 >32,000 Georgia...... Atlanta Lester M ad d ox...... D . •4 Jan. 1971 > 42,500 Hawaii...... Honolulu. - ...... John A . B um s______D. ‘4 Dec. 1970 >33,500 Idaho...... Boise______Don Samuelson...... R. b4 Jan. 1971 > 17,500 Illinois...... Springfield-...... Otto Kem er...... D. b4 Jan. 1969 >30,000 Indiana...... Indianapolis______Roger D . B ranigln...... D . •4 Jan. 1969 > 25,000 Iow a...... Des Moines...... Harold E. Hughes...... D. > 2 Jan. 1969 >30,000 Kansas______Topeka...... Robert B. Docking...... D. b 2 Jan. 1969 >20,000 Kentucky______Frankfort T.nnin B. Niinn R. “ 4 Dec. 1971 > 18,000 Louisiana...... Baton Rouge...... John J. McKeithen...... D . «4 M ay 1968 >20,000 Maine...... Augusta...... Kenneth M . Curtis...... D . «4 Jan. 1971 >20,000 Maryland______-Annapolis...... Spiro T . Agnew...... R. «4 Jan. 1971 >25,000 Massachusetts___ Boston...... John A . V o lp e ...... R. b4 Jan. 1971 35,000 Michigan______Lansing...... George Romney...... R. b4 Jan. 1971 40,000 Minnesota...... St. Paul...... Harold LeVander...... R. M Jan. 1971 >27,500 Mississippi...... Jackson...... John Bell Williams...... D. b4 Jan. 1972 >25,000 Missouri...... Jefferson C ity____ Warren E. Heames...... D. « 4 Jan. 1969 >25,000 Montana...... Helena...... Tim M . Babcock- ______R. "4 Jan. 1969 2 23,250 Nebraska...... Lincoln.. - ...... Norbert T. Tiemann...... R. «4 Jan. 1971 > 18,000 Nevada...... Carson C ity...... Paul Laxalt...... R. »4 Jan. 1971 >25,000 New Hampshire.- Concord ______John W . K in g...... D. b 2 Jan. 1969 >30,000 New Jersey______Trenton...... Richard J. Hughes...... D. «4 Jan. 1970 >35,000 New Mexico_____ Santa Fe...... David F. Caigo...... R. e 2 Jan. 1969 > 17,500 New Y o rk ...... A lbany...... Nelson A. Rockefeller______R. »4 Jan. 1971 >50,000 North Carolina... Raleigh...... Dan K . Moore...... D. a 4 Jan. 1969 >25,000 North Dakota____ B ism arck...... William L. Guy...... D. M Jan. 1969 > 10,000 Ohio...... Columbus...... James A . Rhodes...... R. .4 Jan. 1971 >40,000 Oklahoma...... Oklahoma C ity... Dewey Bartlett...... R. «4 Jan. 1971 >25,000 Oregon...... Salem— ...... Tom McCall...______R. ' 4 Jan. 1971 >25,000 Pennsylvania Harrisburg...... Raymond P. Shafer...... R. •4 Jan. 1971 >45,000 Rhode Island____ Providence...... John H . Chafee...... R. » 2 Jan. 1969 25,000 South Carolina___ Columbia...... Robert E . M cN air...... D. • 4 Jan. 1971 >25,000 South Dakota____ Pierre...... Nils A. Boe.-______R. c 2 Jan. 1969 >18,000 Tennessee-- ...... Nashville...... Buford Ellington...... D. •4 Jan. 1969 > 18,500 Texas...... Austin...... John B. Connally...... D. b 2 Jan. 1969 40,000 U ta h ...... Salt Lake C ity___ Calvin L. Rampton...... D. b4 Jan. 1969 > 18,000 Vermont...... Montpelier...... Philip H . Hoff...... D. b 2 Jan. 1969 >25,000 Virginia. - ...... Richmond...... Mills E. Godwin, Jr...... D. • 4 Jan. 1970 >30,000 Washington...... O ly m p ia.-...... Daniel J. Evans...... R. b4 Jan. 1969 >32,500 West Virginia Charleston...... Hulett C. Smith...... D, “ 4 Jan. 1969 >25,000 Wisconsin...... Madison...... Warren P. Knowles______R. b2 Jan. 1969 >25,000 W yom ing-...... Cheyenne...... Stanley K . Hathaway...... R. b4 Jan. 1971 >20,000

COMMONWEALTH or PUERTO EICO

Puerto Rico______San Juan...... Roberto Sanchez-Vilella...... P.D.* b 4 Jan. 1969 >25,000

TERRITORIES

G u a m » ...... Agana...... Manuel F. L. Guerrero_____ D. (“) >25,890 Virgin Islands • ... Charlotte Amalie. Ralph M . Paiewonsky_____ D. (■<) > 27,055 American Samoa •. Pago Pago...... Owen S. Aspinall...... D. (■') 25,890 Trust Territory Saipan, Marianas. William R . Norw ood ’ ...... D. (“) >25,890 of the Pacific Islands.

• Cannot succeed himself. 0 No limit. « Can serve two consecutive terms. Indefinite term. ‘ Use of executive mansion and fund for maintenance and expenses. 2 Executive mansion furnished. ’ No executive mansion; nominal appropriation for expenses. ♦ Popular Democrat Party. * Governors nominated by the President and confirmed by the Senate. • Appointed by Secretary of Interior. ' Title in the Trust Territory of the Pacific Islands is High Commissioner, s Succeeded Governor Lurleen B. Wallace, who died M ay 7. Source: Congressional Directory, 90th Cong., 2d sess., p. 364. PRESIDENTS AND VICE PRESIDENTS OF THE UNITED STATES AND THE CONGRESSES COINCIDENT WITH THEIR TERMS

Age at Electonil vote * Populiir vote President and political party Bom Died inaugu­ Native Elected Religion Major opponent Service Vice President Congress ration of— from— Winner Loser Winner Loser

George Washington------1732 1799 57 Va Va Episcopalian----- John Adams______69 34 Apr. 30, 1789-Mar. 3, 1793.._ John Adams______1,2 Do (F)______61 John Adams (F)------132 77 Mar. 4, 1793-Mar. 3, 1797 3,4 John Adams (F)______1735 1826 61 Mass... Mass... Unitarian. ___ Jefferson (D -R )------71 68 Mar. 4, 1797-Mar. 3, 1801___ Thomas Jefferson______5,6 Thomas Jefferson (D -R )------1743 1826 57 Va____ Va...... Liberal______Burr (D -R )______73 * 73 Mar. 4, 1801-Mar. 3, 1805.... Aaron Burr______7,8 D o______61 Pinckney (F) ------162 14 Mar. 4, 1805-Mar. 3, 1809___ George Clinton______9,10 James Madison (D -R )------1751 1836 57 Va____ Va____ Episcopalian___ Pinckney (F)------122 47 Mar. 4, 1809-Mar. 3, 1813----- 11,12 D o______61 Clinton (F)------128 89 Mar. 4, 1813-Mar. 3, 1817___ Elbridge G e r r y ...______. . 13, 14 James Monroe (D -R )------1758 1831 58 Va____ Va____ Episcopalian____ King (F )------183 34 Mar. 4, 1817-Mar. 3, 1821___ Daniel D. Tompkins______15, 16 D o______62 J. Q. Adams (N -R )------231 1 ______Mar. 4, 1821-Mar. 3, 1825---- 17, 18 John Q. Adams (N -R )------1767 1848 57 Mass... Mass... U n itarian .____ Jackson (D-R)------84 ® 99 108, 740 153, 544 Mar. 4, 1825-Mar. 3, 1829___ John C. Calhoun______19, 20 Andrew Jackson (D)__------1767 1845 61 N .C --_ Tenn... Presbyterian____ J. Q. Adams (N -R )______178 83 647, 286 508, 064 Mar. 4, 1829-Mar. 3, 1833 21, 22 D o______65 Clay (N -R )______219 49 687, 502 530,189 Mar. 4, 1833-Mar. 3, 1837___ Martin Van Buren______23, 24 Martin Van Buren (D )------1782 1862 54 N.Y___N.Y... Ref. Dutch_____ W. H. Harrison (W )------170 73 762, 678 735, 651 Mar. 4, 1837-Mar. 3, 1841___ Richard M. Johnson______25, 26 W. H. Harrison (W )------— 1773 1841 68 Va____ Ohio__ Episcopalian____ Van Buren (D )------234 60 1, 275, 016 1, 129,102 Mar. 4, 1841-Apr. 4, 1841____ John Tyler . .. ______27 John Tyler (D) ______1790 1862 51 __ do___ Va______do______- (®)------Apr. 6, 1841-Mar. 3, 1845 27, 28 James K. Polk (D )------1795 1849 49 Tenn.. Tenn... Presbyterian___ Clay (W )______170 165 1, 337, 243 1, 299, 062 Mar. 4, 1845-Mar. 3, 1849___ George M. Dallas ______29, 30 Zachary Taylor (W )------1784 1850 64 V a ____ La____ Episcopalian___ Cass (D )______163 127 1, 360, 099 1, 220, 544 Mar. 5, 1849-July 9, 1850____ Millard Fillmore. ______31 Millard Fillmore (W) _ ------1800 1874 50 N.Y...N.Y...... d o ______(®)------July 10, 1850-Mar. 3, 1853 . 31, 32 Franklin Pierce (D )------1804 1869 48 N.H... N.H... _____do______Scott (W )______254 ' 42 1, 601, 274 1,386,580 Mar. 4, 1853-Mar. 3, 1857-._- William R. K i n g ______33, 34 James Buchanan (D )------1791 1868 65 Pa____ Pa____ Presbyterian____ Fremont (R )------174 114 1, 838, 169 1, 341,264 Mar. 4, 1857-Mar. 3, 1861___ John C. Breckenridge______35, 36 Abraham Lincoln (R )------1809 1865 52 K y _ ... 111_____ Liberal______Breckenridge (D )------180 72 1, 866, 452 847, 953 Mar. 4, 1861-Mar. 3, 1865___ Hannibal Hamlin______37, 38 Do______56 McClellan (D)______212 21 2, 213, 665 1, 805, 237 Mar. 4, 1865-Apr. 15, 1865..- Andrew Johnson______39 Andrew Johnson (R )...... 1808 1875 56 N .C ... Tenn. . Liberal______(«)------Apr. 1865-Mar. 3, 1869 .. 39, 40 Ulysses S. Grant (R )------1822 1885 46 Ohio__ Ill_____ Methodist______Seymour (D) _ — ------214 80 3, 012, 833 2, 703, 249 Mar. 4, 1869-Mar. 3, 1873___ Schuyler Colfax______41,42 D o______50 Greeley (D -L R )______286 (') 3, 597, 132 2, 834,125 Mar. 4, 1873-Mar. 3, 1877----- Henry Wilson______43, 44 Rutherford B. Hayes (R )------1822 1893 54 Ohio__ Ohio__ Methodist______Tilden (D )______185 8 184 4, 036, 298 4, 300, 590 Mar. 4, 1877-Mar. 3, 1881.— William A. Wheeler______45, 46 James A. Garfield (R )------1831 1881 49 __ do___ __ d o ... Disc.of Christ.. Hancock (D)______214 155 4, 454, 416 4, 444, 952 Mar. 4, 1881-Sept. 19, 1881.. Chester A. Arthur______47 Chester A. Arthur (R )------1830 1886 50 Vt N .Y ... Episcopalian___ (»)------Sept. 20, 1881-Mar. 3, 1885 47,48 Grover Cleveland (D )------1837 1908 47 N.J.... N.Y... Presbyterian___ Blaine (R )______219 182 4, 874, 986 4, 851, 981 Mar. 4, 1885-Mar. 3, 1889___ Thomas A. H e n d rick s ...____ 49, 50 Benjamin Harrison (R )------1833 1901 55 Ohio__ Ind______do______Cleveland (D )______233 168 5, 439, 853 5, 540,309 Mar. 4, 1889-Mar. 3, 1893___ Levi P. Morton______51,52 Grover Cleveland (D )------1837 1908 55 N.J___ N.Y.... ____ do______Benjamin Harrison (R) _ _ 277 145 5, 556, 918 5, 176, 108 Mar. 4, 1893-Mar. 3, 1897.... Adlai E. Stevenson______53, 54 William McKinley (R )------1843 1901 54 Ohio... Ohio... Methodist______Bryan (D )______271 176 7, 104, 779 6, 502, 925 Mar. 4, 1897-Mar. 3, 1901___ Garrett A. Hobart______55, 56 D o______58 292 155 7, 207, 923 6, 358,133 Mar. 4, 1901-Sept. 14, 1901.... Theodore Roosevelt______57 Theodore Roosevelt (R)------1858 1919 42 N.Y... N.Y... Ref. Dutch_____ n ______Sept. 14, 1901-Mar. 3, 1905 57, 58 D o______46 Parker (D )______336 140 7, 623, 486 5, 077,911 Mar. 4, 1905-Mar. 3, 1909— . Charles W. Fairbanks______59, 60 William H. Taft (R )______1857 1930 51 O h io... O h io... Unitarian______Bryan (D )______321 162 7, 678, 908 6, 409,104 Mar. 4, 1909-Mar. 3, 1 9 1 3 - . James S. Sherman______61,62 Woodrow Wilson (D )------1856 1924 56 Va N.J.... Presbyterian___ T. Roosevelt (R )______435 88 6, 293, 454 3, 484, 980 Mar. 4, 1913-Mar. 3, 1 9 1 7 - . Thomas R. Marshall______63, 64 D o______60 Hughes (R )______. 277 254 9, 129, 606 8, 538, 221 Mar. 4, 1917-Mar. 3, 1921 65, 66 Warren G. Harding (R )------1865 1923 55 Ohio__ O h io... Presbyterian___ Cox (D )______404 127 16, 152, 200 9, 147, 353 Mar. 4, 1921-Aug. 2, 1923.... Calvin Coolidge______67 Calvin Coolidge (R )------1872 1933 51 Vt M ass... Congregational.. (»)------Aug. 3, 1923-Mar. 3, 1925 68 D o______52 Davis (D )______382 136 15, 725, 016 8, 386, 503 Mar, 4, 1925-Mar. 3, 1929-... Charles G. D a w e s .______69, 70 Herbert Hoover (R )______1874 1964 54 lo w a ... Calif__ Quaker______Smith (D) - ______444 87 21, 391, 381 15, 016, 443 Mar. 4, 1929-Mar. 3, 1933.... Charles Curtis.. ______71, 72 Franklin D. Roosevelt (D )------1882 1945 51 N.Y__.N.Y... Episcopalian___ Hoover (R )______472 59 22, 821, 857 15, 761, 841 Mar. 4, 1933-Jan. 20, 1 9 3 7 ... John N. Gamer...... 73, 74 D o______55 Landon (R )______523 8 27, 751, 597 16, 679, 583 Jan. 20, 1937-Jan. 20, 1941 75, 76 D o______59 Wilkie (R )._ ------449 82 27, 244, 160 22, 305,198 Jan. 20, 1941-Jan. 20, 1945.... Henry A. Wallace______77, 78 D o______63 Dewey (R )______432 99 25, 602, 504 22, 006, 285 Jan. 20, 1945-Apr. 12, 1945... Harry S Truman______79 Harry S Truman (D )------1884 60 M o____ M o____ Baptist______(12)------Apr. 12, 1945-Jan. 20, 1949 79, 80 D o______64 Dewey (R) ______303 189 24, 105, 695 21, 969,170 Jan. 20, 1949-Jan. 20. 1953... Alben W. Barkley______81, 82 Dwight D. Eisenhower (R )----- 1890 62 Texas... N .Y ... Presbyterian----- Stevenson ( D ) ...... 442 89 33, 778, 963 27, 314, 992 Jan. 20, 1953-Jan. 20, 1957... Richard M. Nixon______83, 84 D o ______66 ______Pa _____do______457 73 35, 581, 003 25, 738, 765 Jan. 20, 1957-Jan. 20, 1961 . _____do______85, 86 John F. Kennedy (D )------1917 1963 43 M ass.... M ass..., Roman Catholic. Nixon (R )______303 219 34, 227, 096 34, 107, 646 Jan. 20, 1961-Nov. 22, 1963.. Lyndon B. Johnson------87, 88 Lyndon B. Johnson (D )------1908 ____ 55 Texas... Texas.- Christian------(1®)------Nov. 22, 1963-Jan. 20, 1965 88 D o______56 Goldwater (R)______486 52 42, 825, 463 27, 146, 969 Jan. 20, 1965______Hubert H. Humphrey______89, 90

‘ Electoral votes for other candidates disregarded. * The electoral votes of 4 States were disputed. Congress referred the matter to the Electoral Com­ 2 There being no choice for President by the people, the election devolved upon the House of mission which gave the decision to Hayes. Representatives, and Feb. 17, 1801, Thomas Jefferson was chosen by the votes of 10 States, to 4 * Garfield was assassinated in 1881; succeeded by Arthur. for A a ron Burr, and 2 blank. 10 McKinley was assassinated in 1901; succeeded by Theodore Roosevelt. 3 N o choice for President having been made by the people, the election devolved upon the House of 11 Harding died in 1923; succeeded by Coolidge. Representatives and John Quincy Adams was elected, receiving the votes of 13 States to 7 for Andrew 12 F . D . Roosevelt died in 1945; succeeded by Truman. Jackson and 4 for William H . Crawford. 13 Kennedy was assassinated N ov. 22,1963; succeeded by Lyndon B. Johnson. * Harrison died in 1841; succeeded by Tyler. ‘ Taylor died in 1850; succeeded by Fillmore. Key to abbreviations: (D) Democrat; (D-P) Democrat-Popular; (D-R) Democrat-Republican; • Lincoln was assassinated in 1865; succeeded by Johnson. D -L R ) Democrat-Liberal Republican; (F) Federalist; (N -R ) National Republician; (R) Republi­ I B y resolution of the House, 3 votes cast for Horace Greeley were not counted. can; (W) Whig. FACTUAL CAMPAIGN INFORMATION

GENERAL ELECTION DATE, NOVEMBER 5, 1968 The election of Senators, Representatives, and Delegates to Con­ gress is held the Tuesday next after the first Monday in November, in every even-numbered year (act of February 2, 1872, 17 Stat. 28, as amended by act of June 5, 1934, c. 390, 48 Stat. 879; 2 U.S.C. §§ 1, 7).

FEDERAL CONSTITUTIONAL PROVISIONS GOVERNING THE ELECTION OF SENATORS The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. (Amendment XVII.) When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies; Provided, That the legislature of any State may empower the executive thereof to make temporary appoint- ments until the people fill the vacancies by election as the legislature may direct. (Ibid.) No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. (Art. 1, § 3, cl. 3.) The times, places, and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the legis­ lature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. (Art. 1, § 4, cl. 1.) Each House shall be the judge of the elections, returns and quali­ fications of its own members, and a majority of each shall constitute a quorum to do business; * * * . (Art. 1, § 5, cl. 1.) No person shall be a Senator or Representative in Congress, * * ♦ who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legis- lature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrec- tion or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability. (Amendment X IV , § 3.) The terms of Senators shall begin at noon on the third day of January in the year following their election. (Amendment X X , § 1.) The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President 15 16 FACTUAL CAMPAIGN INFORMATION or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. (Amendment X X IV , § 1.) No Senator or 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. (Art. 1, § 6, cl. 2.) * * * No Senator or Representative, * * * shall be appointed an Elector. (Art. 2, § 1, cl. 2.)

MAJOR STATUTORY PROVISIONS GOVERNING FEDERAL ELECTIONS

UNITED STATES CODE, 1964 ed. and 1965-66 supplement

TITLE 2—THE CONGRESS

C h a p t e r 1— E l e c t io n op S e n a t o r s a n d R epresentatives

SEC. 1. TIME FOR ELECTION OF SENATORS. At the regular election held in any State next preceding the expira­ tion of the term for which any Senator was elected to represent such State in Congress, at which election a Representative to Congress is regularly by law to be chosen, a United States Senator from said State shall be elected by the people thereof for the term commencing on the 3d day of January next thereafter. (June 4, 1914, ch. 103 §1, 38 Stat. 384; June 5, 1934, ch. 390, §3, 48 Stat. 879.) SEC. la. ELECTION TO BE CERTIFIED BY GOVERNOR. It shall be the duty of the executive of the State from which any Senator has been chosen to certify his election, under the seal of the State, to the President of the Senate of the United States. (R.S. §18.) See p. 89, infra, for suggested form.) SEC. lb. SAME; COUNTERSIGNATURE BY SECRETARY OF STATE. The certificate mentioned in section 1a of this title shall be counter­ signed by the secretary of state of the State. (R.S. §19.)

C h a p t e r 2— O rganization op C o n g r e s s

SEC. 21. OATH OF SENATORS. The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat. (R.S. §28.) SEC. 22. OATH OF PRESIDENT OF SENATE. When a President of the Senate has not taken the oath of office, it shall be administered to him by any Member of the Senate. (R.S. §29.) FACTUAL CAMPAIGN INFORMATION J 7

TITLE 2, U.S.C.—Continued SEC. 23. PRESIDING OFFICER OF SENATE MAY ADMIN­ ISTER OATHS. The presiding officer, for the time being, of the Senate of the United States, shall have power to administer all oaths and affirmations that are or may be required by the Constitution, or by law, to be taken by any Senator, officer of the Senate, witness, or other person, in respect to any matter within the jurisdiction of the Senate. (Apr. 18, 1876, ch. 66, § 1, 19 Stat. 34.) SEC. 24. SECRETARY OF THE SENATE OR CHIEF CLERK MAY ADMINISTER OATHS. The Secretary of the Senate, and the Chief Clerk thereof, shall, respectively, have power to administer any oath or affirmation re­ quired by law, or by the rules or orders of the Senate, to be taken by any officer of the Senate, and to any witness produced before it. (Apr. 18, 1876, ch. 66, § 2, 19 Stat. 34.)

C h a p t e r 3— C ompensation o f M e m b e r s

SEC. 31. COMPENSATION OF MEMBERS OF CONGRESS. The compensation of Senators, Representatives in Congress, and the Resident Commissioner from Puerto Rico shall be at the rate of $30,000 per annum each; and the compensation of the Speaker of the House of Representatives shall be at the rate of $43,000 per annum. The compensation of the Majority Leader and the Minority Leader of the Senate and the Majority Leader and Minority Leader of the House of Representatives shall be at the rate of $35,000 per annum each. (Aug. 2, 1946, ch. 753, title VI, § 601(a), 60 Stat. 850; Jan. 19, 1949, ch. 2, § ltd), 63 Stat. 4; Mar. 2, 1955, ch. 9. § 4(aj, 69 Stat. 11; Aug. 14, 1964, P.L. 88-426, title II § 204, 78 Stat. 415, Oct. 29, 1965, P.L. 89-301, § 11(e) 79 Stat. 1120.) SEC. 36. SALARIES OF SENATORS. Salaries of Senators appointed to fill vacancies in the Senate shall commence on the day of their appointment and continue until their successors are elected and qualified: Provided, That when Senators have been elected during a sine die adjournment of the Senate to succeed appointees, the salaries of Senators so elected shall commence on the day following their election. Salaries of Senators elected during a session to succeed appointees shall commence on the day they qualify: Provided, That when Senators have been elected during a session to succeed appointees, but have not qualified, the salaries of Senators so elected shall commence on the day following the sine die adjournment of the Senate. When no appointments have been made the salaries of Senators elected to fill such vacancies shall commence on the day following their election. (Feb. 10, 1923, ch. 68, 42 Stat. 1225; Feb. 6, 1931, ch. Ill, 46 Stat. 1065; June 19, 1934, ch. 648, title I, § 1, 48 Stat. 1022; Feb. 13, 1935, ch. 6, § 1, 49 Stat. 22, 23.) 18 FACTUAL CAMPAIGN INFORMATION

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES (Public Law 89-554, 80 Stat. 378, Sept. 6, 1966)

C h a p t e r 3 3 — E x a m i n a t i o n , S e l e c t i o n , a n d P l a c e m e n t

SUBCHAPTER II— OATH OF OFFICE

SEC. 3331. OATH OF OFFICE. An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: ‘I , AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and alle­ giance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law. SEC. 3332. OFFICER AFFIDAVIT; NO CONSIDERATION PAID FOR APPOINTMENT. An officer, within 30 days after the effective date of his appoint­ ment, shall file with the oath of office required by section 3331 of this title an affidavit that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing the appoint­ ment. SEC. 3333. EMPLOYEE AFFIDAVIT; LOYALTY AND STRIKING AGAINST THE GOVERNMENT. (a) Except as provided by subsection (b) of this section, an indi­ vidual who accepts office or employment in the Government of the United States or in the government of the District of Columbia shall execute an affidavit within 60 days after accepting the office or em­ ployment that his acceptance and holding of the office or employment does not or will not violate section 7311 of this title. The affidavit is prima facie evidence that the acceptance and holding of office or employment by the affiant does not or will not violate section 7311 of this title. (b) An affidavit is not required from an individual employed by the Government of the United States or the government of the District of Columbia for less than 60 days for sudden emergency work involv- ing the loss of human life or the destruction of property. This sub­ section does not relieve an individual from liability for violation of section 7311 of this title.

C h a p t e r 7 3 — S u i t a b i l it y , S e c u r i t y , a n d C o n d u c t

SUBCHAPTER I—REGULATION OF CONDUCT Sec. 7301. Presidential regulations. SUBCHAPTER II—LOYALTY, SECURITY, AND STRIKING 7311. Loyalty and striking. 7312. Employment and clearance; individuals removed for national security. FACTUAL CAMPAIGN INFORMATION

TITLE 5, U.S.C.—Continued SUBCHAPTER III—POLITICAL ACTIVITIES 7321. Political contributions and services. 7322. Political use of authority or influence; prohibition. 7323. Political contributions; prohibition. 7324. Influencing elections; taking part in political campaigns; prohibitions; exceptions. 7325. Penalties. 7326. Nonpartisan political activity permitted. 7327. Political activity permitted; employees residing in certain municipalities.

SUBCHAPTER I— REGULATION OP CONDUCT

SEC. 7301. PRESIDENTIAL REGULATIONS. The President may prescribe regulations for the conduct of em­ ployees in the executive branch.

SUBCHAPTER II— ^LOYALTY, SECURITY, AND STRIKING

SEC. 7311. LOYALTY AND STRIKING. An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he— (1) advocates the overthrow of our constitutional form of government; (2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government; (3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or (4) is a member of an organization of employees of the Gov- ernment of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia. SEC. 7312. EMPLOYMENT AND CLEARANCE; INDIVIDUALS REMOVED FOR NATIONAL SECURITY. Removal under section 7532 of this title does not affect the right of an individual so removed to seek or accept employment in an agency of the United States other than the agency from which removed. How- ever, the appointment of an individual so removed may be made only after the head of the agency concerned has consulted with the Civil Service Commission. The Commission, on written request of the head of the agency or the individual so removed, may determine whether the individual is eligible for employment in an agency other than the agency from which removed.

SUBCHAPTER III— POLITICAL ACTIVITIES

SEC. 7321. POLITICAL CONTRIBUTIONS AND SERVICES. The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that an employee in an Executive agency or in the competitive service is not obliged, by 20 FACTUAL CAMPAIGN INFORMATION

TITLE 5, U.S.C.—Continued reason of that employment, to contribute to a political fund or to render political service, and that he may not be removed or otherwise prejudiced for refusal to do so. SEC. 7322. POLITICAL USE OF AUTHORITY OR INFLUENCE; PROHIBITION. The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that an employee in an Executive agency or in the competitive service may not use his official authority or influence to coerce the political action of a person or body. SEC. 7323. POLITICAL CONTRIBUTIONS; PROHIBITION. An employee in an Executive agency (except one appointed by the President, by and with the advice and consent of the Senate) may not request or receive from, or give to, an employee, a Member of Con­ gress, or an officer of a uniformed service a thing of value for political purposes. An employee who violates this section shall be removed from the service. SEC. 7324. INFLUENCING ELECTIONS; TAKING PART IN POLITICAL CAMPAIGNS; PROHIBITIONS; EX­ CEPTIONS. (a) An employee in an Executive agency or an individual employed by the government of the District of Columbia may not— (1) use his official authority or influence for the purpose of interfering with or affecting the result of an election; or (2) take an active part in political management or in political campaigns. For the purpose of this subsection, the phrase “ an active part in polit­ ical management or in political campaigns’ ’ means those acts of polit­ ical management or political campaigning which were prohibited on the part of employees in the competitive service before July 19, 1940, by determinations of the Civil Service Commission under the rules prescribed by the President. (b) An employee or individual to whom subsection (a) of this section applies retains the right to vote as he chooses and to express his opinion on political subjects and candidates. (c) Subsection (a) of this section does not apply to an individual employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by the District of Columbia or by a recognized religious, philanthropic, or cultural organization. (d) Subsection (a) (2) of this section does not apply to— (1) an employee paid from the appropriation for the office of the President; (2) the head or the assistant head of an Executive department or military department; (3) an employee appointed by the President, by and with the advice and consent of the Senate, who determines policies to be pursued by the United States in its relations with foreign powers or in the nationwide administration of Federal laws; (4) the Commissioners of the District of Columbia; o r1 (5) the Recorder of Deeds of the District of Columbia.2

‘ Exemption annulled by adoption of Reorganization Plan No. 3 of 1967. 2 Recorder of Deeds of the District of Columbia is included by decision within the prohibition of the Hatch Act. FACTUAL CAMPAIGN INFORMATION 2 1

TITLE 5, U.S.C.— Continued SEC. 7325. PENALTIES. An employee or individual who violates section 7324 of this title shall be removed from his position, and funds appropriated for the position from which removed thereafter may not be used to pay the employee or individual. However, if the Civil Service Commission finds by unani- mous vote that the violation does not warrant removal, a penalty of not less than 30 days’ suspension without pay shall be imposed by direction of the Commission. SEC. 7326. NONPARTISAN POLITICAL ACTIVITY PERMITTED. Section 7324(a)(2) of this title does not prohibit political activity in connection with— (1) an election and the preceding campaign if none of the candidates is to be nominated or elected at that election as repre- senting a party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected; or (2) a question which is not specifically identified with a National or State political party or political party of a territory or possession of the United States. For the purpose of this section, questions relating to constitutional amendments, referendums, approval of municipal ordinances, and others of a similar character, are deemed not specifically identified with a National or State political party or political party of a territory or possession of the United States. SEC. 7327. POLITICAL ACTIVITY PERMITTED; EMPLOYEES RESIDING IN CERTAIN MUNICIPALITIES. (a) Section 7324(a)(2) of this title does not apply to an employee of The Alaska Railroad who resides in a municipality on the line of the railroad in respect to political activities involving that municipality. (b) The Civil Service Commission may prescribe regulations per- mitting employees and individuals to whom section 7324 of this title applies to take an active part in political management and political campaigns involving the municipality or other political subdivision in which they reside, to the extent the Commission considers it to be in their domestic interest, when— (1) the municipality or political subdivision is in Maryland of Virginia and in the immediate vicinity of the District of Columbia, or is a municipality in which the majority of voters are employed by the Government of the United States; and (2) the Commission determines that because of special or un- usual circumstances which exist in the municipality or political subdivision it is in the domestic interest of the employees and individuals to permit that political participation.

TITLE 18-CRIMES AND CRIMINAL PROCEDURE

C h a p t e r 11— B r i b e r y , G r a f t , a n d C o n f l ic t s of I n t e r e s t

SEC. 210. OFFER TO PROCURE APPOINTIVE PUBLIC OFFICE. Whoever pays or offers or promises any money or thing of value, to any person, firm, or corporation in consideration of the use or promise 22 FACTUAL CAMPAIGN INFORMATION

T IT L E 18, U.S.C.—Continued to use any influence to procure any appointive office or place under the United States for any person, shall be fined not more than $1,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, § 210, formerly § 214, 62 Stat. 694, renumbered Oct. 23, 1962, P.L. 87-849, § 1(b), 76 Stat. 1125.) SEC. 211. ACCEPTANCE OR SOLICITATION TO OBTAIN AP- POINTIVE PUBLIC OFFICE. Whoever solicits or receives, either as a political contribution, or for personal emolument, any money or thing of value, in consideration of the promise of support or use of influence in obtaining for any person any appointive office or place under the United States, shall be fined not more than $1,000 or imprisoned not more than one year, or both. Whoever solicits or receives anything of value in consideration of aiding a person to obtain employment under the United States either by referring his name to an executive department or agency of the United States or by requiring the payment of a fee because such person has secured such employment shall be fined not more than $1,000, or imprisoned not more than one year, or both. This section shall not apply to such services rendered by an employment agency pursuant to the written request of an executive department or agency of the United States. (June 25, 1948, ch. 645, § 211, formerly § 215, 62 Stat. 694, amended Sept. 13, 1951, ch. 380, 65 Stat. 620; renumbered Oct. 23, 1962, P.L. 87-849, § 1(b), 76 Stat. 1125.)

