IB 

Union Calendar No. 215 

111TH CONGRESS 

1ST SESSION H. R. 512 

[Report No. 111–363] 

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 

JANUARY 14, 2009 

Mrs. DAVIS of California introduced the following bill; which was referred to 

the Committee on House Administration 

DECEMBER 8, 2009 

Additional sponsors: Mr. GONZALEZ and Mr. HOLT

DECEMBER 8, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 14, 2009] 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Election Integ3 rity Act of 2009’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) chief State election administration officials 

7 have served on political campaigns for Federal can8 didates whose elections those officials will supervise; 

9 (2) such partisan activity by the chief State elec10 tion administration official, an individual charged 

11 with certifying the validity of an election, represents 

12 a fundamental conflict of interest that may prevent 

13 the official from ensuring a fair and accurate elec14 tion; 

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

16 State election administration officials to supervise 

17 Federal elections, undermines the integrity of Federal 

18 elections, and diminishes the people’s confidence in 

19 our electoral system by casting doubt on the results of 

20 Federal elections; 

21 (4) the Supreme Court has long recognized that 

22 Congress’s power to regulate Congressional elections 

23 under Article I, Section 4, Clause 1 of the Constitu24 tion is both plenary and powerful; and 

25 (5) the Supreme Court and numerous appellate 

26 courts have recognized that the broad power given to 


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1 Congress over Congressional elections extends to Presi2 dential elections. 

3 SEC. 3. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF 

4 STATE ELECTION ADMINISTRATION OFFI5 CIALS. 

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

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

8 by inserting after section 319 the following new section: 

9 ‘‘CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION

10 ADMINISTRATION OFFICIALS

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

12 for a chief State election administration official to take an 

13 active part in political management or in a political cam14 paign with respect to any election for Federal office over 

15 which such official has supervisory authority. 

16 ‘‘(b) CHIEF STATE ELECTION ADMINISTRATION OFFI17 CIAL.—The term ‘chief State election administration offi18 cial’ means the highest State official with responsibility for 

19 the administration of Federal elections under State law. 

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

21 A POLITICAL CAMPAIGN.—The term ‘active part in political 

22 management or in a political campaign’ means— 

23 ‘‘(1) serving as a member of an authorized com24 mittee of a candidate for Federal office; 


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1 ‘‘(2) the use of official authority or influence for 

2 the purpose of interfering with or affecting the result 

3 of an election for Federal office; 

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

5 contribution from any person on behalf of a candidate 

6 for Federal office; and 

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

8 under paragraph (2) or (3) of section 7323(b) of title 

9 5, United States Code, if taken by an individual to 

10 whom such paragraph applies (other than any prohi11 bition on running for public office). 

12 ‘‘(d) EXCEPTION FOR CAMPAIGNS OF OFFICIAL OR IM13 MEDIATE FAMILY MEMBERS.— 

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

15 to a chief State election administration official with 

16 respect to an election for Federal office in which the 

17 official or an immediate family member of the official 

18 is a candidate. 

19 ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.—In 

20 paragraph (1), the term ‘immediate family member’ 

21 means, with respect to a candidate, a father, mother, 

22 son, daughter, brother, sister, husband, wife, father-in23 law, or mother-in-law.’’. 

24 (b) EFFECTIVE DATE.—The amendments made by sub25 section (a) shall apply with respect to the regularly schedVerDate Nov 24 2008 21:36 Dec 08, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H512.RH H512

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1 uled general election for Federal office held in November 

2 2010 and each succeeding election for Federal office. 


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Union Calendar No. 215 

111TH CONGRESS 

1ST SESSION H. R. 512 

[Report No. 111–363] 

A BILL 

To amend the Federal Election Campaign Act of 

electoral campaigns. tration officials from actively participating in 1971 to prohibit certain State election adminisDECEMBER 8, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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