II 

109TH CONGRESS 

1ST SESSION S. 391 

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

State election administration officials from actively participating in electoral campaigns. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2005 

Mr. LAUTENBERG (for himself, Mr. KERRY, Mrs. BOXER, and Mrs. CLINTON) 

introduced the following bill; which was read twice and referred to the 

Committee on Rules and 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 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 
2 

•S 391 IS

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. 
3 

•S 391 IS

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 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; 
4 

•S 391 IS

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

2 political contributions 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 the Federal 

12 Election Campaign Act of 1971 (42 U.S.C. 437g) is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(d)(1) Notwithstanding paragraphs (1) through (5) 

16 of subsection (a), any person who has knowledge of a vio17 lation of section 319A has occurred may file a complaint 

18 with the Commission. Such complaint shall be in writing, 

19 signed and sworn to by the person filing such complaint, 

20 shall be notarized, and shall be made under penalty of per21 jury subject to the provisions of section 1001 of title 18, 

22 United States Code. The Commission shall promptly no23 tify any person alleged in the complaint and the candidate 

24 with respect to whom a violation is alleged, and shall give 

25 such person and such candidate an opportunity to re-
5 

•S 391 IS

1 spond. Not later than 14 days after the date on which 

2 such a complaint is filed, the Commission shall make a 

3 determination on such complaint. 

4 ‘‘(2)(A) If the Commission determines by an affirma5 tive vote of a majority of the members voting that a person 

6 has committed a violation of section 319A, the Commis7 sion shall require the person to pay a civil money penalty 

8 in an amount determined under a schedule of penalties 

9 which is established and published by the Commission. 

10 ‘‘(B) If the Commission determines by an affirmative 

11 vote of a majority of the members voting that a person 

12 has committed a violation of section 319A under subpara13 graph (A) and that the candidate knew of the violation 

14 at the time such violation occurred, the Commission may 

15 require such candidate to pay a civil money penalty in an 

16 amount determined under a schedule of penalties which 

17 is established and published by the Commission.’’. 

Æ