C h a p t e r 29— E l e c t io n s a n d P o l it ic a l A c t iv it ie s

SEC. 591. DEFINITIONS. When used in sections 597, 599, 602, 609, and 610 of this title— The term “ election’' includes a general or special election, but does not include a primary election or convention of a political

term “ candidate” means an individual whose name is presented for election as Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, whether or not such individual is elected; The term “ political committee” includes any committee, as- sociation, or organization which accepts contributions or makes expenditures for the purpose of influencing or attempting to influence the election of candidates 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 com- mittee, association, or organization; The term “ contribution” includes a gift, subscription, loan, advance, or deposit, of money, or anything of value, and includes a contract, promise, or agreement to make a contribution, whether or not legally enforceable; 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 to make an expenditure, whether or not legally enforceable; FACTUAL CAMPAIGN INFORMATION 23

TITLE 18, U.S.C.—Continued The term “ person” or the term “ whoever” includes an indi- vidual, partnership, committee, association, corporation, and any other organization or group of persons; The term “ State” includes Territory and possession of the United States. (June 25, 1948, ch. 645, 62 Stat. 719; May 24, 1949, ch. 139, § 9, 63 Stat. 90.) SEC. 592. TROOPS AT POLLS. Whoever, being an officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, orders, brings, keeps, or has under his authority or control any troops or armed men at -any place where a general or special election is held, unless such force be necessary to repel armed enemies of the United States, shall be fined not more than $5,000 or imprisoned not more than five years, or both; and be disqualified from holding any office of honor, profit, or trust under the United States. This section shall not prevent any officer or member of the armed forces of the United States from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified accord- ing to the laws of the State in which he offers to vote. (June 25, 1948, ch. 645, 62 Stat. 719.) SEC. 593. INTERFERENCE BY ARMED FORCES. Whoever, being an officer or member of the Armed Forces of the United States, prescribes or fixes or attempts to prescribe or fix, whether by proclamation, order or otherwise, the qualifications of voters at any election in any State; or Whoever, being such officer or member, prevents or attempts to prevent by force, threat, intimidation, advice, or otherwise any qualified voter of any State from fully exercising the right of suffrage at any general or special election; or Whoever, being such officer or member, orders or compels or attempts to compel any election officer in any State to receive a vote from a person not legally qualified to vote; or Whoever, being such officer or member, imposes or attempts to impose any regulations for conducting any general or special election in a State, different from those prescribed by law; or Whoever, being such officer or member, interferes in any manner with an election officer’s discharge of his duties— Shall be fined not more than $5,000 or imprisoned not more than five years, or both; and disqualified from holding any office of honor, profit, or trust under the United States. This section shall not prevent any officer or member of the Armed Forces from exercising the right of suffrage in any district to which he may belong, if otherwise qualified according to the laws of the State of such district. (June 25, 1948, ch. 645, 62 Stat. 719.) SEC. 594. INTIMIDATION OF VOTERS 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 24 FACTUAL CAMPAIGN INFORMATION

TITLE 18, U.S.C.—Continued elector, Member of the Senate, or Member of the House of Repre­ sentatives, Delegates or Commissioners from the Territories and Possessions, at any election held solely or in part for the purpose of electing such candidate, shall be fined not more than $1,000 or im­ prisoned not more than one year, or both. (June 25, 1948, c. 645, 62 Stat. 720.) SEC. 595. INTERFERENCE BY ADMINISTRATIVE EMPLOYEES OF FEDERAL, STATE, OR TERRITORIAL GOVERN­ MENTS Whoever, being a person employed in any administrative position by the United States, or by any department or agency thereof, or by the District of Columbia or any agency or instrumentality thereof, or by any State, Territory, or Possession of the United States, or any political subdivision, municipality, or agency thereof, or agency of such political subdivision or municipality (including any corporation owned or controlled by any State, Territory, or Possession of the United States or by any such political subdivision, municipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants made by the United States, or any depart­ ment or agency thereof, uses his official authority for the purpose of interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice President, Presidential elector. Member of the Senate, Member of the House of Representa­ tives or Delegate or Resident Commissioner from any Territory or Possession, shall be fined not more than $1,000 or imprisoned not more than one year, or both. This section shall not prohibit or make unlawful any act by any officer or employee of any educational or research institution, estab­ lishment, agency, or system which is supported in whole or in part by any State or political subdivision thereof, or by the District of Columbia or by any Territory or Possession of the United States; or by any recognized religious, philanthropic, or cultural organization. (June 25, 1948, c. 645, 62 Stat. 720.) SEC. 596. POLLING ARMED FORCES. Whoever, within or without the Armed Forces of the United States, polls any member of such forces, either within or without the United States, either before or after he executes any ballot under any Federal or State law, with reference to his choice oi or his vote for any candi­ date, or states, publishes, or releases any result of any purported poll taken from or among the members of the Armed Forces of the United States or including within it the statement of choice for such candi­ date or of such votes cast by any member of the Armed Forces of the United States, shall be fined not more than $1,000 or imprisoned for not more than one year, or both. The word “ poll'’ means any request for information, verbal or written, which by its language or form of expression requires or im­ plies the necessity of an answer, where the request is made with the intent of compiling the result of the answers obtained, either for the personal use of the person making the request, or for the purpose of reporting the same to any other person, persons, political party, unin- FACTUAL CAMPAIGN INFORMATION 25

TITLE 18, U.S.C.—Continued corporated association or corporation, or for the purpose of publishing the same orally, by radio, or in written or printed form. (June 25 1948, ch. 645, 62 Stat. 720.) SEC. 597. EXPENDITURES TO INFLUENCE VOTING. Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate; and Whoever solicits, accepts, or receives any such expenditure in con­ sideration of his vote or the withholding of his vote— Shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if the violation was willful, shall be fined not more than $10,000 or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, 62 Stat. 721.) SEC. 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 Com­ missioner, or an officer or employee of the United States or any depart­ ment or agency thereof, or a person receiving any salary or compensa­ tion for services from money derived from the Treasury of the United States, directly or indirectly solicits, receives, or is in any manner con­ cerned in soliciting or receiving, any assessment, subscription, or con­ tribution 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. (June 25, 1948, ch. 645, 62 Stat. 722.) SEC. 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. (June 25, 1948, ch. 645, 62 Stat. 722; Oct. 31, 1951, ch. 655, § 20(b), 65 Stat. 718.) SEC. 606. INTIMIDATION TO SECURE POLITICAL CONTRI­ BUTIONS. 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 compensa­ tion 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. (June 25, 1948, ch. 645, 62 Stat. 722.) SEC. 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 26 TACTUAL CAMPAIGN INFORMATION

TITLE 18, U.S.C.—Continued 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. (June 25, 1948, ch. 645, 62 Stat. 722.) SEC. 610. CONTRIBUTIONS OR EXPENDITURES BY NA­ TIONAL BANKS, CORPORATIONS, OR LABOR ORGANIZATIONS. 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 a n y political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization to make a contribu­ tion or expenditure in connection with any election at which Presi­ dential and Vice Presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to 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, or for any candidate, political committee, or other person to accept or receive any contribution prohibited by this section. Every corporation or labor organization which makes any contribu­ tion or expenditure in violation of this section shall be fined not more than $5,000; and every officer or director of any corporation, or officer of any labor organization, who consents to any contribution or expenditure by the corporation or labor organization, as the case may be, and any person who accepts or receives any contribution, in violation of this section shall be fined not more than $1,000 or impris­ oned not more than one year, or both; and if the violation was willful, shall be fined not more than $10,000 or imprisoned not more than two years, or both. For the purposes of this section, “labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exist 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. (June 25, 1948, ch. 645, 62 Stat. 723; May 24, 1949, ch. 139, § 10, 63 Stat. 90; Oct. 31, 1951, ch. 655, § 20(c), 65 Stat. 718.) SEC. 611. CONTRIBUTIONS BY FIRMS OR INDIVIDUALS CONTRACTING WITH THE UNITED STATES. Whoever, entering into any contract with the United States or any department or agency thereof, either for the rendition of personal services 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 any department or agency thereof, if payment for the performance of such contract or payment for such material, supplies, equipment, land, or building is to be made in whole or in part from funds appropriated by the Congress, during the period of negotiation for, or performance under such contract or furnishing of material, supplies, equipment, land, or buildings, directly FACTUAL CAMPAIGN INFORMATION 27

TITLE 18, U.S.C.—Continued or indirectly makes any contribution of money or any other thing of value, or promises expressly or impliedly to make any such contribu­ tion, to any political party, committee, or candidate for public office or to any person for any political purpose or use; or Whoever knowingly solicits any such contribution from any such person or firm, for any such purpose during any such period— Shall be fined not more than $5,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 724). SEC. 612. PUBLICATION OR DISTRIBUTION OF POLITICAL STATEMENTS. Whoever, willfully publishes or distributes or causes to be published or distributed, or for the purpose of publishing or distributing the same, knowingly deposits for mailing or delivery or causes to be de­ posited for mailing or delivery, or, except in cases of employees of the Post Office Department in the official discharge of their duties, know­ ingly transports or causes to be transported in interstate commerce any card, pamphlet, circular, poster, dodger, advertisement, 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, com­ mittees, or corporations responsible for the publication or distribution of the same, and the names of the officers of each such association, committee, or corporation, shall be fined not more than $1,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 724; Aug. 25, 1950, ch. 784, § 2, 64 Stat. 475.) SEC. 613. CONTRIBUTIONS BY AGENTS OF FOREIGN PRIN­ CIPALS. Whoever, being an agent of a foreign principal, directly or through any other person, either for or on behalf of such foreign principal or otherwise in his capacity as agent of such foreign principal, knowingly makes any contribution of money or other thing of value, or promises expressly or impliedly to make any such contribution, in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office; or Whoever knowingly solicits, accepts, or receives any such contribu­ tion from any such agent of a foreign principal or from such foreign principal— Shall be fined not more than $5,000 or imprisoned not more than five years or both. As used in this section— (1) The term “ foreign principal" has the same meaning as when used in the Foreign Agents Registration Act of 1938, as amended, except that such term does not include any person who is a citizen of the United States. (2) The term “ agent of a foreign principal" means any person who acts as an agent, representative, employee, or servant, or any person 28 FACTUAL CAMPAIGN INFORMATION

TITLE 18, U.S.C.—Continued who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal or of a person any substantial portion of whose activities are directly or indirectly supervised, directed, or controlled by a foreign principal. (Added Pub. L. 89-486, § 8(a), July 4, 1966, 80 Stat. 248.)

C h a p t e r 93— P u b l ic O f f ic e r s a n d E m p l o y e e s

SEC. 1918. DISLOYALTY AND ASSERTING THE RIGHT TO STRIKE AGAINST THE GOVERNMENT Whoever violates the provision of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he— (1) advocates the overthrow of our constitutional form of government; (2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government; (3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or (4) is a member of an organization of employees of the Govern­ ment of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia; shall be fined no more than $1,000 or imprisoned not more than one year and a day, or both. (Added Pub. L. 89-554, § 3(d), Sept. 6, 1966, 80 Stat. 609.)

TITLE 42—THE PUBLIC HEALTH AND WELFARE

C h a p t e r 2 0 — E l e c t i v e F r a n c h i s e SEC. 1971. VOTING RIGHTS. (a) Race, color, or previous condition not to affect right to vote; uniform standards for voting qualification; errors or omissions from papers; literacy tests; agreements between Attorney General and State or local authorities; definitions. (1) All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regula­ tion of any State or Territory, or by or under its authority, to the contrary notwithstanding. (2) No person acting under color or law shall— (A) in determining whether any individual is qualified under State law or laws to vote in any election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote; FACTUAL CAMPAIGN INFORMATION 29

TITLE 42, U.S.C.—Continued (B) deny the right of any individual to vote in any election be­ cause of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or (C) employ any literacy test as a qualification for voting in any election unless (i) such test is administered to each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to sections 1974- 1974e of this title: Provided, however, That the Attorney General may enter into agreements with appropriate State or local authorities that preparation, conduct, and maintenance of such tests in accordance with the provisions of applicable State or local law, including such special provisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are blind or otherwise physically handicapped, meet the purposes of this subparagraph and constitute compliance therewith. (3) For purposes of this subsection—• (A) the term “ vote” shall have the same meaning as in sub­ section (e) of this section; (B) the phrase “literacy test” includes any test of the ability to read, write, understand, or interpret any matter. (b) Intimidation, threats, or coercion. No person, whether acting under color of law or otherwise, shall intimidate, threaten, coerce, or attempt 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, Member of the Senate, or Member of the House of Representatives, Delegates or Commissioners from the Territories or possessions, at any general, special, or primary election held solely or in part for the purpose of selecting or electing any such candidate. (c) Preventive relief; injunction; rebuttable literacy presumption; liability of United States for costs; State as party defendant. Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice which would deprive any other person of any right or privilege secured by subsection (a) or (b) of this section, the Attorney General may institute for the United States, or in the name of the United States, a civil action of other proper proceeding for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order. If in any such proceeding literacy is a relevant fact there shall be a rebuttable presumption that any person who has not been adjudged an incompetent and who has completed the sixth grade in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or

9 3 -5 5 8 O— 68------3 30 FACTUAL CAMPAIGN INFORMATION

TITLE 42, U.S.C.—Continued the Commonwealth of Puerto Rico where instruction is carried on predominantly in the English language, possesses sufficient literacy, comprehension, and intelligence to vote in any election. In any proceeding hereunder the United States shall be liable for costs the same as a private person. Whenever, in a proceeding instituted under this subsection any official of a State or subdivision thereof is alleged to have committed any act or practice constituting a deprivation of any right or privilege secured by subsection (a) of this section, the act or practice shall also be deemed that of the State and the State may be joined as a party defendant and, if, prior to the institution of such proceeding, such official has resigned or has been relieved of his office and no successor has assumed such office, the proceeding may be instituted against the State. (d) Jurisdiction; exhaustion of other remedies. The district courts of the United States shall have jurisdiction of proceedings, instituted pursuant to this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided by law. (e) Order qualifying person to vote; application; hearing; voting referees; transmittal of report and order; certificate of quali­ fication; definitions. In any proceeding instituted pursuant to subsection (c) of this section in the event the court finds that any person has been deprived on account of race or color of any right or privilege secured by sub­ section (a) of this section, the court shall upon request of the Attorney General and after each party has been given notice and the opportunity to be heard make a finding whether such deprivation was or is pur­ suant to a pattern or practice. If the court finds such pattern or practice, any person of such race or color resident within the affected area shall, for one year and thereafter until the court subsequently finds that such pattern or practice has ceased, be entitled, upon his application therefor, to an order declaring him qualified to vote, upon proof that at any election or elections (1) he is qualified under State law to vote, and (2) he has since such finding by the court been (a) deprived of or denied under color of law the opportunity to register to vote or otherwise to qualify to vote, or (b) found not qualified to vote by any person acting under color of law. Such order shall be effective as to any election held within the longest period for which such applicant could have been registered or other­ wise qualified under State law at which the applicant’s qualifications would under State law entitle him to vote. Notwithstanding any inconsistent provision of State law or the action of any State officer or court, an applicant so declared qualified to vote shall be permitted to vote in any such election. The Attorney General shall cause to be transmitted certified copies of such order to the appropriate election officers. The refusal by any such officer with notice of such order to permit any person so declared qualified to vote at an appropriate election shall constitute contempt of court. An application for an order pursuant to this subsection shall be heard within ten days, and the execution of any order disposing of FACTUAL CAMPAIGN INFORMATION 31

TITLE 42, U.S.C.—Continued such application shall not be stayed if the effect of such stay would be to delay the effectiveness of the order beyond the date of any election at which the applicant would otherwise be enabled to vote. The court may appoint one or more persons who are qualified voters in the judicial district, to be known as voting referees, who shall subscribe to the oath of office required by section 16 of Title 5, to serve for such period as the court shall determine, to receive such ap­ plications and to take evidence and report to the court findings as to whether or not at any election or elections (1) any such applicant is qualified under State law to vote, and (2) he has since the finding by the court heretofore specified been (a) deprived of or denied under color of law the opportunity to register to vote or otherwise to qualify to vote, or (b) found not qualified to vote by any person acting under color of law. In a proceeding before a voting referee, the applicant shall be heard ex parte at such times and places as the court shall direct. His statement under oath shall be prima facie evidence as to his age, residence, and his prior efforts to register or otherwise qualify to vote. Where proof of literacy or an understanding of other subjects is required by valid provisions of State law, the answer of the applicant, if written, shall be included in such report to the court; if oral, it shall be taken down stenographically and a transcription included in such report to the court. Upon receipt of such report, the court shall cause the Attorney General to transmit a copy thereof to the State attorney general and to each party to such proceeding together with an order to show cause within ten days, or such shorter time as the court may fix, why an order of the court should not be entered in accordance with such report. Upon the expiration of such period, such order shall be entered unless prior to that time there has been filed with the court and served upon all parties a statement of exceptions to such report. Exceptions as to matters of fact shall be considered only if supported by a duly verified copy of a public record or by affidavit of persons having personal knowledge of such facts or by statements or matters contained in such report; those relating to matters of law shall be supported by an appropriate memorandum of law. The issues of fact and law raised by such exceptions shall be determined by the court or, if the due and speedy administration of justice requires, they may be referred to the voting referee to determine in accordance with procedures prescribed by the court. A hearing as to an issue of fact shall be held only in the event that the proof in support of the exception discloses the existence of a genuine issue of material fact. The applicant’s literacy and understanding of other subjects shall be determined solely on the basis of answers included in the report of the voting referee. The court, or at its direction the voting referee, shall issue to each applicant so declared qualified a certificate identifying the holder thereof as a person so qualified. Any voting referee appointed by the court pursuant to this subsec­ tion shall to the extent not inconsistent herewith have all the powers conferred upon a master by rule 53(c) of the Federal Rules of Civil Procedure. The compensation to be allowed to any persons appointed by the court pursuant to this subsection shall be fixed by the court and shall be payable by the United States. 32 FACTUAL CAMPAIGN INFORMATION

TITLE 42, U.S.C.— Continued Applications pursuant to this subsection shall be determined expeditiously. In the case of any application filed twenty or more days prior to an election which is undetermined by the time of such election, the court shall issue an order authorizing the applicant to vote provisionally: Provided, however, That such applicant shall be qualified to vote under State law. In the case of an application filed within twenty days prior to an election, the court, in its discretion, may make such an order. In either case the order shall make appro­ priate provision for the impounding of the applicant’s ballot pending determination of the application. The court may take any other action, and may authorize such referee or such other person as it may designate to take any other action, appropriate or necessary to carry out the provisions of this subsection and to enforce its decrees. This subsection shall in no way be construed as a limitation upon the existing powers of the court. When used in the subsection, the word “ vote” includes all action necessary to make a vote effective including, but not limited to, registration or other action required by State law prerequisite to voting, casting a ballot, and having such ballot counted and included in the appropriate totals of votes cast with respect to candidates for public office and propositions for which votes are received in an elec­ tion; the words “ affected area” shall mean any subdivision of the State in which the laws of the State relating to voting are or have been to any extent administered by a person found in the proceeding to have violated subsection ( a) of this section; and the words “ qualified under State law” shall mean qualified according to the laws, customs, or usages of the State, and shall not, in any event, imply qualifications more stringent than those used by the persons found in the proceeding to have violated subsection (a) in qualifying persons other than those of the race or color against which the pattern or practice of discrimina­ tion was found to exist. (f) Contempt; assignment of counsel; witnesses. Any person cited for an alleged contempt under this Act shall be allowed to make his full defense by counsel learned in the law; and the court before which he is cited or tried, or some judge thereof, shall immediately, upon his request, assign to him such counsel, not exceeding two, as he may desire, who shall have free access to him at all reasonable hours. He shall be allowed, in his defense to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial or hearing, as is usually granted to compel witnesses to appear on behalf of the prosecution. If such person shall be found by the court to be financially unable to provide for such counsel, it shall be the duty of the court to provide such counsel. (g) Three-judge district court; hearing, determination, expedition of action, review by Supreme Court; single-judge district court: hearing, determination, expedition of action. In any proceeding instituted by the United States in any district court of the United States under this section in which the Attorney General requests a finding of a pattern or practice of discrimination pursuant to subsection (e) of this section the Attorney General, at the time he files the complaint, or any defendant in the proceeding, within FACTUAL CAMPAIGN INFORMATION 33

TITLE 42, U.S.C.— Continued twenty days after service upon him of the complaint, may file with the clerk of such court a request that a court of three judges be con­ vened to hear and determine the entire case. A copy of the request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court. In any proceeding brought under subsection (c) of this section to enforce subsection (b) of this section, or in the event neither the Attorney General nor any defendant files a request for a three-judge court in any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or, in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case. It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited. (As amended Aug. 6, 1965, Pub. L. 89-110, § 15, 79 Stat. 445.)

SUB CHAPTER I-A — ENFORCEMENT OF VOTING RIGHTS

SEC. 1973. DENIAL OR ABRIDGEMENT OF RIGHT TO VOTE ON ACCOUNT OF RACE OR COLOR, THROUGH VOTING QUALIFICATIONS OR PREREQUISITES. No voting qualifications or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote on account of race or color. (Pub. L. 89-110, § 2, Aug. 6, 1965, 79 Stat. 437.)

Sh o r t T it l e Section 1 of Pub. L. 89-110 provided that Pub. L. 89-110, comprising this subchapter and amending section 1971 of this title, shall be known as the “ Voting Rights Act of 1965.” N ote.— In South Carolina v. Katzenbach (383 U.S. 301) the Supreme Court dismissed a bill of complaint filed by the State of South Carolina seeking a declara­ tion that selected provisions of the Voting Rights Act of 1965 violated the Federal Constitution, and asking for an injunction against enforcement of these provisions by the Attorney General. 34 FACTUAL CAMPAIGN INFORMATION

TITLE 42, U.S.C.— Continued SEC. 1973a. PROCEEDING TO ENFORCE THE RIGHT TO VOTE. (a) Authorization by court for appointment of federal examiners. Whenever the Attorney General institutes a proceeding under any statute to enforce the guarantees of the fifteenth amendment in any State or political subdivision the court shall authorize the appointment of Federal examiners by the United States Civil Service Commission in accordance with section 1973d of this title to serve for such period of time and for such political subdivisions as the court shall determine is appropriate to enforce the guarantees of the fifteenth amendment (1) as part of any interlocutory order if the court determines that the appointment of such examiners is necessary to enforce such guarantees or (2) as part of any final judgment if the court finds that violations of the fifteenth amendment justifying equitable relief have occurred in such State or subdivision: Provided, That the court need not author­ ize the appointment of examiners if any incidents of denial or abridge­ ment of the right to vote on account of race or color (1) have been few in number and have been promptly and effectively corrected by State or local action, (2) the continuing effect of such incidents has been eliminated, and (3) there is no reasonable probability of their recur­ rence in the future. (b) Suspension of use of tests and devices which deny or abridge the right to vote. If in a proceeding instituted by the Attorney General under any statute to enforce the guarantees of the fifteenth amendment in any State or political subdivision the court finds that a test or device has been used for the purpose or with the effect of denying or abridging the right of any citizen of the United States to vote on account of race or color, it shall suspend the use of tests and devices in such State or political subdivisions as the court shall determine is appropriate and for such period as it deems necessary. (c) Retention of jurisdiction to prevent commencement of new devices to deny or abridge the right to vote. If in any proceeding instituted by the Attorney General under any statute to enforce the guarantees of the fifteenth amendment in any State or political subdivision the court finds that violations of the fifteenth amendment justifying equitable relief have occurred within the territory of such State or political subdivision, the court, in addi­ tion to such relief as it may grant, shall retain jurisdiction for such period as it may deem appropriate and during such period no voting qualification or prerequisite to voting, or standard, practice, or pro­ cedure with respect to voting different from that in force or effect at the time the proceeding was commenced shall be enforced unless and until the court finds that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color: Provided, That such qualification, prerequisite, standard, practice, or procedure may be enforced if the qualification, prereq­ uisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate official of such State or sub­ division to the Attorney General and the Attorney General has not interposed an objection within sixty days after such submission. FACTUAL CAMPAIGN INFORMATION 35

TITLE 42, U.S.C.— Continued except that neither the court's finding nor the Attorney General's failure to object shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. (Pub. L. 89-110, § 3, Aug. 6, 1965, 79 Stat. 437.) SEC. 1973b. SUSPENSION OF THE USE OF TESTS OR DE­ VICES IN DETERMINING ELIGIBILITY TO VOTE. (a) Action by state or political subdivision for declaratory judgment of no denial or abridgement; three-judge district court; appeal to Supreme Court; retention of jurisdiction by three-judge court. To assure that the right of citizens of the United States to vote is not denied or abridged on account of race or color, no citizen shall be denied the right to vote in any Federal, State, or local election because of his failure to comply with any test or device in any State with respect to which the determinations have been made under subsection (b) of this section or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia in an action for a declaratory judgment brought by such State or subdivision against the United States has determined that no such test or device has been used during the five years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color: Provided, That no such declaratory judgment shall issue with respect to any plaintiff for a period of five years after the entry of a final judgment of any court of the United States, other than the denial of a declaratory judgment under this section, whether entered prior to or after the enactment of this sub­ chapter, determining that denials or abridgements of the right to vote on account of race or color through the use of such tests or devices have occurred anywhere in the territory of such plaintiff. An action pursuant to this subsection shall be heard and deter­ mined by a court of three judges in accordance with the provisions of section 2284 of Title 28 and any appeal shall lie to the Supreme Court. The court shall retain jurisdiction of any action pursuant to this sub­ section for five years after judgment and shall reopen the action upon motion of the Attorney General alleging that a test or device has been used for the purpose or with the effect of denying or abridging the right to vote on account of race or color. If the Attorney General determines that he has no reason to believe that any such test or device has been used during the five years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color, he shall consent to the entry of such judgment. (b) Required factual determinations necessary to allow suspension of compliance with tests and devices; publication in Federal Register. The provisions of subsection (a) of this section shall apply in any State or in any political subdivision of a state which (1) the Attorney General determines maintained on November 1, 1964, any test or 36 FACTUAL CAMPAIGN INFORMATION

TITLE 42, U.S.C.— Continued device, and with respect to which (2) the Director of the Census determines that less than 50 per centum of the persons of voting age residing therein were registered on November 1, 1964, or that less than 50 per centum of such persons voted in the presidential election of November 1964. A determination or certification of the Attorney General or of the Director of the Census under this section or under section 1943d or 1943k of this title shall not be reviewable in any court and shall be effective upon publication in the Federal Register. (c) Definition of test or device. The phrase “ test or device” shall mean any requirement that a person as a prerequisite for voting or registration for voting (1) demon­ strate the ability to read, write, understand, or interpret any matter, (2) demonstrate any educational achievement or his knowledge of any particular subject, (3) possess good moral character, or (4) prove his qualifications by the voucher of registered voters or members of any other class. (d) Required frequency, continuation and probable recurrence of incidents of denial or abridgement to constitute forbidden use of tests or devices. For purposes of this section no State or political subdivision shall be determined to have engaged in the use of tests or devices for the pur­ pose or with the effect of denying or abridging the right to vote on account of race or color if (1) incidents of such use have been few in number and have been promptly and effectively corrected by State or local action, (2) the continuing effect of such incidents has been elimi­ nated, and (3) there is no reasonable probability of their recurrence in the future. (e) Completion of requisite grade level of education in American-flag schools in which the predominant classroom language was other than English. (1) Congress hereby declares that to secure the rights under the fourteenth amendment of persons educated in American-flag schools in which the predominant classroom language was other than English, it is necessary to prohibit the States from conditioning the right to vote of such persons on ability to read, write, understand, or interpret any matter in the English language. (2) No person who demonstrates that he has successfully completed the sixth primary grade in a public school in, or a private school ac­ credited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico in which the predominant classroom language was other than English, shall be denied the right to vote in any Federal, State, or local election because of his inability to read, write, understand, or interpret any matter in the English language, except that in States in which State law provides that a different level of education is presumptive of literacy, he shall demonstrate that he has successfully completed an equivalent level of education in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico in which the predominant classroom language was other than English. (Pub. L. 89-110, §4, Aug. 6, 1965, 79 Stat. 438.) FACTUAL CAMPAIGN INFORMATION 37 TITLE 42, U.S.C.—Continued

R e f e r e n c e s i n T e x t

The enactment of this subchapter, referred to in subsec. (a), means the enact­ ment of Pub. L. 89-110, which was approved on Aug. 6, 1965. SEC. 1973c. ALTERATION OF VOTING QUALIFICATIONS AND PROCEDURES; ACTION BY STATE OR POLITI­ CAL SUBDIVISION FOR DECLARATORY JUDG­ MENT OF NO DENIAL OR ABRIDGEMENT OF VOTING RIGHTS; THREE-JUDGE DISTRICT COURT; APPEAL TO SUPREME COURT. Whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b (a) of this title are in effect shall enact or seek to administer any voting qualification or pre­ requisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1964, such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color, and unless and until the court enters such judgment no person shall be denied the right to vote for failure to comply with such qualification, prerequisite, standard, practice, or procedure: Provided, That such qualification, prerequisite, standard, practice, or procedure may be enforced without such proceeding if the qualification, prerequisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within sixty days after such submission, except that neither the Attorney General’s failure to object nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. Any action under this section shall be heard and deter­ mined by a court of three judges in accordance with the provisions of section 2284 of Title 28 and any appeal shall lie to the Supreme Court. (Pub. L. 89-110, § 5, Aug. 6, 1965, 79 Stat. 439.) SEC. 1973d. FEDERAL VOTING EXAMINERS; APPOINTMENT. Whenever (a) a court has authorized the appointment of examiners pursuant to the provisions of section 1973a(a) of this title, or (b) unless a declaratory judgment has been rendered under section 1973b(a) of this title, the Attorney General certifies with respect to any political subdivision named in, or included within the scope of, determinations made under section 1973b(b) of this title that (1) he has received complaints in writing from twenty or more residents of such political subdivision alleging that they have been denied the right to vote under color of law on account of race or color, and that he believes such complaints to be meritorious, or (2) that in his judgment (considering, among other factors, whether the ratio of nonwhite persons to white persons registered to vote within such subdivision appears to him to be reasonably attributable to violations of the fifteenth amendment or whether substantial evidence exists that bona 38 FACTUAL CAMPAIGN INFORMATION

TITLE 42, U.S.C.—Continued fide efforts are being made within such subdivision to comply with the fifteenth amendment), the appointment of examiners is otherwise necessary to enforce the guarantees of the fifteenth amendment, the Civil Service Commission shall appoint as many examiners for such subdivision as it may deem appropriate to prepare and maintain lists of persons eligible to vote in Federal, State, and local elections. Such examiners, hearing officers provided for in section 1973g(a) of this title and other persons deemed necessary by the Commission to carry out the provisions and purposes of this subchapter shall be ap­ pointed, compensated, and separated without regard to the provisions of any statute administered by the Civil Service Commission, and service under this subchapter shall not be considered employment for the purposes of any statue administered by the Civil Service Com­ mission, except the provisions of section 118i of Title 5, prohibiting partisan political activity: Provided, That the Commission is author­ ized, after consulting the head of the appropriate department or agen­ cy, to designate suitable persons in the official service of the United States, with their consent, to serve in these positions. Examiners and hearing officers shall have the power to administer oaths. (Pub. L. 89-110, § 6, Aug. 6, 1965, 79 Stat. 439.)

