IIB 

111TH CONGRESS 

2D SESSION H. R. 512 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 15, 2010 

Received; read twice and referred to the Committee on Rules and 

Administration 

AN ACT 

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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HR 512 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Election Integ3 rity Act of 2010’’. 

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 

10 election administration official, an individual 

11 charged with certifying the validity of an election, 

12 represents a fundamental conflict of interest that 

13 may prevent the official from ensuring a fair and ac14 curate election; 

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

16 State election administration officials to supervise 

17 Federal elections, undermines the integrity of Fed18 eral elections, and diminishes the people’s confidence 

19 in our electoral system by casting doubt on the re20 sults of 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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HR 512 RFS 

1 Congress over Congressional elections extends to 

2 Presidential 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 

13 an active part in political management or in a political 

14 campaign with respect to any election for Federal office 

15 over which such official has supervisory authority. 

16 ‘‘(b) CHIEF STATE ELECTION ADMINISTRATION OF17 FICIAL.—The term ‘chief State election administration of18 ficial’ means the highest State official with responsibility 

19 for the administration of Federal elections under State 

20 law. 

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

22 IN A POLITICAL CAMPAIGN.—The term ‘active part in po23 litical management or in a political campaign’ means— 

24 ‘‘(1) serving as a member of an authorized com25 mittee of a candidate for Federal office; 


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HR 512 RFS 

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

2 for the purpose of interfering with or affecting the 

3 result of an election for Federal office; 

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

5 contribution from any person on behalf of a can6 didate for Federal office; and 

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

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

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

10 to whom such paragraph applies (other than any 

11 prohibition on running for public office). 

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

13 IMMEDIATE 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 offi18 cial is a candidate. 

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

20 In paragraph (1), the term ‘immediate family mem21 ber’ means, with respect to a candidate, a father, 

22 mother, son, daughter, brother, sister, husband, 

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


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

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

3 Federal office held after December 2010. 

4 SEC. 4. COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO 

5 ACT OF 2010. 

6 The budgetary effects of this Act, for the purpose of 

7 complying with the Statutory Pay-As-You-Go Act of 2010, 

8 shall be determined by reference to the latest statement 

9 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

10 Act, submitted for printing in the Congressional Record 

11 by the Chairman of the House Budget Committee, pro12 vided that such statement has been submitted prior to the 

13 vote on passage. 

Passed the House of Representatives September 29, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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