I 
109TH CONGRESS 
1ST SESSION 
H. R. 834
To amend the Federal Election Campaign Act of 1971 to prohibit certain 
State election administration officials from actively participating in elec-
toral campaigns. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2005
Mr. STRICKLAND (for himself, Mr. RYAN of Ohio, Mr. HASTINGS of Florida, 
and Mr. LANTOS) 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Election Integ-
rity Act of 2005’’. 
SEC. 2. FINDINGS. 
Congress finds that—
(1) chief State election administration officials 
have served on political campaigns for Federal can-
didates whose elections those officials will supervise; 
(2) such partisan activity by the chief State 
election 
administration 
official, 
an 
individual 
charged with certifying the validity of an election, 
represents a fundamental conflict of interest that 
may prevent the official from ensuring a fair and ac-
curate election; 
(3) this conflict impedes the legal duty of chief 
State election administration officials to supervise 
Federal elections, undermines the integrity of Fed-
eral elections, and diminishes the people’s confidence 
in our electoral system by casting doubt on the re-
sults of Federal elections; 
(4) the Supreme Court has long recognized that 
Congress’s power to regulate Congressional elections 
under Article I, Section 4, Clause 1 of the Constitu-
tion is both plenary and powerful; and 
(5) the Supreme Court and numerous appellate 
courts have recognized that the broad power given to 
Congress over Congressional elections extends to 
Presidential elections.
SEC. 3. PROHIBITION ON CAMPAIGN ACTIVITIES BY ELEC-
TION ADMINISTRATION OFFICIALS. 
(a) IN GENERAL.—Title III of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended 
by inserting after section 319 the following new section: 
‘‘CAMPAIGN ACTIVITIES BY ELECTION OFFICIALS 
‘‘SEC. 319A. (a) PROHIBITION.—It shall be unlawful 
for a chief State election administration official to take 
an active part in political management or in a political 
campaign with respect to any election for Federal office 
over which such official has supervisory authority. 
‘‘(b) CHIEF STATE ELECTION ADMINISTRATION OF-
FICIAL.—The term ‘chief State election administration of-
ficial’ means the highest State official with responsibility 
for the administration of Federal elections under State 
law. 
‘‘(c) ACTIVE PART IN POLITICAL MANAGEMENT OR 
IN A POLITICAL CAMPAIGN.—The term ‘active part in po-
litical management or in a political campaign’ means—
‘‘(1) serving as a member of an authorized com-
mittee of a candidate for Federal office; 
‘‘(2) the use of official authority or influence 
for the purpose of interfering with or affecting the 
result of an election for Federal office;
‘‘(3) the solicitation, acceptance, or receipt of a 
political contribution from any person on behalf of 
a candidate for Federal office; 
‘‘(4) the solicitation or discouragement of the 
participation in any political activity of any person; 
‘‘(5) engaging in partisan political activity on 
behalf of a candidate for Federal office; and 
‘‘(6) any other act prohibited under section 
7323(b)(4) of title 5, United States Code (other 
than any prohibition on running for public office).’’. 
(b) ENFORCEMENT.—Section 309 of such Act (42 
U.S.C. 437g) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d)(1) Notwithstanding paragraphs (1) through (5) 
of subsection (a), any person who has knowledge that a 
violation of section 319A has occurred may file a com-
plaint with the Commission. Such complaint shall be in 
writing, signed and sworn to by the person filing such 
complaint, shall be notarized, and shall be made under 
penalty of perjury subject to the provisions of section 1001 
of title 18, United States Code. The Commission shall 
promptly notify any person alleged in the complaint, and 
shall give such person an opportunity to respond. Not later 
than 14 days after the date on which such a complaint
is filed, the Commission shall make a determination on 
such complaint. 
‘‘(2) If the Commission determines by an affirmative 
vote of a majority of the members voting that it has reason 
to believe that a person has committed a violation of sec-
tion 319A, the Commission shall require the person to pay 
a civil money penalty in an amount determined under a 
schedule of penalties which is established and published 
by the Commission.’’.
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