SEC. 1973e. EXAMINATION OF APPLICANTS FOR REGISTRA- TION. (a) Form of application; requisite allegation of non-registration. The examiners for each political subdivision shall, at such places as the Civil Service Commission shall by regulation designate, examine applicants concerning their qualifications for voting. An application to an examiner shall be in such form as the Commission may require and shall contain allegations that the applicant is not otherwise registered to vote. (b) Placement of eligible voters on official lists; transmittal of lists. Any person whom the examiner finds, in accordance with instruc­ tions received under section 1973g(b) of this title, to have the quali­ fications prescribed by State law not inconsistent with the Constitu­ tion and laws of the United States shall promptly be placed on a fist of eligible voters. A challenge to such listing may be made in accordance with section 1973g(a) of this title and shall not be the basis for a prosecution under section 1973j of this title. The examiner shall certify and transmit such list, and any supplements as appropriate, at least once a month, to the offices of the appropriate election officials, with copies to the Attorney General and the attorney general of the State, and any such lists and supplements thereto transmitted during the month shall be available for public inspection on the last business day of the month and in any event not later than the forty-fifth day prior to any election. The appropriate State or local election official shall place such names on the official voting list. Any person whose name appears on the examiner’s list shall be entitled and allowed to vote in the election district of his residence unless and until the appropriate election officials shall have been notified that such person has been removed from such list in accordance with subsection (d) of this section; Provided, That no person shall be entitled to vote in TACTUAL CAMPAIGN INFORMATION 39

TITLE 42, U.S.C.—Continued any election by virtue of this sub chapter unless his name shall have been certified and transmitted on such a fist to the offices of the appropriate election officials at least forty-five days prior to such election. (c) Certificate of eligibility. The examiner shall issue to each person whose name appears on such a list a certificate evidencing his eligibility to vote. (d) Removal of names from list by examiners. A person whose name appears on such a list shall be removed therefrom by an examiner if (1) such person has been successfully challenged in accordance with the procedure prescribed in section 1973g of this title, or (2) he has been determined by an examiner to have lost his eligibility to vote under State law not inconsistent with the Constitution and laws of the United States. (Pub. L. 89-110, § 7, Aug. 6, 1965, 79 Stat. 440.) SEC. 1973f. OBSERVERS AT ELECTIONS; ASSIGNMENT; DU­ TIES; REPORTS. Whenever an examiner is serving under this subchapter in any political subdivision, the Civil Service Commission may assign, at the request of the Attorney General, one or more persons, who may be officers of the United States, (1) to enter and attend at any place for holding an election in such subdivision for the purpose of observing whether persons who are entitled to vote are being permitted to vote, and (2) to enter and attend at any place for tabulating the votes cast at any election held in such subdivision for the purpose of ob­ serving whether votes cast by persons entitled to vote are being properly tabulated. Such persons so assigned shall report to an examiner ap­ pointed for such political subdivision, to the Attorney General, and if the appointment of examiners has been authorized pursuant to section 1973a(a) of this title, to the court. (Pub. L. 89-110, § 8, Aug. 6, 1965, 79 Stat. 441.) SEC. 1973g. Challenges to eligibility listings. (a) Filing of challenge; supplementary affidavits; service upon person challenged; hearing; review. Any challenge to a listing on an eligibility fist prepared by an exam- iner shall be heard and determined by a hearing officer appointed by and responsible to the Civil Service Commission and under such rules as the Commission shall by regulation prescribe. Such challenge shall be entertained only if filed at such office within the State as the Civil Service Commission shall by regulation designate, and within tep days after the listing of the challenged person is made available for public inspection, and if supported by (1) the affidavits of at least two persons having personal knowledge of the facts constituting grounds for the challenge, and (2) a certification that a copy of the challenge and affidavits have been served by mail or in person upon the person challenged at his place of residence set out in the application. Such challenge shall be determined within fifteen days after it has been filed. A petition for review of the decision of the hearing officer may be filed in the United States court of appeals for the circuit in which the 40 FACTUAL CAMPAIGN INFORMATION

TITLE 42, U.S.C.— Continued person challenged resides within fifteen days after service of such decision by mail on the person petitioning for review but no decision of a hearing officer shall be reversed unless clearly erroneous. Any person listed shall be entitled and allowed to vote pending final de­ termination by the hearing officer and by the court. (b) Rules and regulations by Civil Service Commission. The times, places, procedures, and form for application and listing pursuant to this subchapter and removals from the eligibility lists shall be prescribed by regulations promulgated by the Civil Service Commission and the Commission shall, after consultation with the Attorney General, instruct examiners concerning applicable State law not inconsistent with the Constitution and laws of the United States with respect to (1) the qualifications required for listing, and (2) loss of eligibility to vote. (c) Subpena power of Civil Service Commission: contempt. Upon the request of the applicant or the challenger or on its own motion the Civil Service Commission shall have the power to require by subpena the attendance and testimony of witnesses and the pro­ duction of documentary evidence relating to any matter pending before it under the authority of this section. In case of contumacy or refusal to obey a subpena, any district court of the United States or the United States court of any territory or possession, or the District Court of the United States for the District of Columbia, within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process, upon application by the Attorney General of the United States shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a hearing officer, there to produce pertinent, relevant, and nonprivileged documentary evidence if so ordered, or there to give testimony touching the matter under investigation; and any failure to obey such order of the court may be punished by said court as a contempt thereof. (Pub. L. 89-110, § 9, Aug. 6, 1965, 79 Stat. 441.) SEC. 1973h. POLL TAXES. (a) Congressional finding and declaration of policy against enforced payment of poll taxes as a device to impair voting rights. The Congress finds that the requirement of the payment of a poll tax as a precondition to voting (i) precludes persons of limited means from voting or imposes unreasonable financial hardship upon such persons as a precondition to their exercise of the franchise, (ii) does not bear a reasonable relationship to any legitimate State interest in the conduct of elections, and (iii) in some areas has the purpose or effect of denying persons the right to vote because of race or color. Upon the basis of these findings. C onfess declares that the constitu­ tional right of citizens to vote is denied or abridged in some areas by the requirement of the payment of a poll tax as a precondition to voting. FACTUAL CAMPAIGN INFORMATION 41

TITLE 42, U.S.C.— Continued (b) Authority of Attorney General to institute actions for relief against enforcement of poll tax requirement. In the exercise of the powers of Congress under section 5 of the fourteenth amendment and section 2 of the fifteenth amendment, the Attorney General is authorized and directed to institute forthwith in the name of the United States such actions, including actions against States or political subdivisions, for declaratory judgment or injunctive relief against the enforcement of any requirement of the payment of a poll tax as a precondition to voting, or substitute therefor enacted after November 1, 1964, as will be necessary to implement the declara­ tion of subsection (a) of this section and the purposes of this section. (c) Jurisdiction of three-judge district courts; appeal to Supreme Court. The district courts of the United States shall have jurisdiction of such actions which shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of Title 28 and any appeal shall lie to the Supreme Court. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. (d) Post-payment of poll taxes in the event of a judicial declaration of constitutionality. During the pendency of such actions, and thereafter if the courts, notwithstanding this action by the Congress, should declare the requirement of the payment of a poll tax to be constitutional, no citizen of the United States who is a resident of a State or political subdivision with respect to which determinations have been made under section 1973b(b) of this title and a declaratory judgment has not been entered under section 1973b(b) of this title, during the first year he becomes otherwise entitled to vote by reason of registration by State or local officials or listing by an examiner, shall be denied the right to vote for failure to pay a poll tax if he tenders payment of such tax for the current year to an examiner or to the appropriate State or local official at least forty-five days prior to election, whether or not such tender would be timely or adequate under State law. An examiner shall have authority to accept such payment from any person authorized by this subchapter to make an application for list­ ing, and shall issue a receipt for such payment. The examiner shall transmit promptly any such poll tax payment to the office of the State or local official authorized to receive such payment under State law, together with the name and address of the applicant. (Pub. L. 89-110, §10, Aug. 6, 1965, 79 Stat. 442.) SEC. 1973i. PROHIBITED ACTS. (a) Failure or refusal to permit casting or tabulation of vote. No person acting under color of law shall fail or refuse to permit any person to vote who is entitled to vote under any provision of this subchapter or is otherwise qualified to vote, or willfully fail or refuse to tabulate, count, and report such person’s vote. 42 FACTUAL CAMPAIGN INFORMATION

TITLE 42, U.S.C.— Continued (b) Intimidation, threats, or coercion. No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for voting or attempting to vote, or intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for urging or aiding any person to vote or attempt to vote, or intimidate, threaten, or coerce any person for exercising any powers or duties under section 1973a(a), 1973d, 1973f, 1973g, 1973k or 1973j(e) of this title. (c) False information in registering or voting; penalties. Whoever knowingly or willfully gives false information as to his name, address, or period, or period of residence in the voting district for the purpose of establishing his eligibility to register or vote, or conspires with another individual for the purpose of encouraging his false registration to vote or illegal voting, or pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both: Provided, however. That this provision shall be applicable only to general, special, or primary elections held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector. Member of the United States Senate, Member of the United States House of Repre­ sentatives, or Delegates or Commissioners from the territories or possessions, or Resident Commissioner of the Commonwealth of Puerto Rico. (d) Falsification or concealment of material facts or giving of false statements in matters within jurisdiction of examiners or hearing officers; penalties. Whoever, in any matter within the jurisdiction of an examiner or hearing officer knowingly and willfully falsifies or conceals a material fact, or makes any false, fictitious, or fraudulent statements or repre­ sentations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more that five years, or both. (Pub. L. 89-110, § 11, Aug. 6, 1965, 79 Stat. 443.) SEC. 1973j. SAME; CIVIL AND CRIMINAL SANCTIONS. (a) Depriving or attempting to deprive persons of secured rights. Whoever shall deprive or attempt to deprive any person of any right secured by section 1973, 1973a, 1973b, 1973c, 1973e, or 1973h of this title or shall violate section 1973i (a) or (b) of this title, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (b) Destroying, defacing, mutilating, or altering ballots or official voting records. Whoever, within a year following an election in a political subdivi­ sion in which an examiner has been appointed (1) destroys, defaces, mutilates, or otherwise alters the marking of a paper ballot which FACTUAL. CAMPAIGN INFORMATION 43 TITLE 42, U.S.C.— Continued has been cast in such election, or (2) alters any official record of voting in such election tabulated from a voting machine or otherwise, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (c) Conspiring to violate or interfere with secured rights. Whoever conspires to violate the provisions of subsection (a) or (b) of this section, or interferes with any right secured by section 1973, 1973a, 1973b, 1973c, 1973e, 1973h, or 1973i (a) or (b) of this title shall be fined not more than $5,000, or imprisoned not more than five years, or both. (d) Civil action by Attorney General for preventive relief; injunctive and other relief Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 1973, 1973a, 1973b, 1973c, 1973e, 1973h, 1973i, or subsection (b) of this section, the Attorney General may institute for the United States, or in the name of the United States, an action for preventive relief, including an application for a temporary or permanent injunction, restraining order, or other order, and including an order directed to the State and State or local election officials to require them (1) to permit persons listed under this subchapter to vote and (2) to count such votes. (e) Proceeding by Attorney General to enforce the counting of bal­ lots of registered and eligible persons who are prevented from voting Whenever in any political subdivision in which there are examiners appointed pursuant to this subchapter any persons allege to such an examiner within forty-eight hours after the closing of the polls that notwithstanding (1) their listing under this subchapter or registration by an appropriate election official and (2) their eligibility to vote, they have not been permitted to vote in such election, the examiner shall forthwith notify the Attorney General if such allegations in his opinion appear to be well founded. Upon receipt of such notification, the Attorney General may forthwith file with the district court an application for an order providing for the marking, casting, and counting of the ballots of such persons and requiring the inclusion of their votes in the total vote before the results of such election shall be deemed final and any force or effect given thereto. The district court shall hear and determine such matters immediately after the filing of such application. The remedy provided in this subsection shall not preclude any remedy available under State or Federal law. (f) Jurisdiction of district courts; exhaustion of administrative or other remedies unnecessary The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this section and shall exercise the same without regard to whether a person asserting rights under the provisions of this subchapter shall have exhausted any administrative or other remedies that may be provided by law. (Pub. L. 89-110, § 12, Aug. 6, 1965, 79 Stat. 443.) 44 FACTUAL CAMPAIGN INFORMATION

TITLE 42, U.S.C.— Continued SEC. 1973k. TERMINATION OF LISTING PROCEDURES; BASIS FOR TERMINATION; SURVEY OR CENSUS BY DIRECTOR OF THE CENSUS. Listing procedures shall be terminated in any political subdivision of any State (a) with respect to examiners appointed pursuant to clause (b) of section 1973d of this title whenever the Attorney General notifies the Civil Service Commission, or whenever the District Court for the District of Columbia determines in an action for declaratory judgment brought by any political subdivision with respect to which the Director of the Census has determined that more than 50 per centum of the nonwhite persons of voting age residing therein are registered to vote, (1) that all persons listed by an examiner for such subdivision have been placed on the appropriate voting registration roll, and (2) that there is no longer reasonable cause to believe that persons will be deprived of or denied the right to vote on account of race or color in such subdivision, and (b), with respect to examiners appointed pursuant to section 1973a(a) of this title, upon order of the authorizing court. A political subdivision may petition the At­ torney General for the termination of listing procedures under clause (a) of this section, and may petition the Attorney General to request the Director of the Census to take such survey or census as may be appropriate for the making of the determination provided for in this section. The District Court for the District of Columbia shall have jurisdiction to require such survey or census to be made by the Director of the Census and it shall require him to do so if it deems the Attorney General’s refusal to request such survey or census to be arbitrary or unreasonable. (Pub. L. 89-110, § 13, Aug. 6, 1965, 79 Stat. 444.) SEC. 19731. ENFORCEMENT PROCEEDINGS. (a) Criminal contempt. All cases of criminal contempt arising under the provisions of this subchapter shall be governed by section 1995 of this title. (b) Jurisdiction of courts for declaratory judgment, restraining orders, or temporary or permanent injunction No court other than the District Court for the District of Columbia or a court of appeals in any proceeding under section 1973g of this title shall have jurisdiction to issue any declaratory judgment pur­ suant to section 1973b or 1973c of this title or any restraining order or temporary or permanent injunction against the execution or enforcement of any provision of this subchapter or any action of any Federal officer or employee pursuant hereto. (c) Definitions. (1) The terms “ vote” or “ voting” shall include all action necessary to make a vote effective in any primary, special, or general election, including, but not limited to, registration, listing pursuant to this subchapter, or other action required by law prerequisite to voting, casting a ballot, and having such ballot counted properly and included in the appropriate totals of votes cast with respect to candidates for public or party office and propositions for which votes are received in an election. FACTUAL CAMPAIGN INFORMATION 45

TITLE 42, U.S.C.—Continued (2) The term “ political subdivision” shall mean any county or parish, except that where registration for voting is not conducted under the supervision of a county or parish, the term shall include any other subdivision of a State which conducts registration for voting. (d) Subpenas. In any action for a declaratory judgment brought pursuant to section 1973b or 1973c of this title, subpenas for witnesses who are required to attend the District Court for the District of Columbia may be served in any judicial district of the United States: Provided, That no writ of subpena shall issue for witnesses without the District of Columbia at a greater distance than one hundred miles from the place of holding court without the permission of the District Court for the District of Columbia being first had upon proper application and cause shown. (Pub. L. 89-110, § 14, Aug. 6, 1965, 79 Stat. 445). SEC. 1973m. STUDY BY ATTORNEY GENERAL AND SECRE­ TARY OF DEFENSE OF DISCRIMINATORY PRACTICES AFFECTING VOTING RIGHTS OF ARMED FORCES PERSONNEL. The Attorney General and the Secretary of Defense, jointly, shall make a full and complete study to determine whether, under the laws or practices of any State or States, there are preconditions to voting, which might tend to result in discrimination against citizens serving in the Armed Forces of the United States seeking to vote. Such officials shall, jointly, make a report to the Congress not later than June 30, 1966, containing the results of such study, together with a list of any States in which such preconditions exist, and shall include in such report such recommendations for legislation as they deem advisable to prevent discrimination in voting against citizens serving in the Armed Forces of the United States. (Pub. L. 89-110, § 16, Aug. 6, 1965, 79 Stat. 445.) SEC. 1973n. IMPAIRMENT OF VOTING RIGHTS OF PERSONS HOLDING CURRENT REGISTRATION. Nothing in this subchapter shall be construed to deny, impair, or otherwise adversely affect the right to vote of any person registered to vote under the law of any State or political subdivision. (Pub. L. 89-110, § 17, Aug. 6, 1965, 79 Stat. 446.) SEC. 19730. AUTHORIZATION OF APPROPRIATIONS. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this subchapter. (Pub. L. 89-110, § 18, Aug. 6, 1965, 79 Stat. 446.) SEC. 1973p. SEPARABILITY OF PROVISIONS. If any provision of this subchapter or the application thereof to any person or circumstances is held invalid, the remainder of the sub­ chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected there­ by. (Pub. L. 89-110, § 19, Aug. 6, 1965, 79 Stat. 446.) 93-558 0 — 68------4 46 FACTUAL CAMPAIGN INFORMATION

TITLE 42, U.S.C.— Continued

SUBCHAPTER II— FEDERAL ELECTION RECORDS

SEC. 1974. RETENTION AND PRESERVATION OF RECORDS AND PAPERS BY OFFICERS OF ELECTIONS; DEPOSIT WITH CUSTODIAN; PENALTY FOR VIOLATION. Every officer of election shall retain and preserve, for a period of twenty-two months from the date of any general, special, or primary election of which candidates for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Resident Commissioner from the Common­ wealth of Puerto Rico are voted for, all records and papers which come into his possession relating to any application, registration, payment of poll tax, or other act requisite to voting in such election, except that, when required by law, such records and papers may be delivered to another officer of election and except that, if a State or the Commonwealth of Puerto Rico designates a custodian to retain and preserve these records and papers at a specified place, then such records and papers may be deposited with such custodian, and the duty to retain and preserve any record or paper so desposited shall devolve upon such custodian. Any officer of election or custodian who willfully fails to comply with this section shall be fined not more than $1,000 or imprisoned not more than one year, or both. (P.L. 86-449, title III, §301, May 6, 1960, 74 Stat. 88.) SEC. 1974a. THEFT, DESTRUCTION, CONCEALMENT, MUTILA­ TION, OR ALTERATION OF RECORDS OR PAPERS; PENALTIES. Any person whether or not an officer of election or custodian, who willfully steals, destroys, conceals, mutilates, or alters any record or paper required by section 1974 of this title to be retained and pre­ served shall be fined not more than $1,000 or imprisoned not more than one year, or both. (P.L. 86-449, title III, §302, May 6, 1960, 74 Stat. 88.) SEC. 1974b. DEMAND FOR RECORDS OR PAPERS BY ATTOR­ NEY GENERAL OR REPRESENTATIVE; STATE­ MENT OF BASIS AND PURPOSE. Any record or paper required by section 1974 of this title to be retained and preserved shall, upon demand in writing by the Attorney General or his representative directed to the person having custody, possession, or control of such record or paper, be made available for inspection, reproduction, and copying at the principal office of such custodian by the Attorney General or his representative. This demand shall contain a statement of the basis and the purpose therefor. (P.L. 86-449, title III, § 303, May 6, 1960, 74 Stat. 88.) FACTUAL CAMPAIGN INFORMATION 4 7

TITLE 42, U.S.C.— Continued SEC. 1974c. DISCLOSURE OF RECORDS OR PAPERS. Unless otherwise ordered by a court of the United States, neither the Attorney General nor any employee of the Department of Justice, nor any other representative of the Attorney General, shall disclose any record or paper produced pursuant to this subchapter, or any reproduction or copy, except to Congress and any committee thereof, governmental agencies, and in the presentation of any case or pro­ ceeding before any court or grand jury. (P.L. 86-449, title III, § 304, May 6, 1960, 74 Stat. 88.) SEC. 1974d. JURISDICTION TO COMPEL PRODUCTION OF RECORDS OR PAPERS. The United States district court for the district in which a demand is made pursuant to section 1974b of this title, or in which a record or paper so demanded is located, shall have jurisdiction by appropriate process to compel the production of such record or paper. (P.L. 86-449, title III, § 305, May 6, 1960, 74 Stat. 88.) SEC. 1974e. DEFINITIONS. As used in this subchapter, the term “ officer of election” means any person who, under color of any Federal, State, Commonwealth, or local law, statute, ordinance, regulation, authority, custom, or usage, performs or is authorized to perform any function, duty, or task in connection with any application, registration, payment of poll tax, or other act requisite to voting in any general, special, or primary election at which votes are cast for candidates for the office of President, Vice President, presidential elector. Member of the Senate, Member of the House of Representatives, or Resident Commissioner from the Com­ monwealth of Puerto Rico. (P.L. 86-449, title III, § 306, May 6, 1960, 74 Stat. 88.) ******* SEC. 1975c. DUTIES; REPORTS; TERMINATION. (a) The Commission shall— (1) investigate allegations in writing under oath or affirmation that certain citizens of the United States are being deprived of their right to vote and have that vote counted by reason of their color, race, religion, or national origin; which writing, under oath or affirma­ tion, shall set forth the facts upon which such belief or beliefs are based; (2) study and collect information concerning legal developments constituting a denial of equal protection of the laws under the Consti­ tution because of race, color, religion or national origin or in the administration of justice; (3) appraise the laws and policies of the Federal Government with respect to denials of equal protection of the laws under the Constitu­ tion because of race, color, religion or national origin or in the ad­ ministration of justice; (4) serve as a national clearinghouse for information in respect to denials of equal protection of the laws because of race, color, religion 48 FACTUAL CAMPAIGN INFORMATION

TITLE 42, U.S.C.—Continued or national origin, including but not limited to the fields of voting, education, housing, employment, the use of pubic facilities, and transportation, or in the administration of justice; (5) investigate allegations, made in writing and under oath or affirmation, that citizens of the United States are unlawfully being accorded or denied the right to vote, or to have their votes properly counted, in any election of presidential electors. Members of the United States Senate, or of the House of Representatives, as a result of any patterns or practice of fraud or discrimination in the conduct of such election; and (6) nothing in this or any other Act shall be construed as authoriz­ ing the Commission, its Advisory Committees, or any person under its supervision or control to inquire into or investigate any membership practices or internal operations of any fraternal organization, any college or university fraternity or sorority, any private club or any religious organization. ******* SEC. 2000f. SURVEY FOR COMPILATION OF REGISTRATION AND VOTING STATISTICS; GEOGRAPHICAL AREAS; SCOPE; APPLICATION OF CENSUS PROVISIONS; VOLUNTARY DISCLOSURE; AD­ VISING OF RIGHT NOT TO FURNISH INFOR­ MATION. The Secretary of Commerce shall promptly conduct a survey to compile registration and voting statistics in such geographic areas as may be recommended by the Commission on Civil Rights. Such a survey and compilation shall, to the extent recommended by the Commission on Civil Rights, only include a count of persons of voting age by race, color, and national origin, and determination of the extent to which such persons are registered to vote, and have voted in any statewide primary or general election in which the Members of the United States House of Representatives are nominated or elected, since January 1, 1960. Such information shall also be col­ lected and compiled in connection with the Nineteenth Decennial Census, and at such other times as the Congress may prescribe. The provisions of section 9 and chapter 7 of title 13, shall apply to any survey, collection, or compilation of registration and voting statistics carried out under this subchapter: Provided, however, That no person shall be compelled to disclose his race, color, national origin, or questioned about his political party affiliation, how he voted, or the reasons therefore, nor shall any penalty be imposed for his failure or refusal to make such disclosure. Every person interrogated orally, by written survey or questionnaire or by any other means with respect to such information shall be fully advised with respect to his right to fail or refuse to furnish such information. (P.L. 88-352, title VIII, § 801, July 2, 1964, 78 Stat. 266.) See also Title 42, U.S.C. § 2717 (P.L. 88-452, title I, § 107, Aug. 20, 1964, 78 Stat. 511 re: Political discrimination and activity in Job Corps). FACTUAL CAMPAIGN INFORMATION 49

TITLE 47—TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS *

C h a p t e r 5— W i r e o r R a d io C ommunication

SUBCHAPTER III SPECIAL PROVISIONS RELATING TO RADIO SEC. 315. CANDIDATES FOR PUBLIC OFFICE; FACILITIES; RULES. (a) If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: Provided, That such licensee shall have no power of censorship over the material broadcast under the provisions of this section. No obligation is imposed upon any licensee to allow the use of its station by any such candidate. Appearance by a legally qualified candidate on any— (1) bona fide newscast, (2) bona fide news interview, (3) bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary), or (4) on-the-spot coverage of bona fide news events (including but not limited to political conventions and activities incidental thereto), shall not be deemed to be use of a broadcasting station within the meaning of this subsection. Nothing in the foregoing sentence shall be construed as relieving broadcasters, in connection with the presen­ tation of newscasts, news interviews, news documentaries, and on-the- spot coverage of news events, from the obligation imposed upon them under this chapter to operate in the public interest and to afford reasonable opportunity for the discussion of conflicting views on issues of public importance. (b) The charges made for the use of any broadcasting station for any of the purposes set forth in this section shall not exceed the charges made for comparable use of such station for other purposes. (c) The Commission shall {prescribe appropriate rules and regula­ tions to carry out the provisions of this section. (June 19, 1934, ch. 652, §315, 48 Stat. 1088; July 16, 1952, ch. 879, § 11, 66 Stat. 717; Sept. 14, 1959, P.L. 86-274, § 1, 73 Stat. 557.)

TITLE 5 0 — WAR AND NATIONAL DEFENSE

Chapter 30— Federal Absentee Voting Assistance f

SUBCHAPTER I— RECOMMENDATION TO STATES Sec. 1451. State enactment of absentee voting legislation. 1452. Balloting procedures. 1453. Statistical data.

*See also “ Broadcasting—The ‘Fairness Doctrine’ as applied to Political Campaigns” (JK 1351 D), prepared by Elizabeth Yadlosky, Legislative Attorney, American Law Division, Legislative Reference Service, Library of Congress, October 2, 1967. t(Formerly Chapter 28, 5 U.S.C. (1964 ed.) 2171 to 2196.) 50 FACTUAL CAMPAIGN INFORMATION

TITLE 47, U.S.C.—^Continued

SUBCHAPTER II— RESPONSIBILITIES OF FEDERAL GOVERNMENT

1461. Presidential designee to coordinate and facilitate actions to discharge Fed­ eral responsibilities; report. 1462. Current absentee voting information. 1463. Cooperation of Government officials; drafts of state legislation; printing and transmitting of post cards. 1464. Form and content of post card application. 1465. Post card for election for Members of Congress.

SUBCHAPTER III— GENERAL PROVISIONS 1471. Definitions. 1472. Free postage. 1473. Prevention of fraud and coercion. 1474. Acts done in good faith. 1475. Undue influence; free discussion. 1476. Appropriations.

SUBCHAPTER I RECOMMENDATION TO STATES SEC. 1451. STATE ENACTMENT OF ABSENTEE VOTING LEGISLATION. The Congress expresses itself as favoring, and recommends that the several States take, immediate legislative or administrative action to enable every person in any of the following categories who is absent from the place of his voting residence to vote by absentee ballot in any primary, special, or general election held in his election district or precinct, if he is otherwise eligible to vote in that election: (1) Members of the Armed Forces while in the active service, and their spouses and dependents. (2) Members of the merchant marine of the United States, and their spouses and dependents. (3) Civilian employees of the United States in all categories serving outside the territorial limits of the several States of the United States and the District of Columbia and their spouses and dependents when residing with or accompanying them, whether or not the employee is subject to the civil-service laws and the Classification Act of 1949, and whether or not paid from funds appropriated by the Confess. (4) Members of religious groups of welfare agencies assisting mem­ bers of the Armed Forces, who are officially attached to and serving with the Armed Forces, and their spouses and dependents. (Aug. 9, 1955, ch. 656, title I, § 101, 69 Stat. 584.)

S h o r t T i t l e

Section 1 of act Aug. 9, 1955, provided that “ This Act [which enacted this chapter and repealed sections 301-303, 321-331, 341, and 351-355 of Title 50, War and National Defense] may be cited as ‘The Federal Voting Assistance Act of 19 55 .” S eparability P r o v i s i o n s

Section 306 of act of August 9, 1955, provided that “ If any provision of this act [this chapter] or the application of such provision to any person or circumstance shall be held invalid, the validity of the remainder of the Act [this chapter] and the applicability of such provision to other persons or circumstances shall not be affected thereby.” FACTUAL CAMPAIGN INFORMATION 51

TITLE 47, U.S.C.—Continued SEC. 1452. BALLOTING PROCEDURES. To afford ample opportunity for persons covered by section 1451 of this title to vote for Federal, State, and local officials and to use the absentee balloting procedures to the greatest extent possible, it is recommended that each of the several States-— (1) accept as applications for absentee ballots under such States' absentee balloting laws, as applications for registration under such States’ election laws, and as sources of information to implement State absentee balloting laws, the form of post card (when duly executed by a person covered by section 1451 of this title) provided pursuant to this chapter; (2) waive registration of persons covered by section 1451 of this title, who, by reason of their service, have been deprived of an opportunity to register; (3) accept the post card application provided pursuant to this chapter as a simultaneous application for registration and for ballot; (4) if a special application is required for registration by mail, provide that the necessary forms will be sent with the absentee ballot and may be returned with it; (5) make provision for persons eligible to register and qualified to vote, who have been honorably discharged from the Armed Forces, or have terminated their service or employment, too late to register at the time when, and at the place where, registration is required, to vote at the election next ensuing after such dis­ charge or termination; (6) authorize and instruct the State or local election officials, upon receipt of the post card application provided pursuant to this chapter, to mail immediately to the applicant a ballot, instructions for voting and returning the ballots and a self- addressed envelope; (7) provide that there be printed across the face of each en­ velope in which a ballot is sent two parallel horizontal red bars, each one-quarter inch wide, extending from one side of the enve­ lope to the other side, with an intervening space of one-quarter inch, the top bar to be one and one-quarter inches from the top of the envelope, and with the words “ Official Election Balloting Material—via Air Mail," or similar language, between the bars; that there be printed in the upper right corner of each such envelope, in a box, the words “ Free of U. S. Postage, Including Air Mail"; that all printing on the face of each such envelope be in red; and that there be printed in red in the upper left corner of each State ballot envelope an appropriate inscription or blanks for return address of sender; (8) provide that the gummed flap of the State envelope sup­ plied for the return of the ballot be separated by a wax paper or other appropriate protective insert from the remaining balloting material and that there be included in State voting instructions a procedure to be followed by absentee voters, such as notation of the facts on the back of the envelope duly signed by the voter and witnessing officer, in instances of adhesion of the balloting material; 52 FACTUAL CAMPAIGN INFORMATION

TITLE 47, U.S.C.—Continued (9) reduce in size and weight of paper, as much as possible, envelopes, ballots, and instructions for voting procedure; (10) for the purposes of this chapter, authorized oaths required by State law to be administered and attested by any commissioned officer in the active service of the Armed Forces, or any member of the merchant marine of the United States designated for this purpose by the Secretary of Commerce, or any civilian official empowered by State or Federal law to administer oaths; (11) include in State voting instructions express information concerning the type or types of writing instruments which may be used to mark the absentee ballot, preferably pen or indelible pencil; and (12) provide that absentee ballots will be available for mailing to the applicant as soon as practicable before the last date on which such ballot will be counted. (Aug. 9, 1955, ch. 656, title I, § 102, 69 Stat. 584.) SEC. 1453. STATISTICAL DATA. It is recommended that each of the several States make available to the officer designated by the President under section 1461 of this title appropriate statistical data to assist him in compiling compre­ hensive information of operations under this chapter. (Aug. 9, 1955, ch. 656, title I, § 103, 69 Stat. 584.)

SUBCHAPTER II RESPONSIBILITIES OF FEDERAL GOVERNMENT SEC. 1461. PRESIDENTIAL DESIGNEE TO COORDINATE AND FACILITATE ACTIONS TO DISCHARGE FEDERAL RESPONSIBILITIES; REPORT. The President is authorized to designate, with provision for redele­ gation, the head (hereinafter referred to as the Presidential designee) of any executive department or agency to coordinate and facilitate such actions as may be required to discharge Federal responsibilities under this chapter. The Presidential designee is authorized to request from other executive departments and agencies such assistance as he deems necessary to effectuate the purposes of this chapter, and shall submit a report to the President and to the Congress in odd-numbered years. Such report shall cover the administration of Federal re­ sponsibilities authorized under this subchapter, the progress of the States in carrying out the recommendations contained in subchapter I of this chapter, statistical data relating to absentee voting, and such other information as the Presidential designee may consider appro­ priate. (Aug. 9, 1955, ch. 656, title II, § 201, 69 Stat. 585.) SEC. 1462. CURRENT ABSENTEE VOTING INFORMATION. The Presidential designee shall request, annually or more often when appropriate, each State to furnish him with current absentee voting information for such State. Such information shall include election dates, officers to be elected, constitutional amendments, and other proposals to be voted on, absentee registration and voting pro­ cedures, and other relevant data. As soon as possible after receipt of such information, he shall furnish it to the departments and agencies FACTUAL CAMPAIGN INFORMATION 53

TITLE 47, U.S.C.—Continued of the executive branch affected by this chapter. Such departments and agencies are authorized to reprint and distribute such information to the extent necessary. (Aug. 9, 1955, ch. 656, title II, § 202, 69 Stat. 586.) SEC. 1463. COOPERATION OF GOVERNMENT OFFICIALS; d r a f t s o f s t a t e LEGISLATION; PRINTING AND TRANSMITTING OF POST CARDS. All Government officials shall, to the extent practicable and com­ patible with their primary responsibilities, cooperate with the Presi­ dential designee in carrying out the purposes of this chapter. All such officials shall, as far as practicable, take all reasonable measures to expedite, transmit, deliver, and return post cards, ballots, envelopes, and instructions for voting procedures mailed to or by persons to whom this chapter is applicable. In addition, and as requested by the Presidential designee, it shall be the duty of— (1) the Attorney General to cooperate and advise with the Council of State Governments in the formulation of drafts of State legislation designed to implement the recommendations for State action contained in this chapter; (2) the Administrator of General Services to cause to be printed and distributed post cards for use in accordance with the provisions of this chapter. Such post cards shall, wherever prac­ ticable and compatible with other operations, be made available by the department or agency concerned to persons to whom this chapter is applicable for use at any general election at which electors for President and Vice President or Senators and Rep­ resentatives are to be voted for. For use in such elections post cards shall be made available outside the territorial limits of the United States not later than August 15 prior to the election and within the territorial limits of the United States not later than September 15 prior to the election. To the extent practicable and compatible with other operations, post cards shall also be made available at appropriate times to such persons for use in other general, primary, and special elections; and (3) the Postmaster General and the heads of the departments and agencies concerned, where practicable and compatible with their operations, to facilitate the transmission of balloting ma­ terial to and from persons to whom this chapter is applicable. Ballots executed outside the United States by persons to whom this chapter is applicable shall be returned by priority airmail wherever practicable, and such mail may be segregated from other forms of mail and placed in special bags marked with special tags printed and distributed by the Postmaster General for this purpose. (Aug. 9, 1955, ch. 656, title II, § 203, 69 Stat. 586.) SEC. 1464. FORM AND CONTENT OF POST CARD APPLI­ CATION. (The form of the Federal post card is specified in the U.S. Code qv.) 54 FACTUAL CAMPAIGN INFORMATION

TITLE 47, U.S.C.—Continued SEC. 1465. POST CARD FOR ELECTION FOR MEMBERS OF CONGRESS. The previously authorized Federal post card form shall be utilized prior to and in connection with the election for Members of Congress next ensuing after August 9, 1955, and the Presidential designee shall initiate action to make such forms available to departments and agencies having a need therefor. Thereafter only the post card form authorized in this chapter shall be utilized. (Aug. 9, 1955, ch. 656, title II, § 205, 69 Stat. 588.)

