I 

113TH CONGRESS 

1ST SESSION H. R. 1636 

To amend the Federal Election Campaign Act of 1971 to prohibit certain 

State election administration officials from actively participating in electoral campaigns. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 18, 2013 

Mrs. DAVIS of California (for herself, Mr. HASTINGS of Florida, Mr. MORAN, 

Mr. LARSON of Connecticut, and Mr. BRADY of Pennsylvania) introduced 

the following bill; which was referred to the Committee on House Administration 

A BILL 

To amend the Federal Election Campaign Act of 1971 to 

prohibit certain State election administration officials 

from actively participating in electoral campaigns. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Election Integ5 rity Act of 2013’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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1 (1) chief State election administration officials 

2 have served on political campaigns for Federal can3 didates whose elections those officials will supervise; 

4 (2) such partisan activity by the chief State 

5 election administration official, an individual 

6 charged with certifying the validity of an election, 

7 represents a fundamental conflict of interest that 

8 may prevent the official from ensuring a fair and ac9 curate election; 

10 (3) this conflict impedes the legal duty of chief 

11 State election administration officials to supervise 

12 Federal elections, undermines the integrity of Fed13 eral elections, and diminishes the people’s confidence 

14 in our electoral system by casting doubt on the re15 sults of Federal elections; 

16 (4) the Supreme Court has long recognized that 

17 Congress’s power to regulate Congressional elections 

18 under Article I, Section 4, Clause 1 of the Constitu19 tion is both plenary and powerful; and 

20 (5) the Supreme Court and numerous appellate 

21 courts have recognized that the broad power given to 

22 Congress over Congressional elections extends to 

23 Presidential elections. 


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1 SEC. 3. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF 

2 STATE ELECTION ADMINISTRATION OFFI3 CIALS. 

4 (a) IN GENERAL.—Title III of the Federal Election 

5 Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended 

6 by inserting after section 319 the following new section: 

7 ‘‘CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION

8 ADMINISTRATION OFFICIALS

9 ‘‘SEC. 319A. (a) PROHIBITION.—It shall be unlawful 

10 for a chief State election administration official to take 

11 an active part in political management or in a political 

12 campaign with respect to any election for Federal office 

13 over which such official has supervisory authority. 

14 ‘‘(b) CHIEF STATE ELECTION ADMINISTRATION OF15 FICIAL.—The term ‘chief State election administration of16 ficial’ means the highest State official with responsibility 

17 for the administration of Federal elections under State 

18 law. 

19 ‘‘(c) ACTIVE PART IN POLITICAL MANAGEMENT OR

20 IN A POLITICAL CAMPAIGN.—The term ‘active part in po21 litical management or in a political campaign’ means— 

22 ‘‘(1) serving as a member of an authorized com23 mittee of a candidate for Federal office; 

24 ‘‘(2) the use of official authority or influence 

25 for the purpose of interfering with or affecting the 

26 result of an election for Federal office; 


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1 ‘‘(3) the solicitation, acceptance, or receipt of a 

2 contribution from any person on behalf of a can3 didate for Federal office; and 

4 ‘‘(4) any other act which would be prohibited 

5 under paragraph (2) or (3) of section 7323(b) of 

6 title 5, United States Code, if taken by an individual 

7 to whom such paragraph applies (other than any 

8 prohibition on running for public office). 

9 ‘‘(d) EXCEPTION FOR CAMPAIGNS OF OFFICIAL OR

10 IMMEDIATE FAMILY MEMBERS.— 

11 ‘‘(1) IN GENERAL.—This section does not apply 

12 to a chief State election administration official with 

13 respect to an election for Federal office in which the 

14 official or an immediate family member of the offi15 cial is a candidate. 

16 ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.— 

17 In paragraph (1), the term ‘immediate family mem18 ber’ means, with respect to a candidate, a father, 

19 mother, son, daughter, brother, sister, husband, 

20 wife, father-in-law, or mother-in-law.’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall apply with respect to elections for 

23 Federal office held after December 2013. 

Æ 


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