I 

111TH CONGRESS 

1ST SESSION H. R. 512 

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 

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 2009’’. 

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 ELEC2 TION ADMINISTRATION OFFICIALS. 

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

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

5 by inserting after section 319 the following new section: 

6 ‘‘CAMPAIGN ACTIVITIES BY ELECTION OFFICIALS

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

8 for a chief State election administration official to take 

9 an active part in political management or in a political 

10 campaign with respect to any election for Federal office 

11 over which such official has supervisory authority. 

12 ‘‘(b) CHIEF STATE ELECTION ADMINISTRATION OF13 FICIAL.—The term ‘chief State election administration of14 ficial’ means the highest State official with responsibility 

15 for the administration of Federal elections under State 

16 law. 

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

18 IN A POLITICAL CAMPAIGN.—The term ‘active part in po19 litical management or in a political campaign’ means— 

20 ‘‘(1) serving as a member of an authorized com21 mittee of a candidate for Federal office; 

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

23 for the purpose of interfering with or affecting the 

24 result of an election for Federal office; 


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

2 political contribution from any person on behalf of 

3 a candidate for Federal office; 

4 ‘‘(4) the solicitation or discouragement of the 

5 participation in any political activity of any person; 

6 ‘‘(5) engaging in partisan political activity on 

7 behalf of a candidate for Federal office; and 

8 ‘‘(6) any other act prohibited under section 

9 7323(b)(4) of title 5, United States Code (other 

10 than any prohibition on running for public office).’’. 

11 (b) ENFORCEMENT.—Section 309 of such Act (42 

12 U.S.C. 437g) is amended by adding at the end the fol13 lowing new subsection: 

14 ‘‘(e)(1) Notwithstanding paragraphs (1) through (5) 

15 of subsection (a), any person who has knowledge that a 

16 violation of section 319A has occurred may file a com17 plaint with the Commission. Such complaint shall be in 

18 writing, signed and sworn to by the person filing such 

19 complaint, shall be notarized, and shall be made under 

20 penalty of perjury subject to the provisions of section 1001 

21 of title 18, United States Code. The Commission shall 

22 promptly notify any person alleged in the complaint, and 

23 shall give such person an opportunity to respond. Not later 

24 than 14 days after the date on which such a complaint 


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1 is filed, the Commission shall make a determination on 

2 such complaint. 

3 ‘‘(2) If the Commission determines by an affirmative 

4 vote of a majority of the members voting that it has reason 

5 to believe that a person has committed a violation of sec6 tion 319A, the Commission shall require the person to pay 

7 a civil money penalty in an amount determined under a 

8 schedule of penalties which is established and published 

9 by the Commission.’’. 

Æ 


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