SUBCHAPTER III— GENERAL PROVISIONS SEC. 1471. DEFINITIONS. As used in this chapter— (1) The term “ Armed Forces” means the uniformed services as defined in section 231 of Title 37. (2) The term “ members of the merchant marine of the United States” means persons (other than members of the Armed Forces) employed as officers or members of crews of vessels documented under the laws of the United States, or of vessels owned by the United States, or of vessels of foreign-flag registry under charter to or control of the United States, and persons (other than members of the Armed Forces) enrolled with the United States for employment, or for training for employment, or maintained by the United States for emergency relief service, as officers or members of crews of any such vessels; but does not include persons so employed, or enrolled for such employment or for training for such employment, or maintained for such emergency relief service, on the Great Lakes or the Inland waterways. (3) The term “ dependent” means any person who is in fact a de­ pendent. (Aug. 9, 1955, ch. 656, title III, §301, 69 Stat. 588). SEC. 1472. FREE POSTAGE. Official post cards, ballots, voting instructions, and envelopes referred to in this chapter, whether transmitted individually or in bulk, shall be free of postage, including air-mad postage, in the United States mads. (Aug. 9, 1955, ch. 656, title III, § 302, 69 Stat. 588.) SEC. 1473. PREVENTION OF FRAUD AND COERCION. Every individual concerned with the administration of this chapter shad take ad necessary steps to prevent fraud, to protect voters against coercion of any sort, and to safeguard the integrity and secrecy of badots cast. (Aug. 9, 1955, ch. 656, title III, § 303, 69 Stat. 588.) SEC. 1474. ACTS DONE IN GOOD FAITH. No act done in good faith under this chapter by a person serving in or with the Federal or military service of the United States in the exercise of his judgment as to what was practicable and compatible with military, merchant marine, or other Federal governmental operations, shad constitute a violation of any provision of law relating to the elective franchise. (Aug. 9, 1955, ch. 656, title III, § 304, 69 Stat. 589.) FACTUAL CAMPAIGN INFORMATION 55 TITLE 47, U.S.C.—Continued SEC. 1475. UNDUE INFLUENCE; FREE DISCUSSION. It shall be unlawful for any commissioned, noncommissioned, warrant, or petty officer in the Armed Forces (1) to attempt to in­ fluence any member of the Armed Forces to vote or not to vote for any particular candidate, or (2) to require any member of the Armed Forces to march to any polling place or place of voting, but nothing in this chapter shall be deemed to prohibit free discussion regarding political issues or candidates for pubic office. (Aug. 9, 1955, ch. 656, title III, § 305, 69 Stat. 589.) SEC. 1476. APPROPRIATIONS. There are authorized to be appropriated such funds as may be necessary to carry out the purposes of this chapter. (Aug. 9, 1955, ch. 656, title III, § 308, 69 Stat. 589.) MISCELLANEOUS RELATED ACTS

FEDERAL CORRUPT PRACTICES ACT, 1925, AS AMENDED

[Approved February 28, 1925; as amended June 25, 1943; and further amended June 20, 1947, June 25, 1948, May 24, 1949, and October 31, 1951] [P.L. 506, 65th Cong., as amended by P.L. 89, 78th Cong., and further amended by P.Ls. 101 and 772, 80th Cong., P.L. 72, 81st Cong., and P.L. 248, 82d Cong.]

TITLE III.'— FEDERAL CORRUPT PRACTICES ACT, 1925

Sec. 301. CITATION. (Feb. 28, 1925, ch. 368, title III, sec. 301, 43 Stat. 1070; 2 U.S.C., § 256.) Title Sec. 301. This chapter and section 208 of title 18 may be cited as the “Federal Corrupt Practices Act.” Sec. 302. DEFINITIONS. (Feb. 28, 1925, ch. 368, sec. 302, 43 Stat. 1070; 2 U.S.C., § 241.) S e c . 302. When used in this chapter [2 U.S.C. §§ 241- 256] and section 208 of title 18— Meaning of terms used. (a) The term “ election” includes a general or special Election. election,^ but does not include a primary election or convention of a political party; Candidate. (b) The term “ candidate” means an individual whose name is presented at an election for election as Senator or Representative in, or Delegate or Resident Commis­ sioner to, the Congress of the United States, whether or not such individu^ is elected; Political com­ mittee. (c) The term “political committee” includes any com­ mittee, association, or organization which accepts con­ tributions or makes expenditures for the purpose of influencing or attempting to influence the election of candidates 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 organi­ zation (other than a duly organized State or local com­ mittee of a political party) is a branch or subsidiary of a national committee, association, or organization; Contribution. (d) The term “ contribution” includes a gift, subscrip­ tion, loan, advance, or deposit, or money, or anything

1 The Federal Corrupt Practices Act was enacted as title III, sections 301-318 of “ A n A ct reclassifying the salaries of postmaster and employees of the Postal Service, readjusting their salaries and compensation on an equitable basis, increasing postal rates to provide for such readjustment, and for other purposes” (43 Stat. 1070-1074). Sections 310-313 have been repealed but have been reenacted and codified to appear in title 18, United States Code, and are no longer a part of the Corrupt Practices Act. but are given herewith to retain the continuity of the original act of 1925. 2 The words "and, in the case of a Resident Commissioner from the Philippine Islands, an election by the Philippine Legislature,” were omitted by Presidential Proclamation No. 2695, as authorized by Act July 4,1946,11 F.B. 7517, 60 Stat. 1352. NOTE.—Eeferences are to United States Code, 1964 ed., unless otherwise indicated. 56 FACTUAL CAMPAIGN INFORMATION 57 of value, and includes a contract, promise, or agree­ ment, whether or not legally enforceable, to make a contribution; (e) The term “ expenditure” includes a payment, dis- Expenditure, tribution, 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; (f) The term “ person” includes an individual, partner- Person, ship, committee, association, corporation, and any other organization or group of persons; ( g ) The term “ Clerk” means the Clerk of the House clerk. of Representatives of the United States; (h) The term “ Secretary” means the Secretary of the secretary. Senate of the United States; (i) The term “ State” includes Territory and possession state, of the United States.

Sec. 303. CHAIRMAN AND TREASURER OF POLITI­ Political com­ mittee. CAL COMMITTEES: DUTIES AS TO CONTRIBUTIONS: Officers required. ACCOUNTS AND RECEIPTS. (Feb. 28, 1925, ch. 368, sec. 303, 43 Stat. 1071; 2 U.S.C. § 242.)

S e c . 303. (a) Every political committee shall have a chairman and a treasurer. No contribution shall be accepted, and no expenditure made, by or on behalf of a political committee for the purpose of influencing an election until such chairman and treasurer have been chosen. (b) It shall be the duty of the treasurer of a politicalAccounts to be committee to keep a detailed and exact account of— kept b y treasurer. (1) All contributions made to or for such committee; Receipts. (2) The name and address of every person making any such contribution, and the date thereof; (3) AU expenditures made by or on behalf of such Expenditures, committee; and

N ote.—Section 591 of title 18, as enacted by P .L . 772 , 80th Cong., 2d sess., June 25, 1948, defines, for the purposes of sections 597, 599, 602, 609, and 610 of the revised title 18, the terms referred to in paragraphs (a)-(f) and (i) of section 302. Sections 597, 599, 602, and 610 of the new title 18 superseded sections 310, 311, 312, and 313 respectively of the Corrupt Practices Act. See, infra, notations under these sections. The act of M ay 24,1949 (63 Stat. 90,139, § 9) amended section 591 by elimination from the definition of “ election” the reference to the Resident Commissioner from the Philippines. Section 591, as amended, is as follows: “ Sec. 591. Definitions “ When used in section 697, 699, 60Z, 609, and 610 of this title— “ The term ‘election’ includes a general or special election, but does not include a primary election or convention of a political party; “ The term ‘candidate’ means an individual whose name is presented for election as Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, whether or not such individual is elected: “ The term ‘political committee’ includes any committee, association, or organization which accepts contributions or makes expenditures for the purpose of influencing or attempt­ ing to influence the election of candidates or presidential and vice presidential electors (/) i n two or more States, or (B) whether or not in more than one State, if such committee, asso­ ciation, 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: “ The term ‘contribution’ includes a gift, subscription, loan, advance, or deposit of money or anything of value, and includes a contract, promise, or agreement to make a contribution, whether or not legally enforceable; “ 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 to make an expenditure, whether or not legally enforceable; “ The term ‘person’ or the term ‘whoever’ includes an individual, partnership, committee, association, corporation, and any other organization or group of persons; “ The term ‘ State’ includes Territory and possession of the United States.’ ’ 58 FACTUAL CAMPAIGN INFORMATION

(4) The name and address of every person to whom any such expenditure is made, and the date thereof. Receipted bills to be kept. (c) It shall be the duty of the treasurer to obtain and keep a receipted bill, stating the particulars, for every expenditure by or on behalf of a political committee exceeding $10 in amount. The treasurer shall preserve all receipted bills and accounts required to be kept by this section for a period of at least two years from the date of the filing of the statement containing such items. Sec. 304. ACCOUNTS OF CONTRIBUTIONS RE­ CEIVED. (Feb. 28, 1925, ch. 368, sec. 304, 43 Stat. 1071 ; 2 U.S.C., § 243.) Contributions to S e c . 304. Every person who receives a contribution be reported to the treasurer. for a political committee shall, on demand of the treas­ urer, and in any event within five days after the receipt of such contribution, render to the treasurer a detailed account thereof, including the name and address of the person making such contribution, and the date on which received. Sec. 305. STATEMENTS BY THE TREASURER FILED WITH CLERK OF HOUSE OF REPRESENTATIVES. (Feb. 28, 1925, ch. 368, sec. 305, 43 Stat. 1071; 2 U.S.C., § 244.) Statements in S e c . 305. (a) The treasurer of a political committee detail to be filed with the Clerk shall file with the Clerk between the 1st and 10th days by treasurers. of March, June, and September, in each year, and also Filing dates. 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 Requirements. or more States, and also on the 1st day of January, a statement containing, complete as of the day next preceding the date of filing— List of con­ (1) The name and address of each person who has tributors of $100 or more. 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; Total from other (2) The total sum of the contributions made to or contributors. for such committee during the calendar year and not stated under paragraph (1); Yearly total of all (3) The total sum of all contributions made to or for contributions. such committee during the calendar year; List of expendi­ (4) The name and address of each person to whom an tures, etc., of $10 or more. 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; Total of all other (5) The total sum of all expenditures made by or on expenditures. behalf of such committee during the calendar year and not stated under paragraph (4); FACTUAL CAMPAIGN INFORMATION 59

(6) The total sum of expenditures made by or onYearly total—all behalf of such committee during the calendar year. expenditures. (b) The statements required to be filed by subdivision Statements cumu­ lative during (a) shall be cumulative during the calendar year to which the year. they relate, but where there has been no change in an item reported in a previous statement only the amount needed to be carried forward. (c) The statement filed on the 1st day of January shall Final statement January 1. cover the preceding calendar year. Sec. 306. STATEMENTS BY OTHERS THAN POLITI- CAL COMMITTEE FILED WITH CLERK OF HOUSE OF REPRESENTATIVES. (Feb. 28, 1925, ch. 368. sec. 306, 43 Stat. 1072; 2 U.S.C., § 245.) Sec. 306. Every person (other than a political com­ Statements by individuals mittee) who makes an expenditure in one or more items, expending $50 other than by contribution to a political committee, or more. 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 man­ ner as required of the treasurer of a political committee by section 305. Sec. 307. STATEMENTS BY CANDIDATES FOR SENA­ TOR, REPRESENTATIVE, DELEGATE, OR RESIDENT COMMISSIONER FILED WITH SECRETARY OF SENATE AND CLERK OF HOUSE OF REPRESENTATIVES. (Feb. 28, 1925, ch. 368, sec. 307. 43 Stat. 1072; 2 U.S.C. § 246.) Sec. 307. (a) Every candidate for Senator shall file Statements by candidates. with the Secretary and every candidate for Representa­ tive, Delegate, or Resident Commissioner shall file with the Clerk not less than ten nor more than fifteen days Filing dates. before, and also within thirty days after, the date on which an election is to be held, a statement containing, Requirements. complete as of the day next preceding the date of filing— Contributions (1) A correct and itemized account of each contribu­ received, tion received by him or by any person for him with his itemized. knowledge or consent, from any source, in aid or support of his candidacy for election, or for the purpose of in- fluencing the result of the election, together with the name of the person who has made such contribution; Expenditures (2) A correct and itemized account of each expenditure made—itemized. 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 ex­ Exception penditure was made; except that only the total sum of (see p. 59). expenditures for items specified in subdivision (c) of section 309 need be stated; Promises or (3) A statement of every promise or pledge made by pledges of him or by any person for him with his consent, prior to appointments etc., to public the closing of the polls on the day of the election, relative or private to the appointment or recommendation for appointment position. 60 FACTUAL CAMPAIGN INFORMATION

of any person to any public or private position or em­ ployment 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 Statements (a) shall be cumulative, but where there has been no cumulative. change in an item reported in a previous statement only

Exception. the amount need be carried forward. (c) Every candidate shall inclose with his first state­ Report of total ment a report, based upon the records of the proper votes at last election to be State official, stating the total number of votes cast for inclosed. all candidates for the office which the candidate seeks, at the general election next preceding the election at which he is a candidate. Sec. 308. STATEMENTS; VERIFICATION; FILING; PRESERVATION; INSPECTION. (Feb. 28, 1925, ch. 368, sec. 308, 43 Stat. 1072; 2 U.S.C., § 247.) Statement Sec. 308. requirements A statement required by this title to be generally. filed by a candidate or treasurer of a political committee or other person with the Clerk or Secretary, as the case may be— Verification. (a) Shall be verified by the oath or affirmation of the person filing such statement, taken before any officer authorized to administer oaths; Transmittal by (b) Shall be deemed properly filed when deposited in registered mail. an established post office within the prescribed time, duly stamped, registered, and directed to the Clerk or Secretary at Washington, District of Columbia, but in Duplicates. the event it is not received, a duplicate of such statement shall be promptly filed upon notice by the Clerk or Secretary of its nonreceipt; Preservation by (c) Shall be preserved by the Clerk or Secretary for Clerk or Secre­ tary for inspec­ a period of two years from the date of filing, shall consti­ tion for 2 years. tute a part of the public records of his office, and shall be open to public inspection. Sec. 309. LIMITATION UPON AMOUNT OF EXPENDI­ TURES BY CANDIDATE. (Feb. 28, 1925, ch. 368, sec. 309, 43 Stat. 1073; 2 U.S.C., § 248.) Campaign Sec. 309. (a) A candidate, in his campaign for elec­ expenses of candidates tion, shall not make expenditures in excess of the amount limited. which he may lawfully make under the laws of the State in which he is a candidate, nor in excess of the amount which he may lawfully make under the provisions of this title. FACTUAL CAMPAIGN INFORMATION 61

(b) Unless the laws of his State prescribe a less amount Amounts allowed. (See as the maximum limit of campaign expenditures, a candi­ state laws.) date may make expenditures up to— (1) The sum of $10,000 if a candidate for Senator, or Senators; $10,000. the sum of $2,500 if a candidate for Representative, Representatives: Delegate, or Resident Commissioner; or (2) An amount equal to the amount obtained by multi­ Alternative amount based plying three cents by the total number of votes cast at on total votes at the last general election for all candidates for the office last election. which the candidate seeks, but in no event exceeding Senators: $25,000. $25,000 if a candidate for Senator or $5,000 if a candidate Representatives; for Representative, Delegate, or Resident Commissioner. $6 ,000. (c) Money expended by a candidate to meet and Specified personal expenses not discharge any assessment, fee, or charge made or levied included in limits. upon candidates by the laws of the State in which he resides, or expended for his necessary personal, traveling, or subsistence expenses, or for stationery, postage, writing, or printing (other than for use on billboards or Exception. in newspapers), for distributing letters, circulars, or posters, or for telegraph or telephone service, shall not be included in determining whether his expenditures have exceeded the sum fixed by paragraph (1) or (2) of subdivision (b) as the limit of campaign expenses of a candidate. Sec, [310] 3 599. PROMISE OF APPOINTMENT BY CANDIDATE. (Title 18 U.S.C., § 599, superseding Feb. 28, 1925, ch. 368, sec. 310, 43 Stat. 1073 and 2 U.S.C., § 249.) ec Promising ap­ S . 599 Whoever, being a candidate, directly or pointment, etc., indirectly promises or pledges the appointment, or the to public or pri­ vate position to use of his influence or support for the appointment of any procure support of any person, person to any public or private position or employment, unlawful. for the purpose of procuring support in his candidacy shall be fined not more than $1,000 or imprisoned not Penalty. more than one year, or both; and if the violation was willful, shall be fined not more than $10,000 or imprisoned 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.

3 Secs. 310-313 were repealed by P .L . 772, June 25,1948, which act revised, codified, and enacted into positive law title 18 of the United States Code, entitled “ Crimes and Criminal Procedure." Sec. 599 of title 18 quoted in the text above is a consolidation of former sec. 310 and sec. 314 of the Corrupt Practices Act. Changes in arrangement and phraseology were neces­ sary to effect consolidation and the words “ or both " were added to conform to the almost universal formula of the punishment provisions of title 18. (See 80th Cong., 1st sess., H. Rept. No. 304 on H.R. 3190.)

93-558 O— 68- 62 FACTUAL CAMPAIGN INFORMATION

Sec. [ 3 1 1 ] " 597. EXPENDITURES TO INFLUENCE VOTING. (Title 18 U.S.C., § 597, superseding Feb. 28, 1925, ch. 368, sec. 311, 43 Stat. 1073 and 2 U.S.C. § 250.) Offering expendi­ ture, etc., to in­ Sec. 597. Whoever makes or offers to make an ex­ fluence a vote, penditure to any person, either to vote or withhold his unlawful. vote, or to vote for or against any candidate; and Soliciting expend­ iture, etc., also Whoever solicits, accepts, or receives any such ex­ unlawful. penditure in consideration of his vote or the withholding of his vote— Penalty. Shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if the violation was willful, shall be fined not more than $10,000 or imprisoned 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. Sec. [3 1 2 ] 5 602. SOLICITATION OF POLITICAL CONTRIBUTIONS. (Title 18 U.S.C., § 602, superseding Feb. 28, 1925, ch. 368, sec. 312, 43 Stat. 1073 and 18 U.S.C., §§ 208 and 212.) Congressmen, S ec . 602. Whoever, being a Senator or Representa­ U.S. employees, etc., soliciting, tive in, or Delegate or Resident Commissioner to, or a receiving assess­ ments, etc., from candidate for Congress, or individual elected as. Senator, Government em­ Representative, Delegate, or Resident Commissioner, or ployees, unlawful. an officer or employee of the United States or any depart­ ment 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 Penalty. any other such officer, employee, or person, shall be fined not more than $5,000 or imprisoned not more than three years or both.

‘ Secs. 310-313 were repealed by P.L. 772, June 25,1948, which act revised, codified, and enacted into positive law title 18 of the United States Code, entitled “ Crimes and Criminal Procedure.” Sec. 597-of title 18 quoted in the text above is a consolidation of former sec. 311 and sec. 314 of the Corrupt Practices Act. Reference to persons causing or procuring was omitted as unnecessary in view of the definition of “ principal” in sec. 2 of title 18: “ (a) Whoever commits an offense against the United States, or aids, abets, counsels, commands, induces, or procures its commission, is a principal, (b) Whoever causes an act to be done, which if directly performed by him would be an offense against the United States, is also a principal and punishable as such.” The punishment provisions of sec. 314 of the Corrupt Practices Act were incorporated at the end of the revised sec. 597 of title 18 upon authority of reference in such section making them applicable to sec. 311 of the same act. The words “or both” are new, being added to sec. 597 to conform to the almost universal formula of the punishment provisions of title 18. (See 80th Cong., 1st sess., H. Rept. No. 304 on H .R . 3190.) • Secs. 310-313 were repealed b y P.L. 772, June 25,1948, which act revised, codified, and enacted into positive law title 18 of the United States Code, entitled “ Crimes and Criminal Procedure.” Sec. 602 is based on former secs. 208 and 212 of title 18, United States Code 1940 ed., and consolidates these sections. Sections 208 and 212 were originally enacted January 16,1883, as sections 11 and 15 respectively, of the Civil Service A ct, also known as the Pendleton A ct (22 Stat. 406,407). Sec. 602 has been expanded to embrace all officers or persons acting on behalf of any independent agencies or Government owned or controlled corporations by inserting words “ or any department or agency thereof,” it being the purpose of the inserted language to further what appeared unquestionably to be intent of Congress, namely, to cover all persons acting for the U.S. Government in an official function. The punishment provision now contained in sec. 602 was taken from former sec. 212 of title 18, United States Code, which, by reference, make the punishment applicable to the crime described in sec. 602. Changes were also made in phraseology. (See 80th Cong., 1st sess., H . Rept. No. 304 on H .R . 3190.) FACTUAL CAMPAIGN INFORMATION 63

CROSS REFERENCES 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. N OTE.—Section 603 of title 18,1964 ed., although not a section of the Corrupt Practices Act, contains a prohibition on the part of persons mentioned in section 602. Section 603 reads as follows; Sec. 60S. {As amended Oct. SI, 1951, ch. 655, sec. 20{b), 65 Stat. 718.) • Whoever, in any room or building occupied in the discharge of official duties by any person mentioned in section 609 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.

Sec. [3 1 3 .] ^ 610. POLITICAL CONTRIBUTIONS AND EXPENDITURES BY NATIONAL BANKS, CORPORA­ TIONS, AND LABOR ORGANIZATIONS; PENALTY. (Title 18, U.S.C., § 610, superseding Feb. 28, 1925, cb- 368, sec. 313, 43 Stat. 1074, as amended June 25, 1943, ch. 144, sec. 9, 57 Stat. 107 and further amended June 23, 1947, ch. 120, title III, sec. 301, 61 Stat. 159. Since enactment into positive law on June 25, 1948, as § 610 of title 18 this section has been amended May 24, 1949, ch. 139, sec. 10, 63 Stat. 90, and further amended October 31, 1951, ch. 655, sec. 20(c), 65 Stat. 718.) S e c . 610. It is unlawful for any national bank, or Contributions or expenditures by any corporation organized by authority of any law of national banks or federally Congress, to make a contribution or expenditure in organized connection with any election to any political office, or corporations, in connection with any primary election or political unlawful. convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization to make a contribution or expenditure Contributions or expenditures by in connection with any election at which Presidential any corporation or labor and Vice Presidential electors or a Senator or Repre­ organization, sentative in, or a Delegate or Resident Commissioner to unlawful.

•1951 Amendment. Act Oct. 31,1951, amended section by striking out “ from any such person” which followed “ purpose” . 7 Section 313 is derived from the Tillman Act of January 26,1907, ch. 420, 34 Stat, 864, being section 83 of the Penal Code of March 4,1909, 35 Stat. 1103, prohibiting cor porations from making money contributions in connection with political elections. Sec. 313 of the Corrupt Practices Act, as amended, was repealed by P.L. 772, June 25, 1948, but was reenacted without change and codified into positive law as sec. 610 of title 18 of the United States Code entitled “ Crimes and Criminal Procedure.” (See 80th Cong., 2d sess., S. Kept. 1620 on H .R . 3190.) This section passed February 28,1925, as section 313 of title 111 of “ An A ct reclassify­ ing the salaries of the postal service, etc.” (43 Stat. 1053, 1070-1074; ch. 368, sec. 313 [H.R. 11444], P.L. 506). The War Labor Disputes Act, known also as the Smith-Con- nally 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 above in the text by the Labor-Management Relations Act, 1947. This act extends the prohibition against contributions, both in the case of corporations and labor unions, to include expenditures as weU 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], P.L. 101). Act of May 24,1949, a technical amendment, amended catchline of section 610 by Inserting after the word “ contributions” the words “ or expenditures” (63 Stat. 90). A ct of Oct. 31,1951, amended second paragraph by inserting after “ labor organization as the case may be,” the words “ and any person who accepts or receives any contribu­ tion,” and by adding the additional punishment provisions; “ and it the violation was willful, shall be fined not more than $10,000 or imprisoned not more than two years, or both” (65 Stat. 718). 64 FACTUAL CAMPAIGN INFORMATION

Congress are to be voted for, or in connection with any Includes primary or convention. primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person to accept or receive any contribution prohibited by this section. Every corporation or labor organization which Penalty for violation of makes any contribution or expenditure in violation of sec. 610. this section shall be fined not more than $5,000; and every officer or director of any corporation, or officer of any labor organization, who consents to any contribu­ Punishment for violation. tion or expenditure by the corporation or labor organi­ zation, as the case may be, and any person who accepts or receives any contribution, in violation of this section, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if the violation was willful, shall be fined not more than $10,000 or im­ prisoned not more than two years, or both. For the Labor purposes of this section “labor organization” means any organization. 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 griev­ ances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

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. Sec. 314. GENERAL PENALTIES FOR VIOLATIONS. (Feb. 28, 1925, ch. 368, sec. 314, 43 Stat. 1074; 2 U.S.C. §252.) Punishment for violations S e c . 314. (a) Any person who violates any of the not specifically foregoing provisions of this title, except those for which covered. a specific penalty is imposed by sections 312 and 313, shall be fined not more than $1,000 or imprisoned not more than one year, or both. Punishment for willful (b) Any person who willfully violates any of the fore­ violations. going provisions of this title, except those for which a specific penalty is imposed by sections 312 and 313, shall be fined not more than $10,000 and imprisoned not more than two years. Sec. 315. EXPENSES OF ELECTION CONTESTS. (Feb. 28, 1925, ch. 368, sec. 315, 43 Stat. 1074; 2 U.S.C., § 253.) Legal expenses for contests Sec. 315. This title shall not limit or affect the right not affected. of any person to make expenditures for proper legal expenses in contesting the results of an election. FACTUAL CAMPAIGN INFORMATION 65

Sec. 316. STATE LAWS NOT AFFECTED. (Feb. 28, 1925, ch. 368, sec. 316, 43 Stat. 1074; 2 U.S.C., § 254.) S e c . State laws, unless 316. This title shall not be construed to annul inconsistent, not the laws of any State relating to the nomination or elec­ affected. tion of candidates, unless directly inconsistent with the provisions of this title, or to exempt any candidate from complying with such State laws. Sec. 317. PARTIAL INVALIDITY. (Feb. 28, 1925, ch. 368, sec. 317, 43 Stat. 1074; 2 U.S.C., § 255.) S e c . 317. If any provision of this title or the applica- Invalidity of any provision not to tion thereof to any person or circumstance is held invalid, affect remainder the validity of the remainder of the Act and of the ap- of act. plication of such provisions to other persons and cu*- cumstances shall not be affected thereby. Sec. 318. REPEALING CLAUSES. (Feb. 28, 1925, ch. 368, sec. 318, 43 Stat. 1074.) Sec. 318. The following Acts and parts of Acts are Laws repealed. hereby repealed; The Act entitled “ An Act providing for publicity of contributions made for the purpose of influencing elections at which Representatives in Con­ fe s s are elected,” approved June 25, 1910 (chapter 392, Thirty-sixth Statutes, page 822), and the Acts amenda­ 36 Stat. 822. tory thereof, approved August 19, 1911 (chapter 33, Thirty-seventh Statutes, page 25), and August 23, 1912 37 Stat. 25, 360. (chapter 349, Thirty-seventh Statutes, page 360); the Act entitled “ An Act to prevent corrupt practices in the election of Senators, Representatives, or Delegates in Confess,” approved October 16, 1918 (chapter 187, Fortieth Statutes, page 1013); and section 83 of the 40 Stat. 1013. Criminal Code of the United States, approved March 4 1909 (chapter 321, Thirty-fifth Statutes, page 1088). 35 Stat. 1088,1103. Sec. 319. EFFECTIVE DATE. (Feb. 28, 1925, ch. 368, sec. 319, 43 Stat. 1074.) Sec. 319. This title shall take effect thirty days after Effective date. its enactment. Approved, February 28, 1925. 0 5 0 5

T a b l e 1 .— Chronology of the Federal Corrupt Practices Act showing date o f enactment, amendments, codification, and disposition of each section in the United States Code ‘

Unite 1 States Statutes at Large Disposition of section on June 28, Date of enact­ cit ation 1948, upon revision and enact­ Sections ment, amend­ Former United States United States Code, ment into positive law Title 18, ment or codi­ Code citation 1964 ed. United States Code, entitled fication Chapter Section Volume Page “ Crimes and Criminal Pro­ cedure”

Sec. 301...... Feb. 28,1926 368 301 43 1070 Title 2, sec. 256...... Title 2, sec. 256...... Sec. 302...... Feb. 28,1925 368 302 43 1070 Title 2, sec. 241...-...... Title 2, sec. 241...... Sec. 303...... Feb. 28,1025 368 303 43 1071 Title 2, sec. 242...... Title 2, sec. 242...... Sec. 304...... Feb. 28,1925 368 304 43 1071 Title 2, sec. 243...... Title 2, sec. 243...... Sec. 305...... Feb. 28,1925 368 305 43 1071 Title 2, sec. 244...... Title 2, sec. 244...... Sec. 306...... Feb, 28,1925 368 306 43 1072 Title 2, sec. 245...... Title 2, sec. 245...... Sec. 307...... Feb. 28,1925 368 307 43 1072 Title 2, sec. 246...... Title 2, sec. 246...... Sec. 308...... Feb. 28,1925 368 308 43 1072 Title 2, sec. 247...... Title 2, sec. 247...... Sec. 309...... Feb. 28,1925 368 309 43 1073 Title 2, sec. 248...... Title 2, sec. 248...... Sec. 310...... Feb. 28,1925 368 310 43 1073 Title 2, sec. 249...... Repealed but revised, codified, and reenacted into positive law as 18 U.8.C., sec. 599 (new). Repealed but reenacted and Juno 26,1948 645 1,21 62 721 codified in Title 18, United [sec. 699] States Code. 865 Title 18, sec. 699...... Sec. 311...... Feb. 28,1925 368 311 43 1073 Title 2, sec. 250...... Repealed but revised, codified and Repealed but reenacted and reenacted Into positive law as 18 codified In Title 18, United U.S.C.,sec.597(new). States Code...... June 25,1948 645 1,21 62 721 [sec. 597] 865 Title 18, sec. 597--...... Sec. 312*...... Feb. 28,1925 368 312 43 1073 Title 18, sec. 208--...... Repealed but revised, codified and Repealed but reenacted and reenacted into positive law as 18 codified in Title 18, United U.8.C.,sec.602 (new). States Code...... June 25,1948 645 1,21 62 722 [sec. 602] 865 Title 18. sec. 602-...... Sec. 313...... - ...... Feb. 28,1925 368 313 43 1074 Title 2, sec. 251...... Repealed but revised, codified and reenacted into positive law as 18 U.S.C., sec. 610 (new). Amended (temporary)...... June 25,1943 144 9 57 167 Title 2, sec. 251 and title 50 Appendix, sec. 1509. Amended...... June 23,1947 120 304 61 159 Title 2, sec. 251 and title 50 Appendix, sec. 1509. Repealed but reenacted and June 25,1948 646 1.21 62 723 codified In Title 18, United [sec. 610] States Code. 865 Title 18, sec. 610...... Amended...... May 24,1949 139 10 63 90 Title 18, sec. 610...... Amended...... Oct. 31,1951 655 20(C) 65 718 Title 18, sec. 610...... Sec. 314...... Feb. 28,1925 368 314 43 1074 Title 2, sec. 252...... Title 2, sec. 252...... Affected...... June 28,1948 645 1 62 721, 723 Title 2, sec. 252; title 18, No change. The punishment pro­ secs. 597, 599,609. visions remained in 2 U.8.C., sec. 252 but were also incorporated in 18 U.S.C., §S 597 (new), 599 (new), 609 (new). Sec, 315...... Feb. 28,1925 368 315 43 1074 Title 2, sec. 253...... Title 2, sec. 253...... Sec, 316...... Feb. 28,1926 368 316 43 1074 Title 2, sec. 254...... Sec. 317...... Feb. 28,1925 368 317 43 1074 Title 2, sec. 256...... Sec. 318...... Feb, 28.1925 368 318 43 1074 Repealing clauses; not codified. Sec. 319...... Feb. 28,1925 368 319 43 1074 Effective date; not cod­ ified.

1 The Federal Corrupt Practices Act of February 28, 1926, was enacted as title III, * Sec. 312 as enacted on Feb. 28, 1925, was an amendment only to original sec. 11 of the sections 301-319, of chapter 368, 43 Stat. 1070-1074, “ An Act Reclassifying the Salaries of Civil Service Act, also called the Pendleton Act, enacted during the 2d sess. of the 47th postmasters and employees of the Postal Service, readjusting their salaries and compensa­ Cong., effective Jan 18,1883, formerly codified as sec. 118 of the Criminal Code of Mar. 4, tion on an equitable basis, Increasing postal rates to provide for such readjustment, and 1909,36 Stat. 1110. for other purposes.’’

O i < 1 HATCH POLITICAL ACTIVITIES ACT, 1939, AS AMENDED

(AN ACT TO PREVENT PERNICIOUS POLITICAL ACTIVITIES)

[P.L. 252, 76th Cong., August 2, 1939, ch. 410, sec. 1-11, 53 Stat. 1157; as amended by P.L. 753, 76th Cong., July 19, 1940, ch. 640, sec. 1-6, 54 Stat. 767; (and further amended by P.L. 507, 77th Cong., March 27, 1942, ch. 199, title VII, sec. 701, 56 Stat. 181, which expired March 31, 1947, under provisions of P.L. 475, 79th Cong., June 29, 1946, ch. 526, 60 Stat. 345, P.L. 754, 77th Cong., October 24, 1942, ch. 620, 56 Stat. 986; and further amended by P.L. 277, 78th Cong., April 1, 1944, ch. 150, title V, sec. 501, 58 Stat. 148-149, as amended by P.L. 418, 78th Cong., August 21, 1944, ch. 404, 58 Stat. 727, which expired December 31, 1946, by Proclamation of the President No. 2714); P.L. 684, 79th Cong., August 8, 1946, ch. 904, 60 Stat. 937; also cited as United States Code, 1946, title 18, sec. 61-61x, certain provisions of sec. 61h expiring March 31, 1947, under provisions of P.L. 475, 77th Cong., June 29, 1946, ch. 526, 60 Stat. 345, and secs. 61v, 61w, 61x expiring December 31, 1946, by Proclamation of the President No. 2714, as amended by P.L. 772, 80th Cong., 2d sess., June 25, 1948; as amended by P.L, 732, 81st Congress; as amended by P.L. 330, 84th Congress; as amended by P.L. 753, 87th Congress] For disposition of the various sections of the Hatch Political Activities Act by P.L. 772 (H.R. 3190), 80th Cong,, 2d sess., June 25, 1948, see table on page 84. Sec. [1 ] 1 594. INTIMIDATION AND COERCION OF VOTERS IN ELECTIONS OF CERTAIN OFFICERS. (Title 18, U.S.C., § 594, as enacted by P.L, 772, 80th Cong., 2d sess., superseding secs. 1 and 8 of the Act of August 2, 1939, ch. 410, 53 Stat. 1147, 1148, and formerly 18 U.S.C., §§ 61 and 61g.) Elections of Sec. 594. Whoever intimidates, threatens, coerces, or Federal officials. Including Presi­ attempts to intimidate, threaten, or coerce, any other dential electors. person for the purpose of interfering with the right of Intimidation or such other person to vote or to vote as he may choose, coercion of voters by any person or of causing such other person to vote for, or not to vote unlawful. for, any candidate for the office of President, Vice Presi­ dent, Presidential elector, Member of the Senate or Member of the House of Representatives, Delegates or Commissioners from the Territories and Possessions, at any election held solely or in part for the purpose of Penalty. electing such candidate, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

1 Former secs. 1-8, 10-11, 13, 17, and 20 of the Hatch A ct were repealed by P.L. 772, 80th Cong., 2d sess., June 25,1948, which act revised, codified, and enacted into positive law title 18 of the United States Code, entitled “ Crimes and Criminal Procedure.” Secs. 10,11, and 17 were omitted from the revised title 18 for reasons stated in the notes here under the particular section. Secs. 9,12,15-16,18 and 21 of the Hatch Act have been transferred to title 5, Executive Department, United States Code, where they appear as secs. 118i to n inclusive. Sec. 9A was repealed but reenacted in substance by P.L. 330. 84th Cong., 1st sess., August 9,1955. Sec. 14 appears as sec. 118k-3 in 5 U.S. Code 1964 ed. Sec. 594 of title 18 quoted in the text above is based on former secs. 1 and 8 (former secs. 61 and 61g of title 18, U.S.C.) and consolidates these sections with changes in phraseology only. (See 80th Cong., 1st sess., H. Kept. No. 304 on H .R . 3190.) N ote.—References are to U.S. Code, 1964 ed., unless otherwise indicated. 68 FACTUAL CAMPAIGN INFORMATION 69

Sec. [ 2 ] 2 5 9 5 . ADMINISTRATIVE EMPLOYEES OF UNITED STATES OR ANY STATE, USE OF OFFICIAL AUTHORITY TO INFLUENCE ELECTIONS. (Title 18, U.S.C., § 595, as enacted by P.L. 772, 80th Cong., 2d sess., superseding secs. 2 and 8 and incorporating the provisions of secs. 14, 19, and 21 of the Act of August 2, 1939, ch. 410, 53 Stat. 1147, 1148, as amended by the Act of July 19, 1940, ch. 640, 54 Stat. 767; and further amended by the Act of October 24, 1942, ch. 620, 56 Stat. 986 and formerly 18 U.S.C., §§ 61a, 61g, 61n, 61s, and 61u.) Sec. 595. Whoever, being a person employed in any Use of official authority by any­ administrative position by the United States, or by any one in adminis­ trative position department or agency thereof, or by the District of for purpose of Columbia or any agency or instrumentality thereof, or interfering with election unlawful. by any State, Territory, or Possession of the United Includes District of Columbia States, or any political subdivision, municipality, or employees. agency thereof, or agency of such political subdivision or municipality (including any corporation owned or controlled by any State, Territory, or Possession of the United States or by any such political subdivision, mu­ nicipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants Includes employ­ ees of federally made by the United States, or any department or agency financed projects of States and thereof, uses his official authority for the purpose of municipalities. interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice President, Presidential elector. Member of the Senate, Member of the House of Representatives, or Delegate or Resident Commissioner from any Territory or Posses­ Penalty. sion, shall be fined not more than $1,000 or imprisoned not more than one year, or both. This section shall not prohibit or make unlawful any Employees of educational and act by any officer or employee of any educational or research institu­ research institution, establishment, agency, or system tions, etc. which is supported in whole or in part by any State or political subdivision thereof, or by the District of Colum­ bia or by any Territory or Possession of the United States; or by any recognized religious, philanthropic, or cultural organization.

* Sec. 595 quoted in the text above consolidates former secs. 2 and 8 and incorporates secs. 14, 19, and 21 of the Hatch Act. Words “ or agency thereof’’ and words “ or any department or agency thereof’ were inserted to remove any possible ambiguity as to scope of the new section. Definitions of the terms “ department” and “agency” are now found in sec. 6 of title 18, the term “ agency” including any department, independ­ ent establishment, commission, administration, authority, board, or bureau of the United States or any corporation in which the United States has a proprietary interest unless the context shows that such term was intended to be used in a more limited sense. Words “ or by the District of Columbia or any agency or instrumentality thereof” were inserted upon authority of sec. 14 of the Hatch Act which provides that for the purposes of this section “ persons employed in the government of the District of Colum­ bia shall be deemed to be employed in the executive branch of the Government of the United States.” After “ State” the words “ Territory or Possession of the United States” were inserted in two places upon authority of sec. 19 of the Hatch A ct which defines “ State,” as used in this section, as “ any State, Territory, or Possession of the United States.” The punishment provision now found in sec. 595 was derived from former sec. 8 of the Hatch Act, which by reference made the punishment applicable. The second paragraph of sec. 595 Incorporates the provisions of sec. 21 of the Hatch Act. Changes were made in phraseology. (See 80th Cong., 1st sess., H . Rept. N o. 304 on H .R . 3190.) 70 FACTUAL CAMPAIGN INFORMATION

Sec. [ 3 ] 3 600. POLITICAL ACTIVITY; PROMISE OF EMPLOYMENT, COMPENSATION OR OTHER BENEFIT. (Title 18, U.S.C., § 600, as enacted by P.L. 772, 80th Cong., 2d sess., superseding secs. 3 and 8, of the Act of August 2, 1939, ch. 410, 53 Stat. 1147, 1148, and for­ merly 18 U.S.C., §§ 61b and 61g.) Promise of bene­ ec fit of any person S . 600. Whoever, directly or indirectly, promises any as reward for employment, position, work, compensation, or other support of or opposition to benefit, provided for or made possible in whole or in part candidate or political party by any Act of Congress, to any person as consideration, unlawful. favor, or reward for any political activity or for the sup­ port of or opposition to any candidate or any political Penalty. party in any election, shall be fined not more than $1,000 or imprisoned not more than one year, or both. Sec. [ 4 ] ^ 601. SAME; DEPRIVATION OF EMPLOY­ MENT, COMPENSATION OR OTHER BENEFIT. (Title 18, U.S.C., § 601, as enacted by P.L. 772, 80th Cong., 2d sess., superseding secs. 4 and 8, of the Act of August 2, 1939, ch.- 410, 53 Stat. 1147, 1148, and formerly 18 U.S.C., §§ 61c and 61g.) Discrimination in ec work relief, etc., S . 601. Whoever, except as required bylaw, directly on account of or indirectly, deprives, attempts to deprive, or threatens race, creed, etc., unlawful. to deprive any person of any employment, position, work, compensation, or other benefit provided for or made possible by any Act of Congress appropriating funds for work relief or relief purposes, on account of race, creed, color, or any political activity, support of, or opposition to any candidate or any political party in Penalty. any election, shall be fined not more than $1,000 or imprisoned not more than one year, or both. Sec. [ 5 ] 5 604. ASSESSMENTS; CONTRIBUTIONS; SOLICITATION FROM BENEFIT RECIPIENTS. (Title 18, U.S.C., § 604, as enacted by P.L. 772, 80th Cong., 2d sess., superseding secs. 5 and 8, of the Act of August 2, 1939, ch. 410, 53 Stat. 1148, and formerly 18 U.S.C., §§ 61d and 61g.) Contributions, etc., for political Sec. 604. Whoever solicits or receives or is in any purposes from manner concerned in soliciting or receiving any assess­ persons receiving work, relief or ment, subscription, or contribution for any political relief benefit unlawful. purpose from any person known by him to be entitled to, or receiving compensation, employment, or other benefit provided for or made possible by any Act of Congress appropriating funds for work relief or relief purposes, shall be fined not more than $1,000 or imprisoned not Penalty. more than one year, or both. 3 Sec. 600 quoted in the text above is based on and consolidates former secs. 3 and 8 of the Hatch A ct. M inor changes were made in phraseology. (See 80th Cong., 1st sess., H. Kept. No. 304 on H.R. 3190.) ‘ Sec. 601 quoted in the text above is based on and consolidates formers secs. 4 and 8 of the Hatch Act. The words “ except as required by law” were used as sufficient to cover the reference to the exception made to the provisions of subsec. (b), sec. 9, of the Hatch Act which expressly prescribes the circumstances under which a person may be lawfully deprived of his employment and compensation therefor. Changes were made in phraseology. (See 80th Cong., 1st sess., H . Rept. No. 304 on H .R . 3190.) ® Sec. 604 quoted in the text above is based on and consolidates former secs. 5 and 8 of the Hatch Act. M inor changes were made in phraseology. (See 80th Cong., 1st sess., H. Rept. No. 304 on H.R. 3190.) FACTUAL CAMPAIGN INFORMATION 71

Sec. [ 6 ] « 605. LIST OF BENEFIT RECIPIENTS; FURNISHING. (Title 18, U.S.C., § 605, as enacted by P.L. 772, 80tb Cong., 2d sess., superseding secs. 6 and 8, of the Act of August 2, 1939, ch. 410, 53 Stat. 1148 and formerly 18 U.S.C., §§ 61e and 61g.) Sec. 605. Whoever, for political purposes, furnishes or Disclosure of lists or names of discloses any list or names of persons receiving com­ persons on relief for political pensation, employment or benefits provided for or made purposes possible by any Act of Congress appropriating, or au­ unlawful. thorizing the appropriation of finds for work relief or relief purposes, to a political candidate, committee, campaign manager, or to any person for delivery to a political candidate, committee or campaign manager; and Whoever receives any such list or names for political Receipt of list purposes— unlawful. Shall be fined not more than $1,000 or imprisoned not Penalty. more than one year, or both. Sec. [ 7 ] 7 598. APPROPRIATIONS, OFFICIAL AU­ THORITY; USE IN COERCING VOTERS. (Title 18, U.S.C., § 598, as enacted by P.L. 772, 80th Cong., 2d sess., superseding secs. 7 and 8, of the Act of August 2, 1939, ch. 410, 53 Stat. 1148 and formerly 18 U.S.C., §§ 61f and 61g.) ec Relief, etc., funds, S . 598. Whoever uses any part of any appropriation providing loans made by Congress for work relief, relief, or for increasing for public-works projects, use to employment by providing loans and grants for public- coerce or restrain works projects or exercises or administers any authority voters unlawful. conferred by any Appropriation Act for the purpose of interfering with, restraining, or coercing any individual in the exercise of his right to vote at any election, shall be fined not more than $1,000 or imprisoned not more Penalty, than one year, or both. Sec. [ 8] 8 5 9 4 , 5 9 5 , 5 9 3 , 600, 601, 604, 605. PEN­ ALTIES. (Sec. 8, of the Act of Aug. 2, 1939, ch. 410, 53 Stat. 1148 formerly 18 U.S.C., § 61 g was repealed by P.L. 772, 80th Cong., 2d sess., but was reenacted and consolidated with former sections 1-7 of the Act of August 2, 1939, as title 18, U.S.C., §§ 595, 598, 600, 601, 604, and 605.)

* Sec. 605 quoted in the text above is based on and consolidates former secs. 6 and 8 of the Hatch Act. Reference to persons aiding or assisting, contained in words “ or to aid or assist in furnishing or disclosing” was omitted as unnecessary as such persons are made principals by sec. 2 of title 18; “ (a) Whoever commits an offense against the United States, or aids, abets, counsels, commands, induces, or procures its commission is a principal, (b) Whoever causes an act to be done, which it directly performed by him would be an offense against the United States, is also a principal and punishable as such.” Changes were made in phraseology. (See 80th Cong., 1st sess. H. Kept. No. 304 on H .R . 3190.) ’ Sec. 598 quoted in the text above is based on and consolidates former secs. 7 and 8 of the Hatch Act with changes of phraseology necessary to effect the consolidation. The punishment provision was derived for former sec. 8 of the Hatch A ct which, b y reference, was made applicable to this section. (See 80th Cong., 1st sess., H. Rept. No. 304 on H .R . 3190.) * For disposition of sec. 8 see secs. [1] 594, [2] 595, [3] 600, [4] 601, [5] 604, [6] 605, and [7] 598. Sec. 8 of the Hatch Act, providing a penalty for violation of secs. 1 through 7 was repealed b y P .L . 772, 80th Cong., 2d sess., but was reenacted as a penalty provision in title 18, U.S.C., §§ 594, 595, 598, 600, 601, 604, and 605. (See 80th Cong., 1st sess,, H. Rept. No. 304 on H .R. 3190.) 72 FACTUAL CAMPAIGN INFORMATION

Sec. 9.® EXECUTIVE EMPLOYEES; USE OF OFFICIAL AUTHORITY; POLITICAL ACTIVITY; PENALTIES. (Aug. 2, 1939, ch. 410, sec. 9, 53 Stat. 1148, 1149; as amended July 19, 1940, ch. 640, sec. 2, 54 Stat. 767; and further amended Mar. 27, 1942, ch. 199, title VII, sec. 701, 56 Stat. 176, 181; June 29, 1946, ch. 526, sec. 1, 60 Stat. 345; Aug. 8, 1946, ch. 904, 60 Stat. 937; Mar. 31, 1947, ch. 29, sec. 3, 61 Stat. 34; July 15, 1947, ch. 248, sec. 3, 61 Stat. 321, 322; Aug. 25, 1950, ch. 784, sec. 1, 64 Stat. 475; 5 U.S.C. 1964 ed. § 118i or revised Title 5 §§ 7324-25, 7327(a).) Employees of executive depart­ S e c . 9. (a) It shall be unlawful for any person em­ ments, etc. ployed in the executive branch of the Federal Govern­ ment, or any agency or department thereof, to use his Interference in an election unlawful. official authority or influence for the purpose of inter­ fering with an election or affecting the result thereof. Taking any active No officer or employee in the executive branch of the part in political management or Federal Government, or any agency or department campaigns forbidden. thereof, shall take any active part in political manage­ ment or in political campaigns. All such persons shall Exceptions. retain the right to vote as they may choose and to express their opinions on all political subjects and can­ Right to vote, etc. didates. For the purposes of this section the term “ officer" or “ employee" shall not be construed to include President and (1) the President and Vice President of the United States; Vice President, and Executive (2) persons whose compensation is paid from the appro­ Office personnel. priation for the office of the President; (3) heads and Heads, etc., of assistant heads of executive departments; (4) officers departments. who are appointed by the President, by and with, the advice and consent of the Senate, and who determine Policy-deter­ policies to be pursued by the United States in its relations mining officers. with foreign powers or in the Nation-wide administration Employees of of Federal laws. The provisions of the second sentence Alaska Railroad. of this subsection shall not apply to the employees of the Alaska Railroad, residing in municipalities on the line of the railroad, in respect to activities involving the municipality in which they reside.

• Sec. 9 was enacted August 2,1939, and formerly appeared as sec. 61h of title 18, U.S. Code, 1940 ed., but was excluded from title 18 and recommended for transfer to title 5 upon the revision and codification of title 18 by Public Law 772 (H. R. 3190), 80th Cong., 2d sess., June 25,1948, ch. 645,62 Stat. 683. Sec. 9 appears as sec. 118i in title 5, U.S. Code, 1964 ed. Subsec. (a) amended July 19,1940, to give all such persons the right “ to express their opinions on all political subjects and candidates” (54 Stat. 767). Subsec. (a) amended March 27,1942, by the Second War Powers A ct to except part- time officers and employees serving without compensation or nominal compensation during World War II (56 Stat. 181). The amendment of March 27,1942, was temporary but was extended on June 29,1946 (60 Stat. 345), until March 31,1947. The amendment of March 27,1942, was specifically excluded from any extension of time beyond March 31, 1948, by the First and Second Decontrol Acts of March 31 and July 15,1947 (61 Stat. 34, 321,322). Subsec. (a) amended August 8, 1946, to exempt employees of the Alaska Railroad residing in municipalities on the lines of the railroad from the prohibition against taking active part in political management or campaigns, such exemption extending only in respect to activities involving the municipality in which they reside (60 Stat. 937). Subsec. (b) amended August 25, 1950, to give the Civil Service Commission limited discretion in the imposition of penalties and removed the restriction against reemploy­ ment (64 Stat. 475). Subsec. (b) further amended, October 5, 1%2, to reduce the mandatory suspension period from 90 days to 30 days (76 Stat. 750). Subsec. (c) added August 25,1950, to require the Civil Service Commission to make annual reports to Congress on any action taken pursuant to sec. 9 (64 Stat. 475). FACTUAL CAMPAIGN INFORMATION 73

Penalty for viola­ (b) Any person violating the provisions of this section tion of sec. 9a. shall be removed immediately from the position or offi ce held by him, and thereafter no part of the funds appro­ priated by any Act of Congress for such position or office shall be used to pay the compensation of such person: Provided, however, That the United States Civil Service Commission finds by unanimous vote that the violation does not warrant removal, a lesser penalty shall be im­ posed by direction of the Commission: Provided further. That in no case shall the penalty be less than thirty days’ suspension without pay: And provided further, That in the case of any person who has heretofore been removed from the service under the provisions of this section, the Commission shall upon request of said person reopen and reconsider the record in such case. If it shall find by a unanimous vote that the acts committed were such as to warrant a penalty of less than removal it shall issue an order revoking the restriction against reemploy­ ment in the position from which removed, or in any other position for which he may be qualified, but no such revocation shall become effective until at least ninety days have elapsed following the date of the removal of such person from office. Reports of action (c) At the end of each fiscal year the Commission taken under sec. shall report to the President for transmittal to the 9a. Congress the names, addresses, and nature of employ­ ment of all persons with respect to whom action has been taken by the Commission under the terms of this sec­ tion, with a statement of the facts upon which action was taken, and the penalty imposed. Sec. [ 9 A ] 10 FEDERAL EMPLOYEES; MEMBERSHIP IN POLITICAL PARTY OR ORGANIZATION ADVOCAT­ ING OVERTHROW OF UNITED STATES GOVERNMENT; PROHIBITION; PENALTIES. (Aug. 2, 1939, ch. 410, sec. 9A, 53 Stat. 1147, 1148; 5 U.S.C. 1964 ed. 118j; repealed Aug. 9, 1955, by clause 2 of sec. 4 of P.L. 330, 84th Cong., 1st sess., ch. 690 but reenacted in substance by clause (2) of sec. 1 of P.L. 330 [H . Kept. No. 1152 and S. Rept. No. 1256 on H.R. 6590, 84th Cong., 1st sess.].) (See pp. 81 and 82 of this pamphlet.) Sec. £ 1 0 ] EFFECT ON EXISTING LAW. (Aug. 2, 1939, ch. 410, sec. 10, 53 Stat. 1147, 1149; as amended, 54 Stat. 767; formerly 18 U.S.C., § 61j.) Sec. £ 1 1 ] - SEPARABILITY CLAUSE. (53 Stat. 1149; formerly 18 U.S.C., § 61k.)

•0 Formerly sec. 61i of title 18, U.S.C., 1940 ed. •• Former sec. 10 of the Hatch A ct was repealed by P.L. 772,80th Cong., 2d sess. The section was omitted as unnecessary because in the enactment of the revision of title 18 all old sections included in the new title are on an equal basis and speak as of the date of the enactment under authority of United States v. Bowen (100 U.S. 508), construing the Revised Statutes. (See 80th Cong., 1st sess., H . Rept. No. 304 on H .R . 3190.) 12 Former sec. 11 of the Hatch Act was repealed b y P.L. 772,80th Cong., 2d sess. The section was omitted as unnecessary because sec. 18 of the P.L. 772 provides for separa­ bility of provision with respect to the entire new title 18. (See 80th Cong., 1st sess., H. Rept. No. 304 on H.R. 3190.) 74 FACTUAL CAMPAIGN INFORMATION

Sec. 12.13 e m p l o y e e s OF STATE OR LOCAL AGEN­ CIES FINANCED BY LOANS OR GRANTS FROM UNITED STATES— INFLUENCING ELECTIONS; OFFICER OR EMPLOYEE DEFINED. (Added July 19, 1940, ch. 640, sec. 4, 54 Stat, 767; amended June 25, 1948, ch. 646, sec. 32(a), 62 Stat. 991, and further amended May 24, 1949, ch. 139, sec. 127, 63 Stat. 107, and June 11, 1960, P.L. 86-507, sec. 1(1), 74 Stat. 200; 5 U.S.C., 1964 ed., § 118k or revised Title 5 §§ 1501-1508.) Interference with S ec. 12. (a) No officer or employee of any State or an election, etc., by certain State local agency whose principal employment is in connec­ employees tion with any activity which is financed in whole or in forbidden. part by loans or grants made by the United States or by Use of official any Federal agency shall (1) use his official authority or authority, influence. influence for the purpose of interfering with an election or a nomination for office, or affecting the result thereof, Coercion, etc., or (2) directly or indirectly coerce, attempt to coerce, to contribute part of salary. command, or advise any other such officer or employee to pay, lend, or contribute any part of his salary or compensation or anything else of value to any party, committee, organization, agency, or person for political Active political participation. purposes. No such officer or employee shall take any active part in political management or in political cam­ Right to vote, etc. paigns. AU such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates. For the purposes of Officer or em­ ployee construed; the second sentence of this subsection, the term “ officer restriction. or employee” shall not be construed to include (1) the Governor or the Lieutenant Governor of any State or any person who is authorized by law to act as Governor, or the mayor of any city; (2) duly elected heads of executive departments of any State or municipality who are not classified under a State of municipal merit or civil-service system; (3) officers holding elective offices. Report of viola­ (b) If any Federal agency charged with the duty of tions to U.S. Civil Service making any loan or grant of funds of the United States Commission. for use in any activity by any officer or employee to whom the provisions of subsection (a) are applicable has reason to believe that any such officer or employee has violated the provisions of such subsection, it shall make a report with respect thereto to the United States Civil Service Hearings by Commission (hereinafter referred to as the “ Commis­ Commission; Notification. sion” )* Upon the receipt of any such report, or upon the receipt of any other information which seems to the Commission to warrant an investigation, the Commission shall fix a time and place for a hearing, and shall by registered mail or by certified mail send to the officer or employee charged with the violation and to the State or local agency employing such officer or employee a notice setting forth a summary of the alleged violation and the time and place of such hearing. At such hearing (which shall be not earlier than ten days after the mailing of such

** Formerly sec. 611 of title 18, U.S.C.. 1940 ed. FACTUAL CAMPAIGN INFORMATION 75 notice), either the officer or employee or the State or local agency, or both, may appear with counsel and be heard. Af ter such hearing, the Commission shall determine Findings and whether any violation of such subsection has occurred notification of employee and and whether such violation, if any, warrants the removal State. of the officer or employee by whom it was committed from his office or employment, and shall by registered mail or by certified mail notify such officer or employee and the appropriate State or local agency of such deter­ mination. If in any case the Commission finds that Employees not removed from such officer or employee has not been removed from his office within office or employment within thirty days after notice of stated period; withholding of a determination by the Commission that such violation Federal funds. warrants his removal, or that he has been so removed and has subsequently (within a period of eighteen months) been appointed to any office or employment in any State or local agency in such State, the Commission shall make and certify to the appropriate Federal agency an order requiring it to withhold from its loans or grants to the State or local agency to which such notification Amount to be was given an amount equal to two years’ compensation withheld. at the rate such officer or employee was receiving at the time of such violation; except that in any case of such a Exception. subsequent appointment to a position in another State or local agency which receives loans or grants from any Federal agency, such order shall require the withholding of such amount from such other State or local agency: Proviso. Provided, That in no event shall the Commission require When funds not any amount to be withheld from any loan or grant to be withheld. pledged by a State or local agency as security for its bonds or notes if the withholding of such amount would jeopardize the payment of the principal or interest on Notice to state, such bonds or notes. Notice of any such order shall be etc., agency. sent by registered mail or by certified mail to the State or local agency from which such amount is ordered to be withheld. The Federal agency to which such order is certified shall, after such order becomes final, withhold such amount in accordance with the terms of such order. Except as provided in subsection (c), any determination or order of the Commission shall become final upon the expiration of thirty days after the mailing of notice of such determination or order. Petition for court (c) Any party aggrieved by any determination orreview. order of the Commission under subsection (b) may, within thirty days after the mailing of notice of such determination or order, institute prqcee^ gs for the review thereof by filing a written petition in the district court of the United States for the district in which such officer or employee resides; but the commencement of Stay of deter­ such proceedings shall not operate as a stay of such de­ mination or termination or order unless (1) it is specifically so ordered order. by the court, and (2) such officer or employee is sus­ pended from his office or employment during the pend­ 76 FACTUAL CAMPAIGN INFORMATION

ency of such proceedings. A copy of such petition shall forthwith be served upon the Commission, and thereupon Transcript of record. the Commission shall certify and file in the court a tran­ script of the record upon which the determination or Review upon the order complained of was made. The review by the entire record. court shall be on the record entire, including all of the evidence taken on the hearing, and shall extend to ques­ tions of fact and questions of law. If application is Additional made to the court for leave to adduce additional evidence, evidence. and it is shown to the satisfaction of the court that such additional evidence may materially affect the result of the proceedings and that there were reasonable grounds for failure to adduce such evidence in the hearing before the Commission, the court may direct such additional evidence to be taken before the Commission in such manner and upon such terms and conditions as to the Modification of court may seem proper. The Commission may modify Commission’s order. its findings of fact or its determination or order by reason of the additional evidence so taken and shall fil e with the court such modified findings, determination, or order, and any such modified findings of fact, if supported by substantial evidence, shall be conclusive. The court

Affirmation by shall affirm the Commission's determination or order, court. or its modified determination or order, if the court de­ termines that the same is in accordance with law. If the court determines that any such determination or order, or modified determination or order, is not in ac­ Remanding of proceeding to cordance with law, the court shall remand the proceed­ Commission. ings to the Commission with directions either to make such determination or order as the court shall determine to be in accordance with law or to take such further

Finality judg­ proceedings as, in the opinion of the court, the law ment and decree: requires. The judgment and decree of the court shall review. be final, subject to review by the appropriate circuit court of appeals as in other cases, and the judgment and decree of such circuit court of appeals shall be final, subject to review by the Supreme Court of the United States on certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended When designated (U.S.C., 1934 ed., title 28, §§ 346 and 347, now covered provision held by U.S.C., 1964 ed., title 28, § 1254). If any provision of invalid, effect. this subsection is held to be invalid as applied to any party with respect to any determination or order of the Commission, such determination or order shall thereupon become final and effective as to such party in the same Rules and manner as if such provision had not been enacted. regulations. (d) The Commission is authorized to adopt such reasonable procedure and rules and regulations as it deems necessary to execute its functions under this Attendance of witnesses, etc. section. The Civil Service Commission shall have power to require by subpena the attendance and testimony of witnesses and the production of all documentary evi­ dence relating to any matter pending, as a result of this Act, before the Commission. Any member of the Com- FACTUAL CAMPAIGN INFORMATION 77 le s io n may sign subpenas, and members of the Commis­ Oaths, examina­ tion of witnesses, sion may administer oaths and affirmations, examine etc. witnesses, and receive evidence. Such attendance of witnesses and the production of such documentary evi­ dence may be required from any place in the United States at any designated place of hearing. In case of disobedience to a subpena, the Commission may invoke Enforcement of the aid of any court of the United States in requiring subpenas. the attendance and testimony of witnesses and the pro­ duction of documentary evidence. Any of the district courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of con­ tumacy or refusal to obey a subpena issued to any per­ son, issue an order requiring such person to appear be­ fore the Commission, or to produce documentary evi­ dence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a con­ tempt thereof. The Commission may order testimony to be taken by deposition in any proceeding or investi­ Depositions. gation, which as a result of this Act, is pending before the Commission at any stage of such proceeding or in­ vestigation. Such depositions may be taken before any person designated by the Commission and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall then be subscribed by the depo­ nent. Any person may be compelled to appear and depose and to produce documentary evidence before the Commission as hereinbefore provided. No person shall be excused from attending and testifying or from pro­ Incriminating ducing documentary evidence or in obedience to a sub­ evidence. pena on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or for­ feiture for or on account of any transaction, matter, or thing concerning which he is compelled to testify, or produce evidence, documentary or otherwise, before the Commission ia obedience to a subpena issued by it: Provided, That no person so testifying shall be exempt Proviso. from prosecution and punishment for perjury committed Perjury. in so testifying. Provisions (e) The provisions of the first two sentences of sub­ inapplicable. section (a) of this section shall not apply to any officer or employee who exercises no functions in connection with any activity of a State or local agency which is financed in whole or in part by loans or grants made by the United States or by any Federal agency. (f) For the purposes of this section— State or local (1) The term '‘State or local agency” means theagency defined executive branch of any State, or of any municipality or other political subdivision of such State, or any agency or department thereof.

93-558 0 — 68------6 78 FACTUAL CAMPAIGN INFORMATION

Federal agency defined. (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). SEC. [1 3 1 608.'" FINANCIAL AID TO CANDIDATES— CONTRIBUTIONS. (Title 18 U.S.C., § 608, as enacted by P.L. 772, 80th Cong., 2d sess., June 25, 1948, ch. 645, 62 Stat. 723; superseding sec. 13, as added July 19, 1940, ch. 640, sec. 4, 54 Stat. 767, 770, formerly title 18 U.S.C., § 61m.) Contribution to Sec. 608. (a) Whoever, directly or indirectly, makes candidate or committee, etc., contributions in an aggregate amount in excess of $5,000 in excess of $5,000 unlawful. 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 Presi- dental and Vice Presidential electors, or to or on behalf of any committee or other organization engaged in fur­ thering, 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

Penalty. than $5,000 or imprisoned not more than five years, or both. Contributions to This subsection shall not apply to contributions made or by State or local committees, to or by a State or local committee or other State or local etc., excepted. organization or to similar committees or organizations in the District of Columbia or in any Territory or Possession of the United States. Certain purchases (b) Whoever purchases or buys any goods, commodi­ of goods, adver­ tising, etc., ties, advertising, or articles of any kind or description, unlawful. the proceeds of which, or any portion thereof, directly or indirectly 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 Presiden­ tial electors or any political committee or other political organization engaged in furthering, advancing, or advo­ cating the nomination or election of any candidate for any such office or the success of any national political

Sec. 608 quoted above in the text is based on former sec. 13 of the Hatch Act. Refer­ ences to “ pernicious political activity” were omitted in the revision of title 18, U.S.C., as enacted by P.L, 772, 80th Cong., 2d sess. The punishment provision of this section, which formerly appeared as first sentence of subsec. (d) of former see. 13 of the Hatch Act, is set out at the end of the first para- graphs of subsecs, (a) and (b), respectively. Words “ or both” were added to the pun­ ishment provisions in two places, to conform to the almost universal formula of this title. T o improve style the last sentence o f subsec. (a) was made a paragraph and the words “ or to similar committees or organizations in the District of Columbia or In any Terri­ tory or Possession of the United States” were added at the end of it. These words were added upon authority of definition of “ State” in subsec. (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 con­ tributions 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 com­ mittees 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 unneces­ sary 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 “ contribu­ tion” 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), such definition is not repeated in this section, but the definition as contained in 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. FACTUAL CAMPAIGN INFORMATION 79 party, shall be fined not more than $5,000 or imprisoned Penalty. not more than five years, or both. This subsection shall not interfere with the usual and Noninterference with candidate’s known business, trade, or profession of any candidate. business, etc. Violation by (c) In all cases of violations of this section by a part­ partnership etc. nership, committee, association, corporation, or other organization or group of persons, the officers, directors, or managing heads thereof who knowingly and wilfully participate in such violation, shall be punished as herein provided. (d) The term “ contribution,” as used in this section, Contribution defined. shall have the same meaning prescribed by section 591 of this title. CROSS REFERENCE For definition of term “ Contribution” see, supra, § 591 of title 18, United States Code, following section 302 of the Corrupt Practices Act. Sec. 14.15 DISTRICT OF COLUMBIA EMPLOYEES DEEMED EMPLOYED IN EXECUTIVE BRANCH; EX­ CEPTION. (Added July 19, 1940, ch. 640, sec. 4, 54 Stat. 767, 771; 5 U.S.C., 1964 ed., § 118k-3 or revised Title 5 § 7324.) S e c . District of 14. For the purposes of this Act, persons employed Columbia em­ in the government of the District of Columbia shall be ployees covered deemed to be employed in the executive branch of the by Act. Government of the United States, except that for the Exception: District Com­ purposes of the second sentence of section 9(a) the Com­ missioners and missioners and the Recorder of Deeds of the District of Recorder of Columbia shall not be deemed to be officers or employees. Deeds. Sec. 15.16 a c tiv it ie s PROHIBITED ON PART OF CIVIL-SERVICE EMPLOYEES AS PROHIBITED ON PART OF OTHER GOVERNMENT AND STATE EMPLOYEES. (Added July 19, 1940, ch. 640, sec. 4, 54 Stat. 767, 771; 5 U.S.C., 1964 ed., § 1181 or revised Title 5 §§ 1501 (5), 7324 (a) (2).) ec Taking active S . 15. The provisions of this Act which prohibit part in political persons to whom such provisions apply from ta l^ g any management, etc., deemed active part in political management or in political to include activities campaigns shall be deemed to prohibit the same activities prohibited by on the part of such persons as the United States Civil Commission. 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 prohibit-

** Sec. 14 of the Hatch Act providing that District of Columbia employees be included within the provisions of the act was added July 19,1940, and formerly appeared as sec. 61n of title 18, U.S. Code in both 1940 and 1946 eds. Sec. 14 was excluded from title 18 and left dangling without recommendation for transfer to title 5 upon the revision and codification of that title by P.L. 772 (H .R . 3190), 80th Cong., 2d sess., June 25, 1948, ch. 645, 62 Stat. 683. Sec. 14 was omitted from the 1952 ed. of the U.S. Code and presently appears as sec. 118k-3 of U.S. Code, 1964 ed.. title 5. In the revision of title 18, U.S. Code on June 25, 1948, upon authority of sec. 14 the words “ or by the District of Columbia or any agency or instrumentality thereof” were inserted in sec. 595 (new) of title 18. (See note to sec. [2] 595.) >8 Sec. 15 was added July 19, 1940, and formerly appeared as sec. 61o of title 18. U.S. Code, 1940 ed., but was excluded from title 18 and recommended for transfer to title 5 upon the revision and codification of title 18 by P.L. 772 (H.R. 3190), 80th Cong., 2d sess., June 25, 1948, ch. 645, 62 Stat. 683. Sec. 15 appears as sec. 1181 in title 5, U.S. Code, 1964 ed. 80 FACTUAL CAMPAIGN INFORMATION

ing such employees from taking any active part in politi­ cal management or in political campaigns. Sec. 16.17 POLITICAL CAMPAIGNS IN LOCALITIES WHERE MAJORITY OF VOTERS ARE GOVERNMENT EMPLOYEES. (Added July 19, 1940, ch. 640, sec. 4, 54 Stat. 767, 771; 5 U.S.C., 1964 ed., § 118m or revised Title 5 § 7327.) Certain residents of municipalities S e c . 16. Whenever the United States Civil Service in Immediate vicinity of D.C., Commission determines that, by reason of special or un­ etc. usual circumstances which exist in any municipality or Political activi­ ties, when other political subdivision, in the immediate vicinity of permitted. 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 pro­ visions 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 management or in political campaigns involving such municipality or Regulation by Commission. political subdivision, the Commission is authorized to promulgate regulations permitting such persons to take an active part in such political management and political campaigns to the extent the Commission deems to be in the domestic interest of such persons. Sec. [ 17]18 STATE EMPLOYEES RUNNING FOR PUBLIC OFFICE; RESIGNATION UPON ELECTION. (Added July 19, 1940, ch. 640, sec. 4, 54 Stat. 767, 771; former 18 U.S.C., §61q; now repealed (see note 18 below).) Sec. 18.'® ELECTIONS NOT SPECIFICALLY IDENTI- FIED WITH NATIONAL OR STATE ISSUES OR POLITI­ CAL PARTIES. (Added July 19, 1940, ch. 640, sec. 4, 54 Stat. 767, 772; 5 U.S.C., 1964 ed., § 118n or revised Title 5 §§ 1503, 7326.) Political activities S e c . 18. Nothing in the second sentence of section in connection with designated 9(a) or in the second sentence of section 12(a) of this elections, etc., not prohibited. Act shall be construed to prevent or prohibit any person ” Sec. 16 was added July 19,1940, and formerly appeared as sec. 61p of title 18, U.S. Code, 1940 ed., but was excluded from title 18 and recommended for transfer to title 5 upon the revision and codification of title 18 by P.L. 772 (H .R . 3190), 80th Cong., 2d sess., June 25, 1948, ch. 645, 62 Stat. 683. Sec. 16 appears as sec. 118m in title 5, U.S. Code, 1964 ed. •s Former sec. 17 of the Hatch Act was repealed by P.L. 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). n Sec. 18 was added July 19,1940, and formerly appeared as sec. 61r of title 18, U.S. Code, 1940 ed., but was excluded from title 18 and recommended for transfer to title 5 upon the revision and codification of title 18 by P.L. 772 (H .R. 3190), 80th Cong., 2d sess., June 25,1948, ch. 645,62 Stat. 683. Sec. 18 appears as sec. 118n in title 5 U.S. Code, 1964 ed. FACTUAL CAMPAIGN INFORMATION 81 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 represent­ ing 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 con­ nection with any question which is not specifically identi­ fied with any National or State political party. For the Referendums, etc. purposes of this section, questions relating to constitu­ 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. State defined Sec. 19.20 DEFINITION OF TERM “ STATE” . (Added to include Territories and July 19, 1940, ch. 640, sec. 4, 54 Stat. 771; 5 U.S.C., Possessions. 1964 ed., § 118k-2.) Sec. 19. As used in this Act (§§ 118i-118n of title 5) the term “ State” means any State, Territory, or Posses­ sion of the United States. Sec. [ 2 0 ] 21 609. MAXIMUM CONTRIBUTIONS TO AND EXPENDITURES BY POLITICAL COMMITTEES; PENALTIES. (Title 18 U.S.C., § 609, as enacted by P.L. No. 772, 80th Cong., 2d sess., superseding sec. 20, ch. 410, 53 Stat. 1147-1149, as added July 19, 1940, ch. 640, sec. 6, 54 Stat. 767, 772; former 2 U.S.C., § 252 and 18 U.S.C., § 61t.) Sec. 609. No political committee shall receive con­ tributions aggregating more than $3,000,000, or make expenditures, aggregating more than $3,000,000, during any calendar year.

20 Sec. 19 of the Hatch Act defining the term “ State” was added July 19, 1940, and formerly appeared as sec. 61s of title 18, U.S. Code, in both 1940 and 1946 eds. Sec. 19 was excluded from title 18 upon revision and codification of that title by P.L. 772 (H.R. 3190), 80th Cong., 2d sess., June 25, 1948, ch. 645, 62 Stat. 683. Sec. 19 appears as sec. 118k-2 of title 5, U.S. Code, 1964 ed. In the revision of title 18, U.S. Code, on June 25,1948, upon authority of sec. 19 the words “ Territory or Possession of the United States” were inserted in two places in sec. 595 (new) of title 18. (See note to sec. [21 595.) n Sec. 609 is based on former 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 violations 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.) 82 FACTUAL CAMPAIGN INFORMATION

Receipts and For the purposes of this section, any contributions expenditures of political com­ received and any expenditures made on behalf of any mittees in excess of $3,000,000 political committee with the knowledge and consent of forbidden. the chairman or treasurer of such committee shall be deemed to be received or made by such committee. Violations. Any violation of this section by any political committee shall be deemed also to be a violation by the chairman

Penalty. and the treasurer of such committee and by any other person responsible for such violation and shall be punish­ able by a fine of not more than $1,000 or imprisonment of not more than one year, or both; and, if the violation was wilful, by a fine of not more than $10,000 or im­ prisonment 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; state­ ments; limitations upon expenditures see, supra, sections 303-309 of the Corrupt Practices Act. Sec. 21.22 ACTIVITIES OF EMPLOYEES OF EDUCA­ TIONAL AND RESEARCH INSTITUTIONS, ETC. (Added Oct. 24, 1942, ch. 620, 56 Stat. 986; 5 U.S.C., 1964 ed., § 118k-l or revised Title 5 §§ 1501(4)(b), 7324(c) ) Sec. 21. Nothing in sections 9(a) or 9(b), or 12 of this Act shall be deemed to prohibit or to make unlaw­ ful the doing of any act, by any officer or employee of any educational or research institution, establishment, agency, or system which is supported in whole or in part by any State or political subdivision thereof, or by the District of Columbia or by any Territory or Territorial possession of the United States; or by any recognized religious, philanthropic, or cultural organization.

22 Sec. 21 was added October 24, 1942, and formerly appeared as sec. 61u of title 18, U.S. Code, 1940 ed., Supp. V (1941-1946), but was excluded from title 18 and left dangling without recommendation for transfer to title 5 upon the revision and codification of title 18 by P .L . 772 (H .R . 3190), 80th Cong., 2d sess., June 25, 1948, ch. 645, 62 Stat. 683. Sec. 21 appears as sec. 118k-l in title 5 U.S. Code 1964 ed. In the revision of title 18 on June 25, 1948, upon authority of sec. 21 of the second paragraph of sec. 595 (new) was inserted. (See note to sec. [2 ] 595.) FACTUAL CAMPAIGN INFORMATION 83

Sec. [ 2 2 ] 23 POLITICAL ACTIVITY AFFECTING MEMBERS OF ARMED FORCES; EXCEPTIONS. (Added Apr. 1, 1944, ch. 150, Title V, sec. 501, 58 Stat. 136, 148; amended and made temporary Aug. 21, 1944, ch. 404, secs. 1-2, 53 Stat. 727-728; formerly 18 U.S.C., § 61v.) Sec. [ 2 3 ] 23 LIMITATION ON CENSORSHIP OF POLITICAL LITERATURE, ARGUMENTS, OR OTHER MATTER ADDRESSED TO MEMBERS OF ARMED FORCES. (Added Apr. 1, 1944, ch. 150, Title V, sec. 501, 58 Stat. 136, 149; made temporary Aug. 21, 1944, ch. 404, sec. 2, 53 Stat. 727, 728; formerly 18 U.S.C., § 61w.) Sec. [ 2 4 ] 24 PENALTY FOR VIOLATION OF SEC­ TIONS 22 or 23. (Added Apr. 1, 1944, ch. 150, Title V, sec. 501, 58 Stat. 136, 149; formerly 18 U.S.C., §61x.) Sec. [ 2 5 ] 25 EXPIRATION DATE OF SECTIONS 22 and 23. (Added Aug. 21, 1944, ch. 404, sec. 2, 52 Stat. 727, 728.)

23 Secs. 22 and 23 were added as part of sec. 601, Title V, the Federal Soldiers Voting Law of April 1,1944. Sec. 22 appeared as sec. 61v of title 18, U.S. Code, 1940 ed., Supp. V (1941-1946). Secs 22 and 23 were made temporary on August 21, 1944, by sec. 25 (53 Stat. 728) and expired 6 months after termination of hostilities in World War II by Presidential Proclamation No. 2714, December 31, 1946. 2« Sec. 24 was added along with secs. 22 and 23 and contained the penalty provisions for violation of those sections. Sec. 24 expired with secs. 22 and 23. 23 Sec. 25 was added August 21, 1944, fixing the termination date for secs. 22 and 23 upon the expiration of 6 months after end of hostilities as proclaimed. Sec. 25 expired with secs. 22-24.

NOTICE OF CHANGES IN CITATIONS TO STATUTES On September 6, 1966, the Hatch Political Activities Act and related laws were revised and reenacted into a new title 5 of the United States Code. The table below is for temporary reference in identifying former provisions of the law as they now appear in the new title 5. The revisions in 1966 did not make any substantive changes in the law.

Hatch Act Former title 5 Title 5, United States Code, as revised

Sec. 9(a) and (b )______118i...... 7324-25, 7327(a). Sec. 12 118k 1501-1508.1 Sec. 14 . . . . 118k-3...... 7324, Sec. 15. __ - ______118f...... 1501(5), 7324(a)(2). Sec. 1 6 ...... 118m...... - ...... 7327. Sec. 18 118n ...... 1503, 7326. Sec. 21 . . . . 118k-l...... 1501(4) (b), 7324(c).

1 5 U.S.C. 1501-1508 are the political activity provisions that apply to certain State and local employees. T a b l e 2 ,— The Hatch Political Activities Act, with amendments, including changes as effected by Public Law 772 {H.R. 3190), 80th Cong., 2d sess., June 25,1948, an act to revise, codify, and enact into 'positive law title 18 of the United States Code, entitled “ Crimes and Criminal Procedure”

Date of en­ United States St atutes at L arge actment, citat on Former United States Code Effect of revi­ Disposition of section by Public Law 772 Hatch Act sections amendment citation sion on section and appearance in United States Code, or codifica­ 1964 ed. tion Chapter Section Volume Page

Sec. 1...... Aug. 2,1939 410 1 63 1147 Title 18, sec. 61...... Repealed...... 18 U.S.C., see. 694 (new). Sec. 2...... Aug. 2,1939 410 2 53 1147 Amended...... July 19,1940 640 1 54 767 Title 18, sec. 61 a, g, n, s, v — Repealed...... 18 U.S.C., sec. 595 (new). Sec. 3...... Aug. 2,1939 410 3 53 1147 Title 18, sec. 61 b, g ...... 18 U.S.C., sec. 600 (new). Sec. 4...... Aug. 2,1939 410 4 53 1147 Title 18, sec. 61 c, g ...... 18 U.S.C., sec. 601 (new). Sec. 6...... Aug. 2,1939 410 6 53 1148 Title 18, sec, 61 d, g ...... ____ d o...... 18 U.S.C., sec. 604 (new). Sec. 6______Aug. 2,1939 410 6 63 1148 Title 18, sec. 61 e, g ...... d o...... 18 U.8.C.,sec. 605 (new). Sec. 7...... Aug. 2,1939 410 7 53 1148 Title 18, sec. 61 f, g...... d o ...... 18 U.S.C., sec. 598 (new). Sec. 8...... Aug. 2,1939 410 8 63 1148 Title 18, sec. 61g...... 18 U.S.C., secs. 694, 595, 598, 600, 601, 604, 605 (new). Sec. 9...... Aug. 2,1939 410 9 53 1148 Section not amended, but excluded from Amended...... July 14,1940 640 2 64 767 Title 18, sec. 61h...... No change...... (new) title 18 and subsequently trans­ Amended...... Mar. 27,1942 199 ‘ 701 56 181 Title 60 (appendix), sec 646 ferred to title 5 where it appears as sec. Amended...... Aug. 8,1946 904 60 937 Title 18, sec. 61h...... 118i, but see Public Law 89-554, 80 Stat. Amended...... Aug. 25,1950 1 64 475 Title 6, sec. 118i...... 378 for the 1966 codification of title 5. Amended...... Oct. 5,1962 Public 76 750 Title 6, sec. 118i (subsec. (b )). Law 87-753 1 Section not amended, but excluded from Sec. 9A ...... Aug. 2,1939 410 9A 63 1148 Title 18, sec. 61j...... No change------1 (new) title 18 and subsequently trans- Repealed...... Aug. 9,1955 690 4 Public L aw 330 I ferred to title 5 where it appears as secs. J 118p-118r. Sec. 10...... Aug. 2,1939 410 10 63 1149 Amended...... July 19,1940 640 3 64 767 Title 18, sec. 61 j...... Repealed...... Omitted as unnecessary. Sec. 11...... Aug. 2,1939 410 11 53 1149 Title 18, sec. 61k...... d o...... Do. Sec. 12 added...... July 19,1940 640 54 767 Title 18, sec. 61...... No change...... Amended...... June 25,1948 646 32(a) 62 991 Section not amended, but excluded from Amended...... May 24,1949 139 127 63 107 (new) title 18 and subsequently trans­ Amended...... - June 11,1960 Public 1(1) 74 200 ferred to title 5 where it appears as sec. Law 118k. 86-507 Sec. 13 added...... July 19,1940 640 4 64 767 Title 18, sec. 61m...... Repealed------18 U.S.C., sec. 608 (new). Sec. 14 added...... July 19,1940 640 4 54 767 Title 18, sec. 61n...... No change...... Section not amended, but excluded from (new) title 18, later omitted from 1952 ed. of U.S. Code but has been transferred to title 5 where it appears as sec. 118k-3. Sec. 15 added...... July 19,1940 640 4 64 767 Title 18, sec. 61o...... do...... Section not amended, but excluded from (new) title 18 and subsequently trans­ ferred to title 5 where it appears as sec.118. Sec. 16 added...... July 19,1940 640 4 54 767 Title 18, sec. 61p...... do...... Section not amended, but excluded from (new) title 18 and subsequently trans­ ferred to title 5 where it appears as sec. 118n. Sec. 17 added...... July 19,1940 640 4 54 767 Title 18, sec. 61q...... Repealed..-...... Omitted, being temporary. Sec. 18 added...... July 19,1940 640 4 54 767 Title 18, sec. 61r...... No change...... Section not amended, but excluded from (new) title 18 and subsequently trans­ ferred to title 5 where it appears as sec. 118n. Sec. 19 added...... July 19,1940 640 4 54 771 Title 18, sec. 61s...... Section not amended, but excluded from title 18, and subsequently transferred to title 5, where it appears as sec. 118k-2. Sec. 20 added...... July 19.1940 640 6 64 772 Title 18, sec. 61t...... do...... 18 U.S.C., sec. 609 (new). Sec. 21 added...... Oct. 24.1942 620 56 986 Title 18, sec. 61u...... Section not amended, but excluded from (new) title 18 and subsequently trans­ ferred to title 5 where it appears as sec. 118k-l. Sec. 22 added...... Apr. 1,1944 150 68 148-149 Title 18, sec. 61v...... Made temporary by sec. 25 and expired 6 months after termination of hostilities in World War II by Presidential Procla­ mation No. 2714, Dec. 31,1946. Amended...... Aug. 21,1944 404 1 68 727-728 Sec. 23 added...... Apr. 1,1944 148 68 149 Title 18, sec. 61w...... Do. Sec. 24 added...... Apr. 1,1944 148 58 149 Title 18, sec. 61x...... Became unnecessary and expired with secs. 22 and 23. Sec. 25 added...... Aug. 21,1944 404 2 68 728 Temporary and expired with secs. 22 and 23.

1 Title VII. functions under the A ct of July 19, 1940 (54 Stat. 767), as amended [sec. 1181-118n of Under Reorganization Plan No. 6, effective Aug. 19,1949,14 F.R. 6228, 63 Stat. 1067 Title 6].” all executive and administrative functions of the Civil Service Commission were trans­ Sec. 16 of the Hatch A ct incorporates by reference certain civil-service rules which were ferred to the Chairman of the Civil Service Commission provided that among functions in effect as of July 19,1940. For text of these rules see Executive Orders of the President not so transferred were “ the prevention of pernicious political activities, including such and Civil Service Commission, Form 1236, January 1944, and Pamphlet 20, May 1966. 86 FACTUAL CAMPAIGN INFORMATION

FACTORS CONSIDERED BY THE INTERNAL REVENUE SERVICE IN DETERMINING THE TAXABILITY OF POLITICAL FUNDS

26 CFR 601.105: Examination of returns and claims for refund, credit or abate­ ment ; determination of correct tax liability. (Also Part I, Section 61; 1.61-1.) * Rev. Proc. 68-19

S e c t io n 1. P u r p o s e . .01 The purpose of this Revenue Procedure is to set forth the factors considered by the Internal Revenue Service in determining the taxability of political funds such as campaign contributions, political gifts, and proceeds derived from fundraising dinners (sometimes referred to as “testimonial dinners") received and disposed of by or on behalf of political candidates. .02 For purposes of this Revenue Procedure, the term “political candidates” includes any political figure who receives or has received political funds, whether or not he has announced his candidacy for nomination or election or reelection to any elective public office.

S ec. 2. Background. Political funds are not taxable to the political candidate by or for whom they are collected if they are used for expenses of a political campaign or some similar purpose. However, any amount diverted from the channel of campaign activity and used by the political candidate for any personal purpose is income taxable to such candidate for the year in which the funds are so diverted. See I.T. 3276, C.B. 1939-1 (Part 1), 108. and Rev. Rul. 54^80, C.B. 195^1, 11, cited with approval in William 0'‘Dwyer^ et ux. v. Commissioner, 266 F.2d 575 (4th Cir. 1959), certiorari denied, 361 U.S. 862 (1959), and United States V. Leslie E. Jett. 352 F.2d 179 (6th Cir. 1965), certiorari denied, 383 U.S. 935 (1966).

S e c . 3. E xpenditures of P o l it ic a l F u n d s . .01 Political funds expended by a political candidate, or by a political organization or committee which accepts contributions on behalf of such candidate will be considered to be used for campaign or similar purposes if they are; (1) utilized for generally recognized campaign expenses (see, for example, Cal. Elections Code, sec. 11504; N.Y. Penal Law, sec. 767), regardless of when such expenses were incurred; (2) contributed to the national, state or local committee of the candidate’s party; or (3) used to reimburse the political candidate for out-of-pocket campaign expenses paid by him during a current campaign, or, if he is not currently campaigning, during his last previous campaign. .02 The expenditure of political funds by a political candidate for other than campaign or similar purposes will be considered a diver­ sion of such funds requiring the funds so expended to be included in his income. However, deductions will be allowed for those expen­ ditures which qualify as deductible under the applicable provisions of the Internal Revenue Code of 1954. For example, depending on the

♦Internal Revenue Bulletin No. 1968-17, Apr. 22, 1968. FACTUAL CAMPAIGN INFORMATION 87 facts and circumstances present, an expenditure could qualify as an ordinary and necessary business expense deductible under section 162 of the Code or as a charitable contribution deductible under section 170 of the Code. .03 Unexpended balances of political funds which are repaid to known contributors are not considered to be either expended or di­ verted for purposes of this section.

S e c . 4. A c c o u n t in g for P o l it ic a l F u n d s . .01 Detailed substantiating records should be kept by the political candidate or other custodian so as to enable the candidate to account accurately for the receipt and disbursement of political funds if he wishes to have political funds treated as such by the Service or to take advantage of allowable deductions. Disbursements will be included in the income of the political candidate in the absence of a showing that the funds were used for campaign or similar purposes or repaid to known contributors. If political funds are commingled with the per­ sonal funds of the political candidate so as to render tracing or iden­ tification impracticable, the political funds will be presumed to have been diverted to personal use at the time so commingled. .02 I f an unexpended balance of political funds is set aside in a separate bank account, the political candidate, committee, or organi­ zation holding such funds may report any income credited to the ac­ count on a U.S. Fiduciary Income Tax Return, Form 1041, for the taxable year in which such income is so credited, and pay any tax shown by such return to be payable.

S e c . 5. P r e s u m p t io n A g a in s t U nrestricted G if t s . The Service will presume in the absence of evidence to the contrary that contributions to a political candidate are political funds which are not intended for the unrestricted personal use of such recipient. I f it can be shown that the funds were intended for the unrestricted personal use of the political candidate, then the Service will apply the principles set forth in Commissioner v. Mose Duherstein, et al., 363 U.S. 278 (1960), Ct. D. 1850, C.B. 1960-2, 428, and Max Kralstein, et ux., 38 T.C. 810 (1962), acquiescence, C.B. 1963-2, 4, to determine whether or not the funds may be excluded from his gross income under section 102 of the Code. POLITICAL ACTIVITY OF FEDERAL OFFICERS AND EMPLOYEES ^

CIVIL SERVICE COMMISSION REGULATIONS

I. GENERAL PROHIBITIONS AND EXCEPTIONS The broadest and most widely applicable restrictions on political activity of Federal officers and employees are contained in section 4.1 of Civil Service Rule IV and in section 9(a) of the Hatch Act (see pp. 70 and 71). In practically the same words, these provisions prohibit the following: (1) Using official authority or influence for the purpose of interfering with an election or affecting its results. (2) Taking an active part in political management or in political campaigns. CIVIL SERVICE RULE IV

Section 4.1 of Civil Service Rule IV reads as follows: Prohibition against political activity.— No person employed in the executive branch of the Federal Government, or any agency or department thereof, shall use his official authority or influence for the purpose of interfering with an election or affecting the result thereof. No person occupying a position in the competitive service shall take any active part in political management or in political cam­ paigns, except as may be provided by or pursuant to statute. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates.

STATUTES ON RELATED SUBJECTS

In addition to being subject to section 4.1 of Civil Service Rule IV, and to the sections of the Hatch Act quoted elsewhere in this pam­ phlet (see p. 68), Federal officers and employees are subject to statutes relating (1) Political assessments (see pp. 25, 70). (2) Political coercion (see pp. 68, 71). (3) Political discrimination (see p. 70). (4) Purchase and sale of public office (see p. 22).

INDIVIDUAL RESPONSIBILITY

Each officer and employee is responsible for refraining from pro­ hibited political activity. He is presumed to be acquainted with the legal provisions applicable to him, and his ignorance of them will not excuse a violation. If he is in doubt as to whether any particular activity is prohibited, he should present the matter in writing to the United States Civil Service Commission before engaging in the activity.

• U.S. Civil Service Commission Pamphlet 20, May 1966. References are to Title 5 U.S.C. prior to recod­ ification, Sept. 6, 1966, Pub. Law 89-554. FACTUAL CAMPAIGN INFORMATION 89

II. JURISDICTION OF THE COMMISSION

EMPLOYEES IN THE COMPETITIVE SERVICE There is no language in the Hatch Act that fixes responsibility for enforcement of the prohibitions against political activity of Federal officers and employees. However, it is important to note that the prohibitive language of section 9(a) of the Hatch Act is substantially the same as that of section 4.1 of Civil Service Rule IV. The Civil Service Commission’s jurisdiction in political-activity matters was not affected by passage of the Hatch Act. Section 15 of the Hatch Act provides that the activities that are prohibited by the act are those that the Commission had theretofore determined were prohibited, under the civil-service rules, on the part of employees in the competitive civil service. Thus, under Civil Service Rule IV and under the Hatch Act, the Civil Service Commission has authority to enforce prohibitions against political activity of Federal officers and employees whose positions are in the competitive civil service. (Excepted Service.— The employing agency has the responsibility of enforcing the restrictions against political activity in the case of those employees occupying positions specifically excepted from the provisions of the Civil Service Act and Rules.)

PENALTY PROVISIONS

The Attorney General has held (40 A.G. 14) that where both the law and the rule are violated the statutory penalty is mandatory. An officer or employee found to have violated the restrictions im­ posed by section 9(a) of the Hatch Act and section 4.1 of Civil Service Rule IV must be immediately removed from the position or office held by him and— in accordance with a decision by the Comptroller Gen­ eral (25 Comp. Gen. 271)— may not be employed again in any posi­ tion the salary or compensation of which is payable under the same appropriation as the position from which removed. This restriction is not limited to the appropriation act for any particular fiscal year. If, however, the Commission determines by unanimous vote that the violation does not warrant removal, it may impose a lesser penalty under the terms of the amendment to the Hatch Act of August 25, 1950, but the penalty so imposed must be at least a 30-day suspension. In an opinion of the Attorney General of September 12, 1947 (40 A.G. 545) it was held that the penalty provisions of the Hatch Act require the removal of an employee from the civil-service position or office that he is holding at the time his violation of the act is estab­ lished, despite the fact that this position may be different from that held at the time the violation occurred. It is immaterial whether the second civil-service position has been obtained by transfer, promotion, or reappointment. AUTHORITY UNDER RULE V

Section 5.4(a) of Civil Service Rule V reads as follows: Whenever the Commission finds that any person has been appointed to or is holding a position in violation of the Civil Service Act, Rules or Regulations, or that any officer or employee in the executive branch has violated this order or any 90 FACTUAL CAMPAIGN INFORMATION

O f the laws, rules or regulations administered by the Commission, it is authorized, a f t e r giving due notice and opportunity for explanation to the officer or employee and the agency concerned, to certify the facts to the proper appointing officer with specific instructions as to discipline or dismissal or other corrective actions. Section 5.4(e) of Civil Service Rule V reads as follows: If the appointing officer fails to carry out the instructions of the Commission Issued under Section 4(a) of this Rule, the Commission shall certify the facts to the head of the agency concerned. If the head of the agency fails to carry out the instructions of the Commission within ten days after receipt thereof, the Com­ mission shall certify the facts to the Comptroller General of the United States, and shall furnish a copy of such certification to the head of the agency concerned; and thereafter no payment shall be made of the salary or wages accruing to the employee concerned. The General Accounting Office is without jurisdiction to review the determinations of the Civil Service Commission under Rule V and, upon certification by the Commission that an employee is holding a po­ sition in violation of the Civil Service Act and rules, the General Ac­ counting Office has no alternative to withholding credit for payments made for salary or compensation (decision, Comptroller General, July 20, 1939, to the Postmaster General).

COMMISSION PROCEDURE

In taking action on alleged violations of section 4.1 of Civil Service Rule IV and section 9 of the Hatch Act, the Civil Service Commission proceeds under regulations that provide for— (1) Investigation of the complaint by representatives of the Com­ mission and the employing agency. (2) Issuance of charges, when there is prima facie proof of prohibited political activity, with a description of the specific charges and an opportunity to respond in writing. (3) Issuance of an initial decision by the General Counsel with the right of appeal to the Commissioners. (4) A hearing, unless waived by the employee with the concurrence of the General Counsel. The Commission’s procedure applies in the cases of those employees who resigned from their positions prior to a final determination by the Commission. The Commission’s regulations also provide for the reconsideration of the record, as authorized by law, upon request, of employees who were removed between August 2, 1939, and August 25, 1950, for established political-activity violations, to determine whether the violations were such as to warrant a penalty of less than removal.

III. APPLICABILITY OF RULE AND STATUTE

GENERAL STATEMENT

In the absence of specific statutory exemption, the basic political- activity restrictions apply to any person employed in the executive branch of the Federal Government, or any agency or department thereof, or in the government of the District of Columbia. Some per­ sons are subject to these restrictions by virtue both of section 4.1 of Civil Service Rule IV and of section 9(a) of the Hatch Act; others are subject to them solely by virtue of section 9(a) of the Hatch Act. FACTUAL CAMPAIGN INFORMATION 91

Section 4.1 of Civil Service Rule IV applies to all employees in the competitive service. Section 9(a) of the Hatch Act applies to all persons employed in the executive branch of the Federal Government 2 whether or not such persons are in the competitive service. The effect of section 9(a) of the statute is to place the same restrictions upon the political activities of all officers and employees of the executive branch of the Government that section 4.1 of Civil Service Rule IV places upon the political activ­ ities of officers and employees in the competitive service. Section 14 of the Hatch Act (5 U.S.C. §118-k-3) provides: “For the purposes of this Act, persons employed in the government of the District of Columbia shall be deemed to be employed in the executive branch of the Government of the United States, except that for the purposes of the second sentence of Section 9(a) the Commissioners and the Recorder of Deeds of the District of Columbia shall not be deemed to be officers or employees.”

GROUPS OF EMPLOYEES

Postmasters and post-office employees.— All postmasters and acting postmasters, all employees in post offices of the first, second, and third classes, and all special delivery messengers in post offices of the first class are subject to the political-activity restrictions of Civil Service Rule IV and section 9 of the Hatch Act. Persons employed on an irregular or occasional basis.— Persons who are employed on an irregular or occasional basis, e.g., experts and consultants on a per diem basis, w.o.c. and w.a.e. employees, etc., are subject to the political activity restrictions of the Hatch Act while in an active duty status only and for the entire 24 hours of any day of actual employment. The employing agency has the duty of enforcement in the cases of those employees occupying positions in the excepted service. Temporary, part-time, and emergency employees.— Temporary, part- time, and emergency employees are subject to the statute and the rule. Employees on leave.— An employee who is subject to the basic political-activity prohibitions while on active duty is subject to them while on leave with pay, leave without pay, or furlough, and incurs the same penalties for an offense committed while in leave or fur­ lough status as for an offense committed while on active duty. How­ ever, if lump-sum payment is made for accumulated annual leave and the person involved is on terminal leave, he is not subject to the political-activity restrictions during the period covered by the lump­ sum payment or thereafter. It is not permissible for an employee to take leave of absence for the purpose of working with a political candidate, committee, or organiza­ tion, or for the purpose of becoming a candidate for office with the understanding that he will resign his position if nominated or elected.

J Except (a) the President and Vice President of the United States: (6) persons whose compensation is paid from the appropriation for the office of the President; (c) heads and assistant heads of executive departments: and (d) officers who are appointed by the President by and with the advice and consent of the Senate, and who determine policies to be pursued by the United States in its relations with foreign powers or in the Nation-wide administration of Federal laws. 92 FACTUAL CAMPAIGN INFORMATION

PERSONS NOT SUBJECT TO POLITICAL-ACTIVITY RESTRICTIONS

The political-activity restrictions of section 9 of the Hatch Act and section 4.1 of Civil Service Rule IV do not apply to the following persons: EXECUTIVE BRANCH The President and Vice President of the United States. Persons who are compensated from the appropriation for the Office of the President. Heads and assistant heads of departments. Officers who are appointed by the President by and with the advice and consent of the Senate, and who determine policies to be pursued by the United States in its relations with foreign powers or in the Nation-wide administration of Federal laws. Ambassadors of the United States. Ministers of the United States.

LEGISLATIVE BRANCH Officers and employees of the legislative branch of the Federal Government, including secretaries and clerks of Members of Congress and congressional committees. [Library of Congress employees were made subject to the Hatch Political Activities Act by general order of the Librarian of Congress: G.O. No. 1164 of N ov. 6, 1942; and G.O. No. 1371 of June 29, 1948.]

JUDICIAL BRANCH Officers and employees of the judicial branch of the Federal Government, in- cuding United States Commissioners, clerks of United States courts, referees in lankruptcy, and their secretaries, deputies, and clerks.

DISTRICT OF COLUMBIA The Commissioners of the District of Columbia.3 The Recorder of Deeds of the District of Columbia.4

OTHER Officers or employees of any educational or research institution, establishment, agency, or system that is supported in whole or in part by any State or political subdivision, or the District of Columbia, or by any Territory or Territorial posses­ sion of the United States, or by any recognized religious, philanthropic, or cultural organization. Persons who are retained from time to time to perform special services on a fee basis and who take no oath of office, fee attorneys, inspectors, appraisers, and management brokers for the Home Owners’ Loan Corporation and special fee attorneys for the Reconstruction Finance Corporation. Persons who receive benefit payments, such as old-age assistance and unem­ ployment compensation under the Social Security Act, rural-rehabilitation grants, and payments under the agricultural conservation program. Persons retired from the Federal service, unless reemployed in the executive branch of the Federal Government. Persons serving as star route and contract carriers and clerks in fourth-class post offices, provided such persons are not at the same time holding other Gov­ ernment employment. Employees of the Alaska Railroad residing in municipalities on the line of the railroad in respect to activities involving the municipality in which they reside.3

3 Exemption annulled by adoption of Reorganization Plan No. 3 of 1967. 4 Recorder of Deeds of the District of Columbia is included by decision within the prohibition of the Hatch Act. STANDING RULES OF THE SENATE 1 RULE II

OATHS, ETC.

The oaths or affirmations required by the Constitution and pre­ scribed by law shall be taken and subscribed by each Senator, in open Senate, before entering upon his duties.

OATHS REQUIRED BY THE CONSTITUTION AND BY LAW TO BE TAKEN BY SENATORS UNDER RULE II

I, A B, do solemnly swear (or affirm) that I will support the Con­ stitution of the United States. (1 Stat. 23, June 1, 1789.) I, A B, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or pur­ pose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God. (5 U.S.C. 3331.) RULE VI

PRESENTATION OF CREDENTIALS

1. The presentation of the credentials of Senators elect and other questions of privilege shall always be in order, except during the reading and correction of the Journal, while a question of order or a motion to adjourn is pending, or while the Senate is dividing; and all questions and motions arising or made upon the presentation of such credentials shall be proceeded with until disposed of. 2. The Secretary shall keep a record of the certificates of election of Senators by entering in a well-bound book kept for that purpose the date of the election, the name of the person elected and the vote given at the election, the date of the certificate, the name of the governor and the secretary of state signing and countersigning the same, and the State from which such Senator is elected. On July 17, 1961, the Senate agreed to the following: ''Resolved, That, in the opinion of the Senate, the following are convenient and sufficient forms of the certificates of election of a Senator for a six-year term or an unexpired term, or for the appointment of a Senator to fill a vacancy, to be signed by the executive of any State in pursuance of the Constitution and the statutes of the United States:

“ certificate o f e l e c t i o n f o r s i x - y e a r t e r m To the President of the Senate of the United States: “This is to certify that on the — day of ------, 19—, A B was duly chosen by the qualified electors of the State o f a Senator from said 1 Senate Manual (S. Doc. 1 ,00th Cong., 1st sess., pp. 2-6). 93 93-558 O— 68------7 9 4 Factual Campaign Information

State to represent said State in the Senate of the United States for the term of six years, beginning on the 3d day of January, 19— . “ Witness: His excellency our governor-—-— — — , and our seal hereto affixed at ------th is------day of— — — , in th e year of our Lord 19— . "By the governor: "C——— D———. “ Governor.

“ Secretary of State"

“C ertific ate of E lectio n fo r U n expired T e rm “ To the President of the Senate of the United States: “This is to certify that on the — day of -...... 19---,-A ------B ------was duly chosen by the qualified electors of the State of — a Senator for the unexpired term ending at noon on the 3d day of January, 19 —, to fill the vacancy in the representation from said S t a t e , thein Senate of the United States caused by t h e ———of C—— D ------. “ Witness; His excellency our governor, and our seal hereto affixed at —------this day of ------, in the year of our Lord 19— . “ By the governor: "E------F------, “ Governor. “ G------H-- “Secretary of State ”

“ certificate o f appointment “ To the President of the Senate of the United States: “ This is to certify that, pursuant to the power vested in me by the Constitution of the United States and the laws of the State o f — — , I, A — — B — — , the governor of said State, do hereby appoint C — — — D — — — a Senator from said State to represent said State in the Senate of the United States until the vacancy therein, caused by th e — — — of E — — — F ———, is filled by election as provided by law. “ Witness: His excellency our governor ———, and our seal hereto affixed a t ——— this — — — day o f ———, in the year of our Lord 19— . “ By the governor: “ G — — — H ———, “ Governor “ I — — J ———, “Secretary of State." “ Resolved, That the Secretary of the Senate shall send copies of these sug­ gested forms and these resolutions to the executive and secretary of each State wherein an election is about to take place or an appointment is to be made in season that they may use such forms if they see fit.” (S. Jour. 17, 73-2, Jan. 4, 1934; S. Jour. 547, 87-1, July 17, 1961.) STANDARDS OF CONDUCT FOR MEMBERS OF THE SENATE AND OFFICERS AND EMPLOYEES OF THE SENATE

S. RES. 266, 90TH CONGRESS, SECOND SESSION

[Report No. 1015]

RESOLUTION*

Resolved, It is declared to be the policy o f the Senate that— (a) The ideal concept of public office, expressed by the words, “A public office is a public trust” , signifies that the officer has been en­ trusted with public power by the people; that the officer holds this power in trust to be used only for their benefit and never for the benefit of himself or of a few ; and that the officer must never conduct his own affairs so as to infringe on the public interest. All official conduct of Members of the Senate should be guided by this paramount concept of public office. (b) These rules, as the written expression of certain standards of conduct, complement the body of unwritten but generally accepted standards that continue to apply to the Senate. S ec. 2. The Standing Rules of the Senate are amended b y adding at the end thereof the following new rules:

“RULE X L I

“ o u t s i d e b u s i n e s s o r professional a c t i v i t y o r e m p l o y m e n t b y

O FFICERS o r e m p l o y e e s “ 1. No officer or employee whose salary is paid by the Senate may engage in any business or professional activity or employment for compensation unless— “ (a) the activity or employment is not inconsistent nor in conflict with the conscientious performance of his official duties; and “ (b) he has reported in writing when this rule takes effect or when his office or employment starts and on the 15th day of May in each year thereafter the nature of any personal service activity or employment to his supervisor. The supervisor shall then, in the discharge of his duties, take such action as he considers necessary for the avoidance of conflict of interest or interference with duties to the Senate. “2. For the purpose of this rule— “ (a) a Senator or the Vice President is the supervisor of his administrative, clerical, or other assistants; “ (b) a Senator who is the chairman o f a committee is the super­ visor o f the professional, clerical, or other assistants to the com­ mittee except that minority staff members shall be under the supervision of the ranking minority Senator on the committee; “ (c) a Senator who is a chairman of a subcommittee which has its own staff and financial authorization is the supervisor of the

*Agreed to Mar. 22, 1968 (Cong. Rec. (temp.), p. S3245). 95 96 FACTUAL CAMPAIGN INFORMATION

professional, clerical, or other assistants to the subcommittee ex­ cept that minority staff members shall be under the supervision of the ranking minority Senator on the subcommittee; “ (d) the President pro tem is the supervisor of the Secretary of the Senate, Sergeant at Arms and Doorkeeper, the Chaplain, and the employees of the Office of the Legislative Counsel; “ (e) the Secretary of the Senate is the supervisor of the employees of his office; “ (f) the Sergeant at Arms and Doorkeeper is the supervisor of the employees of his office; “ (g) the Majority and Minority Leaders and the Majority and and Minority Whips are the supervisors of the research, clerical, or other assistants assigned to their respective offices; “ (h) the Majority Leader is the supervisor of the Secretary for the Majority. The Secretary for the Majority is the supervisor of the employees of his office; and “ (i) the Minority Leader is the supervisor of the Secretary for the Minority. The Secretary for the Minority is the supervisor of the employees of his office. “3. This rule shall take effect ninety days after adoption.

“RULE XLII

“ contributions “ 1. A Senator or person who has declared or otherwise made known his intention to seek nomination or election, or who has filed papers or petitions for nomination or election, or on whose behalf a declara­ tion or nominating paper or petition has been made or filed, or who has otherwise, directly or indirectly, manifested his intention to seek nomination or election, pursuant to State law, to the office of United States Senator, may accept a contribution from— “ (a) a fundraising event organized and held primarily in his behalf, provided— “ (1) he has expressly given his approval of the fundraising event to the sponsors before any funds were raised; and “ (2) he receives a complete and accurate accounting of the source, amounts, and disposition of the funds raised; or “ (b) an individual or an organization, provided the Senator makes a complete and accurate accounting of the source, amount, and disposition of the funds received; or “ (c) his political party when such contributions were from a fundraising event sponsored by his party, without giving his express approval for such fundraising event when such fund­ raising event is for the purpose of providing contributions for candidates of his party and such contributions are reported by the Senator or candidate for Senator as provided in paragraph

“2. The Senator may use the contribution only to influence his nomination for election, or his election, and shall not use, directly or indirectly, any part of any contribution for any other purpose, except as otherwise provided herein. “ 3. Nothing in this rule shall preclude the use of contributions to defray expenses for travel to and from each Senator’s home State; FACTUAL CAMPAIGN INFORMATION 97 for printing and other expenses in connection with the mailing of speeches, newsletters, and reports to a Senator’s constituents; for ex­ penses of radio, television, and news media methods of reporting to a Senator's constituents; for telephone, telegraph, postage, and sta­ tionery expenses in excess of allowance; and for newspaper subscrip­ tions from his home State. “4. All gifts in the aggregate amount or value of $50 or more re­ ceived by a Senator from any single source during a year, except a gift from his spouse, child, or parent, and except a contribution under sections 1 and 2, shall be reported under rule X L IV . “ 5. This rule shall take effect ninety days after adoption,

“RULE XLIII

“ p o l i t i c a l f u n d ACTIVITY BY OFFICERS AND EMPLOYEES “ 1. No officer or employee whose salary is paid by the Senate may receive, solicit, be the custodian of, or distribute any funds in con­ nection with any campaign for the nomination for election, or the elec­ tion of any individual to be a Member of the Senate or to any other Federal office. This prohibition does not apply to any assistant to a Senator who has been designated by that Senator to perform any of the functions described in the first sentence of this paragraph and who is compensated at a rate in excess of $10,000 per annum if such desig­ nation has been made in writing and filed with the Secretary of the Senate. The Secretary of the Senate shall make the designation avail­ able for public inspection. “ 2. This rule shall take effect sixty days after adoption.

“RULE X L IV

“ d is c l o s u r e o r f i n a n c i a l in t e r e s t s “ 1. Each Senator or person who has declared or otherwise made known his intention to seek nomination or election, or who has filed papers or petitions for nomination or election, or on whose behalf a declaration or nominating paper or petition has been made or filed, or who has otherwise, directly or indirectly, manifested his intention to seek nomination or election, pursuant to State law, to the office of United States Senator, and each officer or employee of the Senate who is compensated at a rate in excess of $15,000 a year, shall file with the Comptroller General of the United States, in a sealed envelope marked ‘Confidential Personal Financial Disclosure o f ------(N am e) ', before the 15th day of May in each year, the following reports of his personal financial interests: “ (a) a copy of the returns of taxes, declarations, statements, or other documents which he, or he and his spouse jointly, made for the preceding year in compliance with the income tax provisions of the Internal Revenue Code; “ (b) the amount or value and source of each fee or compensa­ tion of $1,000 or more received by him during the preceding year from a client; and “ (c) the name and address of each business or professional corporation, firm, or enterprise in which he was an officer, direc- 98 FACTUAL CAMPAIGN INFORMATION

tor, partner, proprietor, or employee who received compensation during the preceding year and the amount of such compensation; “ (d) the identity of each interest in real or personal property having a value of $10,000 or more which he owned at any time dur­ ing the preceding year; “ (e) the identity of each trust or other fiduciary relation in which he held a beneficial interest having a value of $10,000 or more, and the identity if known of each interest of the trust or other fiduciary relation in real or personal property in which the Senator, officer, or employee held a beneficial interest having a value of $10,000 or more, at any time during the preceding year. I f he cannot obtain the identity of the fiduciary interests, the Senator, officer, or employee shall request the fiduciary to report that information to the Comptroller General in the same manner that reports are filed under this rule; “ (f) the identity of each liability of $5,000 or more owed by him, or by him and his spouse jointly, at any time during the preceding year; and “ (g) the source and value of all gifts in the aggregate amount or value of $50 or more from any single source received by him during the preceding year. “ 2. Except as otherwise provided by this section, all papers filed under section 1 of this rule shall be kept by the Comptroller General for not less than seven years, and while so kept shall remain sealed. Upon receipt of a resolution of the Select Committee on Standards and Conduct, adopted by a recorded majority vote of the full com­ mittee, requesting the transmission to the committee of any of the reports filed by any individual under section 1 of this rule, the Comp­ troller General shall transmit to the committee the envelopes contain­ ing such reports. Within a reasonable time after such recorded vote has been taken, the individual concerned shall be informed of the vote to examine and audit, and shall be advised of the nature and scope of such examination. When any sealed envelope containing any such re­ port is received by the committee, such envelope may be opened and the contents thereof may be examined only by members of the com­ mittee in executive session. If, upon such examination, the committee determines that further consideration by the committee is warranted and is within the jurisdiction of the committee, it may make the con­ tents of any such envelope available for any use by any member of the committee, or any member of the staff of the committee, which is required for the discharge of his official duties. The committee may receive the papers as evidence, after giving to the individual con­ cerned due notice and opportunity for hearing in a closed session. The Comptroller General shall report to the Select Committee on Standards and Conduct not later than the 1st day of June in each year the names of Senators, officers and employees who have filed a report. Any paper which has been filed with the Comptroller General for longer than seven years, in accordance with the provisions of this sec­ tion, shall be returned to the individual concerned or his legal rep­ resentative. In the event of the death or termination of service of a Member of the Senate, an officer or employee, such papers shall be returned unopened to such individual, or to the surviving spouse or FACTUAL CAMPAIGN INFORMATION 99 legal representative of such individual within one year of such death or termination of service. “ (3) Each Senator or person who has declared or otherwise made known his intention to seek nomination or election, or who has filed papers or petitions for nomination or election, or on whose behalf a declaration or nominating paper or petition has been made or filed, or who has otherwise, directly or indirectly, manifested his intention to seek nomination or election, pursuant to State law, to the office of United States Senator, and each officer or employee of the Senate who is compensated at a rate in excess of $15,000 a year, shall file with the Secretary of the Senate, before the 15th day of May in each year, the following reports of his personal financial interests: “ (a) the accounting required by rule X L II for all contributions received by him during the preceding year, except that contribu­ tions in the aggregate amount or value of less than $50 received from any single source during the reporting period may be totaled without further itemization; and “ (b) the amount or value and source of each honorarium of $300 or more received by him during the preceding year. “4. All papers filed under section 3 of this rule shall be kept by the Secretary of the Senate for not less than three years and shall be made available promptly for public inspection and copying. “ 5. This rule shall take effect on July 1, 1968. No reports shall be filed for any period before office or employment was held with the Senate, or during a period of office or employment with the Senate of less than ninety days in a year; except that the Senator, or officer or employee of the Senate, may file a copy of the return of taxes for the year 1968, or a report of substantially equivalent information for only the effective part of the year 1968.” S e c . 3. It is the sense of the Senate that appropriate action to be taken with respect to the requirements imposed by this resolution upon Members and officers and employees of the Senate for the purpose of imposing uniform requirements upon all Members and officers and employees of the House of Representatives, all officers and employees of the executive branch of the Government, including members of the Armed Forces, and all officers and employees of the judicial branch of the Government. THE DEMOCRATIC PARTY

THE DEMOCRATIC NATIONAL COMMITTEE

2600 Virginia Avenue NW., Washington, D.C. 20037; Telephone: (202)333-8750 Officers Chairman.— John M. Bailey, Connecticut. Vice Chairman.— Mrs. Margaret Price, Michigan. Treasurer.— John Criswell, Oklahoma. Secretary.— Mrs. Dorothy Vredenburgh Bush, Ohio. Chairman— Minorities Division.— William L. Dawson, Illinois. Chairman— Nationalities Division.— Robert F. Wagner, New York. Governor.— Richard J. Hughes, New Jersey. U.S. Senator.— Mike Mansfield, Montana. U.S. Representaiive.— Hale Boggs, Louisiana. General Counsel.— Vacant.

Executive Committee Mrs. Burton Joseph, Minnesota. Calvin W. Rawlings, Utah. John M. Golden, Connecticut. Donald J. Mitchell, Iowa. Mrs. Charles A. Graham, Colorado. Jacob M. Arvey, Illinois. Edgar A. Brown, South Carolina. Mrs. Mildred Jeffrey, Michigan. Edwin L. Weisl, New York. Mrs. Thelma Parkinson Sharp, New Jersey. Tom E. Brown, Sr., New Mexico. Mrs. Ruth Johnson Owens, Alabama. Ellen Healey, Idaho.

DEMOCRATIC SENATORIAL CAMPAIGN COMMITTEE

130 Senate Office Building; Telephone: (202) 225-2447 Edmund S. Muskie, Maine, Chairman. Joseph D. Tydings, Maryland, Vice Chairman. Clinton P. Anderson, Mew Mexico. E. L. Bartlett, Alaska. Fred R. Harris, Oklahoma. Henry M. Jackson, Washington. Gale W. McGee, Wyoming. Thomas J. McIntyre, New Hampshire. Walter F. Mondale, Minnesota. William Proxmire, Wisconsin. John Sparkman, Alabama. Stuart Symington, Missouri. Donald E. Nicoll, Secretary. Frank N. Hoffmann, Executive Director. 100 FACTUAL CAMPAIGN INFORMATION 101

DEMOCRATIC CONGRESSIONAL CAMPAIGN COMMITTEE

132 Cannon House Office Building; Telephone: (202) 225-2758

Michael J. Kirwan, Ohio, Chairman. Ray J. Madden, Indiana, First Vice Chairman. Thomas P. O’Neill, Jr., Massachusetts, Second Vice Chairman. Thomas E. Morgan, Pennsylvania, Third Vice Chairman. Wilbur D. Mills, Arkansas, Executive Committee Chairman. George H. Mahon, Texas. Clement J. Zablocki, Wisconsin. Martha W. Griffiths, Michigan. Ed Edmondson, Oklahoma. Paul C. Jones, Missouri. John L. McMillan, South Carolina. Cecil R. Bang, California. Joe L. Evins, Tennessee. Michael A. Feighan, Ohio. Wayne N. Aspinall, Colorado, Finance Committee Chairman. Walter S. Baring, Nevada. John J. Flynt, Jr., Georgia. Morris K. Udall, Arizona. George W . Andrews, Alabama. Robert N. Giaimo, Connecticut. Don Fuqua, Florida. Thomas G. Morris, New Mexico. F. Edward Hebert, Louisiana, Research Committee Chairman. William M. Colmer, Mississippi. Frank A. Stubblefield, Kentucky. William D. Hathaway, Maine. Porter Hardy, Jr., Virginia. L. H. Fountain, North Carolina. Hugh L. Carey, New York. Fernand J. St Germain, Rhode Island. John A. Blatnik, Minnesota, Speakers Committee Chairman. George H. Fallon, Maryland. Harley O. Staggers, West Virginia. Edith Green, Oregon. Arnold Olsen, Montana. Peter W . Rodino, Jr., New Jersey. Julia Butler Hansen, Washington. Neal Smith, Iowa. Spark M. Matsunaga, Hawaii. John M. Murphy, New York. Hale Boggs, Louisiana, Whip. William L. Dawson, Illinois, Secretary. Kenneth R. Harding, Executive Director. Jess Larsen, Treasurer. Zeake Johnson, Sergeant at Arms. Neale Roach, Public Relations. Edmund L. Henshaw, Research Director. MEMBERS OF THE DEMOCRATIC NATIONAL COMMITTEE AND CHAIRMEN OF THE STATE COMMITTEES

state National committeeman National committeewoman state chainnan

Alabama______Eugene B. Connor, Room 706, State Mrs. Ruth Johnson Owens, 1208 Robert S. Vance, Frank Nelson Office Bldg., Montgomery. Vista Lane, Birmingham. Bldg., Birmingham. Alaska______Alex Miller, 312-11th Ave., Fair- Mrs. Alice Harrigan, Post Office Jalmar M. Kerttula, Star Route, bdjiiks Box 196, Sitka. Palmer. ______Dr. John S. Kruglick, 2201 East Mrs. Mildred Larson, 4701 North Richard Dufficld, Trans AmericanArizona Georgia, Phoenix. 24th St., Phoenix. Bldg., Tucson. Arkansas______Thomas Harper, Post Office Box 43, Mrs. Jack Carnes, 132 California Leon Catlett, 727 Pyramid Bldg., Fort Smith. N.W., Camden. Little Rock. California______Eugene L. Wyman, 9601 Wilshire Mrs. Ann Alanson, 65 Montclair Charles Warren, 1411 Olympic Blvd., Beverly Hills. Ter., San Francisco. Blvd., Los Angeles. Canal Zone______Richard M. Koster, Post Office Box Mrs. Virginia M. Harris, P.O. Box Albert J. Joyce, Jr., Box 615, 930, Albrook Air Force Base, C.Z. 115, Ft. Clayton, C.Z. Balboa. Colorado...... Stopluin L. B. McNichols, 400 Mrs. Charles A. Graham, 2345 William Grant, 1712 Sherman St., Hilton Office Bldg., Denver. Routt St., Denver. Denver. Connecticut______John M. Golden, 185 Church St., Mrs. Beatrice Holt Rosenthal, John M. Bailey, 266 Pearl St., New Haven. Jordan Village, Waterford. Hartford. Delaware______William S. Potter, Delaware Trust Mrs. Belle Everett Kenton. Alexis I. duPont Bayard, 913 N. Bldg., Wilmington. Market Street, Wilmington, 19801. District of Columbia. Dr. E. Franklin Jackson, 1615 14th Mrs. Polly Shackleton, 3232 Reser­ Smallwood Williams, 1009 13th St., St. N.W., 20009. voir Rd. NW., 20007. N.W. F lorida.. ______Elliott Roosevelt, 2424 North Bay Mrs. Annette Baker, 1001 Eldorado Pat Thomas, Post Office Box 488, Rd., Miami Beach. Drive, Clearwater. Quincy. Georgia______William P. Trotter, La Grange_____ Mrs. Marjorie C. Thurman, 1401 James Gray, care of Albany Bank of Georgia Bldg., Atlanta. Herald, Albany. Guam______Jesus C. Okiyama, Yona._ Mrs. Madeleine Bordallo, Post Richard Taitano, Dcdedo. Office Box 1485, Agana. H awaii. ______Elmer F. Cravalho, Waiakoa, Mrs. Moni Minn, 3274 Lower Rd., Robert C. Oshiro, Post Office Box Kula, Maui. Honolulu, 96822. 916, 562 California Ave., Wahiawa, Hawaii. Idaho______Harry Wall, care of Liberty Theatre, Miss Ellen Healy, 1221 East Lake- E. T. Waters, 305 North 8th St., Post Office Box 436, Lewiston. shore. Dr. Coeur d’Alene. Boise. Illinois______Jacob M. Arvey, 1 North La Salle Miss Dorothy G. O’Brien, R. R. James A. Ronan, 7115 South St., Chicago. No. 2, De Kalb. Oglesby Ave., Chicago. Indiana______Richard B. Stoner, 2770 Franklin Mrs. Dorothy Elmore, 118 South Gordon St. Angelo, Sheraton Lin­ St., Columbus.Vine St., Crawfordsville. coln Hotel, Indianapolis. Iow a______Donald J. Mitchell, 610 Snell Bldg., Mrs. Alberta Metcalf Kelly, Nichols Clark Rasmussen, 500 Shops Bldg., Fort Dodge. 52766. Des Moines. Kansas______Tom Corcoran, 2233 Crest Dr., Mrs. Nell Blangers, 113 South Con­ Norbert Dreiling, Box 367, Hays. Topeka. necticut, Salina. Kentucky______Edward Breathitt, State Capitol, Mrs. Mary Helen Byck, 322 Pen- Lawrence W. Wetherby, 100 West Frankfort. ruth Ave., Louisville 40207. Main, Frankfort. Louisiana...... J. Marshall Brown, 225 Barrone, Mrs. Blanche R. Long, 7449 Boyce Arthur C. Watson, Box 226, Suite 2420, New Orleans. Dr., Baton Rouge. Natchitoches. Maine______Richard J. Dubord, 44 Elm St., Mrs. Fay Broderick, Lincoln______George J. Mitchell, 477 Congress Water ville. St., Portland. Maryland______J. Millard Tawes, Hall Highway, Dr. Mildred Otenasek, 219 North­ Marvin Mandell, Speaker, State Crisfield 21817. way, Baltimore. House of Representatives, Annapolis. Massachusetts______John E. Powers, 158 M St., South Mrs. Mary E. Fantasia, 181 Hud­ Lester S. Hyman, 11 Beacon St., Boston. son St., Somerville. Boston. M ichigan______Neil Staebler, 408 Wolverine Bldg., Mrs. Mildred Jeffrey, 8000 East Sander M. Levin, 22615 Stephen­ Ann Arbor. Jefferson, Detroit. son Hwy., Hazel Park. Minnesota______John A. Blatnik, Member of Con­ Mrs. Geri Joseph, 5 Red Cedar Warren R. Spannaus, 1637 Henne­ gress, R oom 2449, Rayburn Lane, Minneapolis. pin Ave., Minneapolis. House Office Building, Washing­ ton, D.C. Mississippi______E. K. Collins, Post Office Box 732, Mrs. Burnett Y. Hennington, Post Bidwell Adam, Gulfport. Laurel. Office Box 9712, Northside Station, Jackson. Missouri______Mark R. Holloran, 222 South 21st Mrs. Sallie Hailey, Post Office Box Delton L. Houtchens, Carney St., St. Louis. 434, Marshall. Bldg., Clinton. M ontana______Leif Erickson, American Building Mrs. Norma Keil, Ledger______Chet Blaylock, 502 Third Ave., & Loan Bldg., Helena. Laurel. Nebraska______Marvin R. Werve, Omaha National Mrs. Maurine Biegert, Shickley John C. Mitchell, 2415 Central Bank, 1620 Farnam St., Omaha. Ave., Kearney. Nevada______Herbert M. Jones, 230 Las Vegas Mrs. Virginia L. Giannotti, 1295 Robert E. Rose, 1 East 1st St., Blvd., South, Las Vegas. Gordon Ave., Reno. P.O. Box 460, Reno. New Hampshire_____ Roland Vallee, Mayor, City Hall, Mrs. Winifred Hartigan, 145 Charles William Craig, 1008 Elm St., Manchester. St., Rochester. Manchester. MEMBERS OF THE DEMOCRATIC NATIONAL COMMITTEE AND CHAIRMEN OF THE STATE COMMITTEES—Continued

State National committee man National committee woman state chairman

New Jersey______David T. Wilentz, 252 Madison Mrs. Thelma P. Sharp, 702 Wood Robert J. Burkhardt, 31-33 Ave., Perth Amboy. St. Vineland. North Willow, Trenton. New M exico______Tom E. Brown, Sr., Box 68, Artesia__ Mrs, U. D. Sawyer, Crossroads...... Harold Volden, 3215-2d St., SW., Albuquerque. New Y ork ______Edwin L. Weisl, 120 Broadway, New Mrs. Edna F. Kelly, Member of Con­ John J. Burns, Sheraton Inn, York. gress, Room 2262, House Office Binghamton. Bldg., Washington, D.C. North Carolina------William E. Webb, Jr., Box 827, Mrs. John D. Robinson, Hotel Sir I. T. Valentine, Jr., Hotel Sir Statesville. Walter, Raleigh, Walter, Raleigh. North Dakota______Dr. S. B. Hocking, Great Northern Mrs. Liv Bjorlie, 1380 Central Ave. Larry Erickson, Route 3, Minot. Bldg., Devils Lake. North, Valley City, Ohio______Albert S. Porter, 31179 S. Woodland Mrs, Helen Gunsett, 2636 Notting­ Morton Neipp, Suite 303, Bell Rd., Pepper Pike, Cleveland. ham Rd,, Columbus, Bldg., 709 Madison Ave,, Toledo. Oklahoma______James II. Arrington, 813 Cravens Mrs. Daphfine Shear, Box 807, William G. Kerr, 1510 Keniuic Bldg., Oklahoma City. Duncan. Bldg., Oklahoma City. Oregon...... Norman A. Stoll, 510 Corbett Bldg., Mrs, Alice Corbett, 2222 Northeast Edward Fadeley, 810 E. Park, Portland. Schuyler Ave., Portland. Eugene. Pennsylvania...... Joseph M. Barr, Mayor, 800 W. Mrs, Emma Guffey Miller, Wolf Thomas Z. Minehart, 510 N. 3d Pennsylvania Bldg., Pittsburgh. Creek Farms, Rural Delivery 3, St., Harrisburg. Slippery Rock. Puerto Rico______Richard Durham, Room 50, Chase Mrs. Felisa Rincon de Gautier, Richard Durham, Banco de Ponce Manhattan Bank Bldg., Rio Mayor, City of San Juan, San Bldg., Suite 7, Ponce de Leon Piedras. Juan. Ave., Santurce. Rhode Island______Joseph A. Doorley, Jr., Mayor, City Mrs. Annette Cusson, 151 Althea J. Joseph Garrahy , 1658 Sheraton- Mall, Providence. St., Providence. Biltmore Hotel, Providence, South Carolina______Edgar A. Brown, State Bank & Mrs. Anne Agnew, 2829 Blossom E. Crosby Lewis, 1544 Heather- Trust Co. Bldg., Barnwell. St., Columbia. wood, Columbia. South Dakota______Jim Magness, Miller...... Mrs. Mary Wallner, 2605 Poplar Dr., Robert M. Chamberlin, Heckla. Sioux Falls. Tennessee...... Herbert S. Walters, Hamilton Bank Mrs. Ruth Russell, Courthouse, James Peeler, Covington. Bldg., Morristown. Gallatin, T e x a s.______Frank C. Erwin, Jr., 918 Brown Mrs. Lloyd M. Bentsen, Jr., 3330 Will D. Davis, 202 Perry-Brooks Bldg., Austin, Inwood, Houston. Bldg., Austin. Utah______Calvin W. Rawlings, Judge Bldg., Miss Lucy Redd, 345 South State A. Wally Sandack, 315 East No. 530, Salt Lake City. St., Salt Lake City. 2d South, Salt Lake City. Vermont______William J. Ryan, 38.State St., Mrs. Beatrice P. Schurman, 8 Daniel J. O’Brien, 113 Patchen Montpelier. Prospect St., Newport. Rd., South Burlington. Virginia______Sidney S. Kellam, 510 Cavalier Dr., Mrs. John Garland Pollard, 1015 Watkins M. Abbitt, Member of Virginia Beach. West Franklin St., Richmond. Congress, 2209 House Office Bldg., Washington, D.C. Virgin Islands______Dr. Roy A, Anduze, Post Office Box Vacant _ _ Patrick N. Williams, Fredericksted, o'K), 1: Estate Thomas, St. Thomas. St. Croix. Washington______Lloyd K. Graham, 1312-2d Avenue, Mrs. Zelma Reeves Morrison, West Robert R. Kull, 320 Alaska Bldg., Seattle. 458-21st Ave., Spokane. Seattle, 98104. West Virginia______John Amos, Sr., 1020 Kanawha Bldg., Mrs. Nunley B. Snedegar, 106 High James M. Sprouse, Suite 700, Charleston. St., Elkins. Terminal Bldg., Charleston. Wisconsin______David Carley, 1500 Capital Ave., Mrs. Jeanette Swed, 615 East Richard D. Cudahay, 207 East Madison. Michigan, Milwaukee. Washington Ave., Madison. W yom ing______William A. Norris, Jr., Post Office Mrs. June Boyle, 706 South 14th, John Rooney, Majestic Bldg., Box 349, Cheyenne. Laramie. Cheyenne. THE REPUBLICAN PARTY

THE REPUBLICAN NATIONAL COMMITTEE

1625 Eye Street, NW., Washington, D.C., 20006 Telephone: (202) 628-6800

Officers Chairman.— Ray C. Bliss, Ohio. Assistant Chairman.— Mrs. C. Wayland (Mary) Brooks, Idaho. Vice Chairmen.— Mrs. Collis P. Moore, Oregon. Donald R. Ross, Nebraska. Mrs. J. Willard Marriott, District of Columbia. J. Drake Edens, Jr., South Carolina. Secretary.— Mrs. Consuelo Northrop Bailey, Vermont. Treasurer.— J. William Middendorf II, New York. General Counsel.— Fred C. Scribner, Jr., Maine.

Executive Committee Mrs. Gwen Barnett, Idaho. Mrs. John D. Bowler, Jr., California. George F. Etzell, Minnesota. Albert B. Fay, Texas. George L. Hinman, New York. Edward G. Janeway, Vermont. Mrs. George Kellerman, Hawaii. Fred LaRue, Mississippi. John B. Martin, Michigan. Mrs. Waldo Moberly, Montana. Mrs. Audrey R. Peak, Illinois. William S. Powers, Colorado. Mrs. Carroll Reece, Tennessee. Tom Stagg, Louisiana. Miss Sarah Ann Stauffer, Pennsylvania. Jack McDonald, Chairman, Young Republican National Federation, Ex Offiicio. Mrs. J. Lloyd O’Donnell, President, National Federation of Republican Women, Ex Offiicio.

NATIONAL REPUBLICAN SENATORIAL COMMITTEE 445 Senate Office Building; Telephone: (202) 225-2351 George Murphy, California, Chairman. Hugh Scott, Pennsylvania, Vice Chairman. Roman L. Hruska, Nebraska. John Sherman Cooper, Kentucky. Strom Thurmond, South Carolina. Hiram L. Fong, Hawaii.

106 FACTUAL CAMPAIGN INFORMATION 107

J, Caleb Boggs, Delaware. Jack Miller, Iowa. John G. Tower, Texas. James B. Pearson, Kansas. Howard H. Baker, Tennessee. Edward W. Brooke, Massachusetts. Charles H. Percy, Illinois. Mark O. Hatfield, Oregon.

NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE Room 412, Congressional Hotel ; Telephone: (202) LI 4-3012 *Bob Wilson, California, Chairman. *William C. Cramer, Florida, Vice Chairman. *William L. Springer, Illinois, Vice Chairman (Finance). *William G. Bray, Indiana, Vice Chairman. *Silvio O. Conte, Massachusetts, Vice Chairman. *William McCulloch, Ohio, Vice Chairman. *Arch A. Moore, West Virginia, Vice Chairman. *Charles McC. Mathias, Jr., Maryland, Secretary. John Buchanan, Alabama. Howard Pollock, Alaska. Sam Steiger, Arizona. John Hammerschmidt, Arkansas. *H. Allen Smith, California. Don Brotzman, Colorado. Tom J. Meskill, Connecticut. William Roth, Delaware. S. Fletcher Thompson, Georgia. James McClure, Idaho. Fred Schwengel, Iowa. Gamer E. Shriver, Kansas. M. G. Snyder, Kentucky. *William Broomfield, Michigan. Clark MacGregor, Minnesota. Thomas B. Curtis, Missouri, *James Battin, Montana. Glenn Cunningham, Nebraska. James C. Cleveland, New Hampshire, *William B. Widnall, New Jersey. *Paul Fino, New York. *James Gardner, North Carolina, Mark Andrews, North Dakota. Page Belcher, Oklahoma. John Dellenback, Oregon. *John Saylor, Pennsylvania. Albert Watson, South Carolina. Ben Reifel, South Dakota. *William E. Brock, Tennessee, Auditing Committee Chairman. *Robert Price, Texas. Laurence Burton, Utah. Robert T. Stafford, Vermont. Joel T. Broyhill, Virginia.

•Member of Executive Committee. 108 FACTUAL CAMPAIGN INFORMATION

*Thomas Pelly, Washington. *Melvin R. Laird, Wisconsin. William H, Harrison, Wyoming. *Robert V. Fleming, Treasurer. *L Lee Potter, Executive Director. Wayne Bradley, Director of Administration. Paul A. Theis, Director of Public Relations. Lee Wade, Director of Art and Services.

•Member of Executive Committee. MEMBERS OP THE REPUBLICAN NATIONAL COMMITTEE AND CHAIRMEN OP THE STATE COMMITTEES

State National committee man National committee woman State chairman

Alabama______Charles H. Chapman, Jr., Post Office Mrs. Tom Abernethy, 504 South ^Alfred W. Goldthwaite, Gold- Drawer 220, Dothan, 36301. East St., Talladega, 35160. thwaite Bldg., 436 S. Gold­ thwaite St., Montgomery, 36104. Alaska______Lloyd Burgess, Post Office Box 1410, Mrs. Doris M. Barnes, Post Office * Robert A. Davenny, Post Office Fairbanks, 99701. Box 20, Wrangell, 99929. Box 2117, Anchorage, 99501. Arizona______John H. Haugh, 5705 North Camp­ Mrs. Forrest C. Braden, 700 2d Ave., *Harry Rosenzweig, 3300 North bell Ave., Tucson, 85718. Yuma, 85364. Central Ave., Phoenix, 85012. Arkansas______Winthrop Rockefeller, 530 Tower Mrs. Frank McGillicuddy, 2000 *Odell Pollard, P.O. Box 36, Searcy, Bldg., Little Rock, 72201. Magnolia St., Apartment No. 463, 72143. Rivercliff Apartments, Little Rock, 72202. California______Gardiner Johnson, 221 Sansome, Mrs. John D. Bowler, Jr. 177 Rivo *James W. Hailey, 351 California St., San Francisco, 94104. Alto Canal, Long Beach, 90803. Room 505, San Francisco, 94104. Colorado______William S. Powers, 2910 Security Mrs. Charles Gaylord, 410 Marion ♦Howard B. Propst, 1765 Sherman Life Bldg., Denver, 80202. St., Denver, 80218. St., Suite 300, Denver, 80203. Connecticut______John Alsop, Post Office Box 300, Mrs. Norman Harrower, Jr., 144 Howard E. Hausman, 410 Asylum Hartford, 06101. Edgehill Rd., New Haven, 06511. St., Room 315, Hartford, 06103. Delaware______Harry G. Haskell, Jr., 1300 Market Mrs. Clement W. Theobald, 213 ♦Clayton S. Harrison, Jr., 407 Dela­ St., Wilmington, 19801. West 14th St., Wilmington, 19801. ware Ave., Wilmington, 19801. District of Columbia. Lewis T. Breuninger, 1825 F St. Mrs. J. Willard Marriott, 4500 Gar­ Carl L. Shipley, 1625 Eye St. NW., NW., Washington, 20006. field St. NW., Washington, 20007. Washington, 20006. Florida______William C. Cramer, 2600 9th St., Mrs. Helene M. Morris, Le Cha­ ♦William F. Murfin, 325 S.E. 6th St., North, St. Petersburg. teau 37 Sunset Dr., Sarasota, Fort Lauderdale, 33301. 33577. Georgia______Roscoe Pickett, 2110 Fulton Na­ Mrs. A. Edward Smith, 801 Peach­ ♦G. Paul Jones, Jr., Post Office tional Bank Bldg., Atlanta, 30303. tree Dr., Columbus, 31906. Box 96, Macon, 31202. Hawaii______Randolph Crossley, Post Office Box Mrs. George Kellerman, 104 Wailupe Edward E. Johnston, 235 Queen 1061, Honolulu, 96808. Circle, Honolulu, 96821. St., Room B-1, Honolulu, 96813. Idaho______Harley B. Markham, Post Office Mrs. Gwen Barnett, 6525 Robert­ ♦John 0 . McM urray, Post Office Drawer 4518, Pocatello, 83201. son Dr., Boise, 83705. Box 2267, Boise, 83701. See footnotes at end of table. MEMBERS OF THE REPUBLICAN NATIONAL COMMITTEE AND CHAIRMEN OF THE STATE COMMITTEES—Continued

state National committeeman National committeewoman State chairman

Illinois______Robert D. Stuart, Jr., 345 Mer­ Mrs. Audrey R. Peak, 200 South 2d ♦Victor L. Smith, 205 South Frank­ chandise Mart, Chicago, 60654. St., Springfield, 62701. lin, Robinson, 62454. Indiana______Walter R. Beardsley, 1127 Myrtle Mrs. Cecil M. Harden, 302 5th St., Buena Chaney, 111 North Capitol St., Elkhart, 46514. Covington, 47932. Ave., Indianapolis, 46204. Iow a______Charles E. Wittenmeyer, 907 Daven­ Mrs. Elmer M. Smith, 654 59th St., ♦John E. Warren, 933 Insurance port Bank Bldg., Davenport, Des Moines, 50312. Exchange Bldg., Des Moines, 52801. 50309. Kansas______McDill Boyd, 251 F St., Phillips- Mrs. Allen R. Dodge, 207 Green­ ♦George E. Nettels, Jr., Room 500, burg, 67661. way Dr., Salina, 67401. Jayhawk Hotel, Topeka, 66603. Kentucky______Edwin G, Middleton, 501 South 2d Mrs. Fred V. Lucas, 207 West 7th John H. Kerr, 463 East Main St., St., Louisville, 40202. St., London, 40741. Lexington, 40507. Louisiana______Tom Stagg, 406 Petroleum Tower, Mrs. Charles deGravelles, 409 Azalea Charles deGravelles, 409 Azalea St., Shreveport, 71101. St., Lafayette, 70501. Lafayette, 70501. Maine______David A. Nichols, Post Office Box Mrs. Brooks Brown, Jr., Ramshead Cyril M. Joly, Jr., 222 Main St., 76, Lincoln ville, 04849. Farm, York, 03909. Water ville, 04901. Maryland______D. Eldred Rinehart, Smithsburg, Mrs. Katherine Black Massenburg, ♦Joseph M. Dukert, 9 West Hamil­ 21783. 5608 Burlington Way, Baltimore, ton, Baltimore, 21201. 21212 Massachusetts______Bruce Crane, 45 Main St., Dalton, Mrs. Roger H. Hallowell, 585 Gay ♦Josiah A. Spaulding, 146 Bowdoin 01226. St., W estwood, 02090. St., Boston, 02108. Michigan______John B. Martin, 600 Old Kent Mrs. Albert S. Koeze, 2036 Radcliff, ♦Mrs. Elly M. Peterson, 404 E. Bldg., One Vandenberg Center, SE., Grand Rapids, 49506. Michigan Ave., Lansing, 4S933. Grand Rapids, 49502. Minnesota______George F. Etzell, Clarissa, 56440____ Mrs. Russell T. Lund, 4814 South ♦George Thiss, 4940 Viking Dr., Lakeview Dr., Minneapolis, 55424. Minneapolis, 55435. Mississippi______Fred La Rue, Post Office Box 2599, Mrs. James F. Hooper, 800 8th St. ♦Clarke Reed, Post Office Box 894, Jackson, 39207, North, Columbus, 39701. Greenville, 38701. Missouri______Gene Taylor, Post Office Box 308, Mrs. M. Stanley Ginn, 303 West Dorman L. Steelman, 129^ E. Sarcoxie, 64862. Blvd. South, Columbia, 65201. High St., P.O. Box 73, Jefferson City, 65101. M ontana______James E. Murphy, 1 Main St., Mrs. Isabel C. Moberly, 485 Judy ♦M. F. (Millett) Keller, 3101 4th Kalispell, 59901. Ave., Shelby, 59474. Ave., North, Great Falls, 59401. N e b ra s k a -______Donald R. Ross, 1406 Kiewit Plaza, Mrs. Clifton B. Batchelder, 6875 ♦Mrs. James (Lorraine) Orr, 402 Farnam at 36th, Omaha, 68131. State St., Omaha, 68152. S. Jefferson, North Platte, 69101. Nevada______Melvin E. Lundberg, 542 Commer­ Mrs. Karl F. Weikel, YKL Ranch, ♦George W. Abbott, Post Office Box cial St., Elko, 89801. Searchlight, 89046. 396, Minden, 89423. New Hampshire_____ Perkins Bass, Peterborough, 03458— Mrs. Thomas W. Bovaird, 539 North ♦John Palazzi, 134 North Main St., River Rd., Manchester, 03104. Concord, 03301. New Jersey______Bernard M. Shanley, 570 Broad St., Mrs. Katherine K. Neuberger, 628 Webster B. Todd, Room 405, Newark 07102. Middletown-Linoroft Rd., Lin- Trenton Trust Bldg., 28 West croft, 07738. State St., Trenton, 08608. New M exico______Anderson Carter, Post Office Box Mrs. Floyd W. Lee, San Mateo, 87050. ♦Rex Mattingly, 900-B Park Ave., 725, Lovington, 88260. SW., Albuquerque, 87102. New Y ork______George L. Hmman, Hoorn 5600, 30 Mrs. Keith McHugh, 10 Grade ♦Charles A. Schoeneck, Jr., 315 Rockefeller Plaza, New York, Square, New York 10028. State St., Albany 12210. 10020. North Carolina______J. E. Broyhill, Wilkesboro Rd., Mrs. Louis G. Rogers, Route 3, Box James E. Holshouser, Jr., Post Lenoir, 28645. 251-A, Charlotte, 28210. Office Box 328, Boone, 28607. North Dakota—...... Roland E. Meidinger, 733 Fifth St., Mrs. Marian N. Bertsch Prospect ♦Thomas L. Secrest, Post Office Box NE., Jamestown, 58401. Point, Bismarck, 58501 207, Hettinger, 58639. Ohio______R ^ C. Bliss, 2315 1st National Mrs. Katharine Kennedy Brown, ♦John S. Andrews, 50 West Broad Tower, Akron 44308. Post Office Box 324, Dayton, 45401. St., Suite 618, Columbus, 43215. Oklahoma______Bud Wilkinson, 1408 Brookside Dr., Mrs. Dorcas B. Kelly, Post Office ♦E. L. (Bud) Stewart, Jr., 103 NW. Norman, 73069. Box 1199, Bristow, 74010. 23rd., Oklahoma City, 73103. Oregon______George P. Stadelman, Post Office Mrs. Collis P. Moore, Box 225, ♦Irving Enna, 1029 SW. Columbia Box 143, The Dalles, 97058. Moro, 97039. St., Portland, 97201. Pennsylvania—...... Thomas B. McCabe, care of Scott Miss Sarah Ann Stauffer, Rohrers- ♦John C. (Jack) Jordan, Post Office Paper Co., Philadelphia 19113. town, Lancaster County, 17571. Box 1624, Harrisburg, 17105. Puerto Rico.— _____ James Pieras, Jr., Post Office Box Mrs. Gilda Julia, Box 8548, Santurce, Arturo Ortiz Toro, P.O. Box 3431 10145, Santurce Station, San 00910. (Capitolio), San Juan, 00904. Juan 00908. Rhode Island______Bayard Ewing, 15 Westminster St., Mrs. D. Eldredge Jackson, Jr., 99 ♦Howard E. Russell, Jr., 87 Wey- Providence, 02903. President Ave., Providence, 02906. bosset Ave., Providence, 02903. South Carolina______J. Drake Edens, Jr., 905 Arbutus Mrs. Edgar L. Morris, 813 Woodland ♦Harry S. Dent, Post Office Box Dr., Columbia, 29205. Dr., Columbia, 29205. 5283, Columbia, 29205. South Dakota______Henry Moeller, Post Office Box 419, Mrs. Louise B. Humphrey, White ♦Charles A. Howard, Jr., Box 248, Vermillion, 57069. River, 57579. Aberdeen. 57401. See footnotes at end of table. MEMBERS OF THE REPUBLICAN NATIONAL COMMITTEE AND CHAIRMEN OF THE STATE COMMITTEES— Continued

state National committee man National committee woman state chairman

Tennessee______Harry C. Carbaugh, 215-D Maclel- Mrs. Carroll Reece, 1201 W ood­ Claude K. Robertson, 1412 Hamil­ lan Bldg., Chattanooga, 37402. land Ave., Johnson City, 37601. ton Bank Bldg., Knoxville, 37902 Texas______Albert B. Fay, 1801 Dallas Ave., Mrs. Tobin Armstrong, Armstrong Peter O’ Donnell, Jr., 4275 1st Houston, 77003. Ranch, Armstrong, 78338. National Bank Bldg., Dallas 75202 Utah______Kendall D. Garff, 531 South State Mrs. Madge Fairbanks, 2757 St. *Richard Richards, 200 Kiesel Bldg., St., Salt Lake City, 84111. Mary’s Way, Salt Lake City, Ogden, 84401. 84108. Vermont______Edward G. Janeway, Post Office Box Mrs. Consuelo Northrop Bailey, *Elbert G. Moulton, Post Office Box 117, South Londonderry, 05155. Strong Bldg., Burlington, 05401. 70, Montoelier, 05602. Virginia______I. Lee Potter, 3120 North Wakefield Mrs. Hazel K. Barger, 3642 Sunrise Robert J. Corber, 3701 North St. Arlington, 22207. Ave. N.W., Roanoke, 24012. Harrison, Arlington, 22207. Virgin Islands______Evan A. Francois, Post Office Box Miss Bernice Wolfrey, Post Office Omar Brown, Post Office Box 521, 276, St. Thomas, 00802. Box 1444, Christiansted, St. Croix, Charlotte Amalie, St, Thomas, 00820. 00801. Washington.______Robert D. Timm, Route 6, Box 142, Mrs. Albert L. Cooper, 6822-50th *C. M ontgomery Johnson, 497 Olympia, 98502. Ave. NE., Seattle, 98115. Tyee Dr., Olympia, 98501. West Virginia. . ___ Arch A. Moore, Jr., Post Office Box Mrs. Irvin Humphreys, 1546 16th John C. Shott, WHIS- TV, Broad­ 308, Moundsville, 26041. St. Huntington, 25701. cast Center, Bluefield, 24701. Wisconsin______. * John E. Hough, Post Office Box 591, Mrs. Byron Ising, 514 Gehres Ct., *Ody J. Fish, 135 Cottonwood Janesville, 53545. Oshkosh, 54901. Ave., Hartland, 53029. W yom ing. ___ . Joseph L. Budd, Post Office Box Mrs. Jack L. Stacy, Post Office Box *Clarence A. Brimmer, Post Office 340, Big Piney, 83113. 96, Douglas 82633. Box 241, Casper, 82601.

*State chairman entitled to membership in the Republican National Committee under Republican National Convention rule. 19(b); State cast electoral vote for Republican candidate for President or has a Republican Governor or has a Republican majority of Members in both Houses of Congress. 1 Nominated—not yet elected. o SCHEDULE FOR EAST COAST

Oct. 21 Monday

7:00 A.M. - Lv. Washington, D.C. 8:08 A.M. - Arr. Buffalo, New York

9:30 A.M. - Address - Canasius College

11:30 A.M, - Press Conference

Noon - Luncheon - Joe Gragle (Party Leaders)

2:00 P.M. -Lv. Syracuse

2:45 P.M. - Arr. New York City

3:00 P.M. - Press Conference

5:30-6:30 - Rest

8:00 P.M. - Dinner - Major Address

10:00 P.M. - John Burns - Party Leaders

Oct. 22, Tuesday

8:30 A.M. - Lv. for Newark, New Jersey

10:00 A.M. - Breakfast - Clinton Inn

11:15 A.M. - Home of the Mayor

2:00 P.M. - Dickerson College

3:30 P.M. - Golden H Restaurant - Senior Citizens

4:15 P.M.

5:30 P.M.

8:00 P.M. - Middle School (Black pitch)

8:45 P.M. - Campaign Headquarters - Press Conference

9:15 P.M. - County Chairman’s Home - East Patterson

Drive to New York

10:30 - Radio Show for fifteen minutes

Stay overnite at Pierre Hotel 2.

Oct. 23, Wednesday

Noon - Lunch with 400 Insurance Executives

Afternoon - Brooklyn - St. Francis College St. Joseph College

Lv. 7:00 P.M. UAL for San Francisco SENATOR INOUYE'S SCHEDULE FOR OCTOBER 24, 1968

7:30 a.m. San Francisco, appear on KGO-TV call-in show

8:15 a.m. Breakfast - fund-raiser for San Francisco Headquarters at Del Webb’s Townehouse Motel

9:30 a.m. Press Conference at Del Webb's

10:30 a.m. Leave by car for Sunny Vale, California

11:25 a.m. Arrive Sunny Vale, Westinghouse Plant

12:00 noon Speak before employees of Westinghouse, approximately 2,000-3,000 people, on an outside patio during lunch.

12:30 p.m. Grayson Taketa fund-raising lunch (Taketa is a Japanese-American running for Congress against Gubser.)

2:00 p.m. San Jose press conference.

5:30 p.m. Arrives Modesto for Finance fund-raising cocktail party.

7:30 p.m. Arrives Stockton, fund-raising cocktail party.

8:00 p.m. Dinner in Stockton (1,200 people)

OVERNIGHT IN SACRAMENTO

7:30 a.m. Wheels up for Los Angeles, United flight 551, arrival 8:32 a.m. SENATOR INOUYE'S SCHEDULE FOR OCTOBER 25, 1968

9:00 - 10:30 a.m. Japanese-American Business Men

11:00 - 12:30 p.m. Tour of Major Industry Plants

12:45 - 2:00 p.m. Luncheon - Men on The Move for Humphrey

2:00 - 5:00 p.m. Press - Interviews

5:00 - 7:00 p.m. Fund-Raising Cocktail Party in Palace Verdes Estates

8:30 - 11:00 p.m. Fund-Raising (Guest Speaker) Dinner Culver City SENATOR INOUYS'S SCHEDULE FOR OCTOBER 26, 1968

10:00 a.m. - 2:00 p.m. Orange County Tour with Congressman Hanna

3:00 p.m. Back in Los Angeles

4:00 - 5:00 p.m. Fund-raising Reception for Labor Leaders (Sponsored by Business Men for Humphrey)

6:00 - 8:00 p.m. Two more receptions after the Labor reception - in San Fernando Valley. Still to be firmed up. Senator Inouye’s Pay in Upstate New York Oct. 21

7 :00 am Depart Washington via United Air Lines

8 :08 am Arrive Buffalo

9 :30 am Canisius College address

11:00 Am press conference

NOON Lunch with party leaders (about 3 or 400 of them)

2:00 pm Depart Buffalo for Syracuse

2:45 pm Arrive Syracuse

3:00 pm Maria Regina College address students from LeMoyne College will also attend

4:30 pm press conference

5:30 pm Rest until 6:30 pm

- 6 :30 pm cocktails

8:00 pm Onandaga County Dinner (Syracuse)

10:00 pm private reception

RON Syracuse (Hotel Syracuse) Senator Inouve's Day in New Jersey Oct. 22

7 :30 am Depart Syracuse on Mohawk #50

8 :18 am Arrive Newark (met by Mr. Shelly Blum, Mrs. Audrey Finegold, and Anthony Andora, County Chairman)

10:00 am Democratic breakfast in Tenafly at the Clinton Inn,

11:00 am Cottage party---Northdale— -home of Mayor and Mrs. John Hogan

LUNCH

2:00 pm Speak at Fairleigh-Dickinson College at Rutherford.

3 :30 pm Senior Citizens Group, Golden H Club in Woodridge,

4:15 pm Reception for Senior Citizens at Red Lion Inn in Hackensack.

5:30 pm Cocktails and cottage party at home of Mrs, Pfister.

8:00 pm Middle School in Hackensack (Senator Clarence Mitchell will also be there)

8 :45 pm stop at headquarters.

9:15 pm Reception for Bergen County VIPS at home of Anthony Andora, County Chairman. 103 Willow Street, East Paterson

X X X X XXXXXXXXX XXX Depart for New York City and appearance on Barry Gray Show (WMC A ) . Barry Gray is statewide radio talk show from 11:15 pm to lam . The Senator could depart after 15 or 20 minutes.

RON: Hotel Pierre, New York City. Senator Inouye's Day in New York City Oct. 23 morning: REST

NOON: luncheon with 3 to 400 business insurance executives (Senator should make brief remarks; will not be the main speaker).

Afternoon: Brooklyn

Youth Forum, St. Francis College

Youth Forum, St. Joseph College

DEPART JFK VIA UNITED AIR LINES AT 7:30 PM FOR PACIFIC COAST Please call George Syvester, 415 - 421-9230, when definite arrangements been made for Sen. Inouye to San Francisco. He has as tentative to arrive in San Francisco at 10:25 p.m., Wednesday, October 23.

Schedule is as follows:

Overnight at Sherton-Palace, San Francisco

Thursday, October 24

8:45 a.m. leave hotel 9:00 - 9:30 a.m. Press Conference, San Francisco Humphrey Headquarters, 1499 Market Street

9:30 - 10:15 a.m. (Not firm) Meet with Jap-American Group, address as above

10:15 Leave San Francisco

11:15 Arrive Sunnyvale ~ rest 20 minutes to 1/2 hour at private home — being arranged by Dorthy Gray Taketa

11:55 Arrive Westinghouse Plant

12:00 - 12:30 P.M. Speak to workers with Taketa

12:45 - 2:00 P.M. Lunch - Palo Alto

2:00 - 4:00 P.M. Open

4:00 Leave San Jose by private plane

4:30 - 5:00 Press Conference, Modesto

5:30 - 6:30 Modesto Finance Cocktail Party

6:30 Leave Modesto by private plane

7:00 - 7:30 Stockton Finance Cocktail Party

7:30 - 10:00 Stockton Dinner

10:00 Leave Stockton by car

11:00 Arrive Sacramento — remain overnight

Friday, October 25:

7:30 A.M. Leave Sacramento on United Flight #551

8:32 A.M. Arrive Los Angeles Senator Inouye’s Schedule

October 25

9:00-10:30 A.M. Breakfast with Japanese-American business men. Pal Watanabe and Dick Sherwood responsible.

11:00-12:30 P.M. Tour of plants: Aerojet-General, TRW and Hughes. Joe Lipper responsible.

12:45-2:00 P.M. Luncheon sponsored by Business Men, Union Oil Building. Joe Lipper and Skipper Rosker responsible.

2:00-5:00 Reserved for press.

5 :oo-7:00 Cocktail fund-raiser at Palos Verdes Estates. Ted Halpern responsible.

8:30-11:00 Fund-raisng dinner in Culver City. Dr. Marmor responsible.

October 26

10:00-2:00 Campaign tour of Orange County- coordinated with Dick Hanna's office. 3:00-6:00 Cocktail reception for Labor leaders. Stephen Reinhardt responsible. 7:00- on Cocktail and/or dinner sponsored by Valley Business men for Humphrey.

The speaker's Bureau in Los Angeles, i.e. Barbara Double should be contacted for any further details on this. NY-6FS 1-67 International Facsim ile Telegram Via ITT Sending Blank FOR ITT USE ONLY PLEASE INSERT YOUR ITT IDENT.

Ul — XDS Sender V i a To be billed Senator Daniel K. Inouye ETAT To Kimie Ishibashi Insert "ITT" Room 414 FAA Building OFFICIAL MESSAGE 1833 Kalakaua Avenue Honolulu, Hawaii

Night of October 21, DKI can be reached at Hotel Syracuse 315 422-5121. Night of October 22 - Hotel Pierre New York City. Night of Oct. 23 Sheraton-Palace in San Francisco. Alice Towill

Type or write within the border Secretary

A ll messages are accepted subject to rates, rules and regulations in the applicable tariffs an file with the Federal Communications Commission Full rate unless LT specified

ITT World Communications Inc. subsidiary of International Telephone and Telegraph Corporation NY-6FS 1-67 International F acsimile Telegram Via ITT Sending Blank FOR ITT USE ONLY PLEASE INSERT YOUR ITT IDENT. UI_ XDS Date 10/24/68 Sender Senator Daniel K. Inouye To be billed ViaETAT To Insert "ITT" Kimie Ishibashi Room 414 FAA Building OFFICIAL MESSAGE 1833 Kalakaua Avenue Honolulu, Hawaii

Night of October 24th, DKI can be reached at Mansion Inn, Sacramento, California. Night of Oct. 25th Central Plaza Hotel in Los Angeles.

Alice Towill Type or write within the border Secretary AU messages are accepted subject to rates, rules and regulations in the applicable tariffs on file with the Federal Communications Commission Full rate unless L T specified

ITT World Communications Inc. subsidiary o f International Telephone and Telegraph Corporation TUESDAY - October 22

Barry Gray Show -

Miss Leona John Paul will meet him at studio

Barry Gray will be doing the interview and it is a fast and sometimes rought show. This man thinks that he is an instant expert. Sharp Tonque.

Barry Gray's sxxxx audience is basically regional in New York and xxxxx the audience has been exposed to a lot of McCarthy stuff over the past year.

However, Mr. Gray just recently came out for Vice President.

Only on about 15 or twenty minutes

WEDNESDAY - October 23

Press Aide will pick him up at hotel and take him to ABC for interview - this is radio and not television Newwork interview This interview will be used and cut up nationally - aired on all ABC stations - just use parts in some places

Will be asking questions on issues and current developments about 15 minutes

Used by about 300 radio stations around the country basically a national audience

12:00 Congressman Carey will pick up DKI and take him to Brooklyn

12:30 St. Francis College - rally xxxxxxxxxxxxxxx - impossible to say how many people will show since these were all put together around the Senator's visit - no need for advance copies (mine)

Rally put xxx together by International Relations Club and Students for Humphrey Muskie - brief remarks - Speakers Bureau s u ggested that he talk on foreign policy -

Question and answer period following brief remarks if possible WEDNESDAY - October 23rd

1:40 St. Joseph College - Women's school - introduced in audience by Claire Collins, a faculty member

again it is a rally in an auditorium impossible to tell how many people will be there -

again, question and answer following r e m a r k s

2:30 St. John's University - relatively large university

Rally in gymnasium

To be introduced by member of faculty student body To bemet at door by Tom Donahue a member of

Again question and answer following brief remarks

Back to Hotel Pierre to pick up bags - Driver will take them to Channel 13 for 5:30 interview of about 1/2 hour if want to g et the e arlier for makeup OK Taped with Mr. Mitchell Krause

extremely interesting and erudite interviewed for a discussion of issues and current events.

Chanel 13 is Eastern Seabord's Educational TV network to be shown up and down Eastern Seabord that evening at 10:00 - moving up the time especially so can get DKI

xxxxxx and HHH have been on the show Senator Muskie, Senator harris

Extremely pleasant guy to be interviewed by Tuesday - October 23

10:00 Democratic Breakfast in Tenafly at Clinton Inn with local Demos.

125 Women - DKI spoke on political campaign and compared three presidential and vice-presidential candidates 1/2 hour

11:00 Cottage Party --Northdate-----home of Mayor and Mrs. John Hogan - 60 people - basic campaign speech as above

2:00 Fairleigh-Dickinson College at Rutherford 200 students and faculty DKI spoke 1/2 hour on Vietnam 1 hour question and answers

3:30 Senior Citizens Group Golden H Club in Woodridge 85 people - DKI spoke on horrors of war and understanding Vietnam

4:15 Reception for Senior Citizens at Red Lion Inn in Hackensack

5:30pm Cocktails and cottage party at home of Mrs. Pfister 125 people

8:00pm Middle School in Hackensack (Senator Clarence Mitchell will also be there

75 people - DKI spoke on law and order, law and justice compared George Wallace with Hitler

8:45 Stop at Headquarters

9:15 pm Reception for Bergen County VIPS at home of Antony Andors, County Chairman, 103 Willow Street, East Paterson, New Jersey - law and order and law and justice - Hitler to George Wallace

Necessity for last big effort - urgent discusses the Supreme Court and how if Nexon becomes President opportunity to appoint possible three new Justices who will be conservatives (talks about Fortas in Jewish areas and audiences)

importance of debate and how Nixon felt it was important in 1960 (Nixon's book - Six Crises) Henry called with following:

Don Horio fo Governor's office called to ask you on behalf of Governor to release your three one minute spots for use by Herman Lemke on:

Thursday 8:00 PM KHVH Thursday 8:35 PM KHON Friday 7:35 PM KHON

You have had a very light TV coverage during the primary only 24 spots and these last three would ring it up to 27 in all.

Jack DeMello feels that the spots are needed for you.

Henry will not do anything until he hears from you. He will not release them until he hears from you.

Message to Maggie Will call me at 9:00 am Contact him at the Kahala Hilton at Doorman's party DINNER WITH DAN FORM LETTER

The "Dinner with Dan" kickoff of my 1968 campaign for re-election to the United States Senate was an outstanding success and one that pleased me very much.

Your very special contribution played an important part in making the affair as successful as it was and 1 want you to know that I am most appreciative.

Thanks to you my campaign is well on its way,

(Which closing would you prefer?)

With warmest Aloha,

S in c e r e ly ,