(2) Statements by candidate for nomination or election as Representative, of moneys, etc,, received and expended, etc., to be filed with Clerk of House of Representatives, before nomination and before election. Every person who shall be a candidate for nomination at any primary election or nominating convention, or for election at any general or special election, as Representative in the Congress of the United States, shall, not less than ten nor more than fifteen days before the day for holding such primary election or nominating convention, and not less than ten nor more than fifteen days before the day of the general or special election at which candidates for Representatives are to be elected, file with the Clerk of the House of Representatives at Washington, District of Columbia, a full, correct, and itemized statement of all moneys and things of value received by him or by anyone for him with his knowledge and consent, from any source, in aid or support of his candidacy, together with the names of all those who have furnished the same in whole or in part; and such statement shall contain a true and itemized account of all moneys and things of value given, contributed, expended, used, or promised by such candidate, or by his agent, representative, or other person for and in his behalf with his knowledge and consent, together with the names of all those to whom any and all such gifts, contributions, payments, or promises were made, for the purpose of procuring his nomination or election. (3) Statements by candidate for nomination or election as Senator, of moneys, etc., received and expended, etc., to be filed with Secretary of Senate, before nomination and before election. Every person who shall be a candidate for nomination at any primary election or nominating convention, or for indorsement at any general or special election, or election by the legislature of any State, as Senator in the Congress of the United States, shall, not less than ten nor more than fifteen days before the day for holding such primary election or nominating convention, and not less than ten nor more than fifteen days before the day of the general or special election at which he is seeking indorsement, and not less than five nor more than ten days before the day upon which the first vote is to be taken in the two houses of the legislature before which he is a candidate for election as Senator, file with the Secretary of the Senate at Washington, District of Columbia, a full, correct, and itemized statement of all moneys and things of value received by him or by anyone for him with his knowledge and consent, from any source, in aid or support of his candidacy, together with the names of all those who have furnished the same in whole or in part; and such statement shall contain a true and itemized account of all moneys and things of value given, contributed, expended, used, or promised by such candidate, or by his agent, representative, or other person for and in his behalf with his knowledge and consent, together with the names of all those to whom any and all such gifts, contributions, payments, or promises were made for the purpose of procuring his nomination or election. (4) Statements by candidate of moneys, etc., received and expended, etc., to be filed after nomination and after election. Every such candidate for nomination at any primary election or nominating convention, or for indorsement or election at any general or special election, or for election by the legislature of any State, shall, within fifteen days after such primary election or nominating convention, and within thirty days after any such general or special election, and within thirty days after the day upon which the legislature shall have elected a Senator, file with the Clerk of the House of Representatives or with the Secretary of the Senate, as the case may be, a full, correct, and itemized statement of all moneys and things of value received by him or by anyone for him with his knowledge and consent, from any source, in aid or support of his candidacy, together with the names of all those who have furnished the same in whole or in part; and such statement shall contain a true and itemized account of all moneys and things of value given, contributed, expended, used, or promised by such candidate, or by his agent, representative, or other person for and in his behalf with his knowledge and consent, up to, on, and after the day of such primary election, nominating convention, general or special election, or election by the legislature, together with the names of all those to whom any and all such gifts, contributions, payments, or promises were made for the purpose of procuring his nomination, indorsement, or election. (5) Statements by candidates to include statement of promises, etc., made relative to appointment, etc., or that no such promise, etc., has been made. Every such candidate shall include therein a statement of every promise or pledge made by him, or by any one for him with his knowledge and consent or to whom he has given authority to make any such promise or pledge, before the completion of any such primary election or nominating convention or general or special election or election by the legislature, relative to the appointment or recommendation for appointment of any person to any position of trust, honor, or profit, either in the county, State, or Nation, or in any political subdivision thereof, or in any private or corporate employment, for. the purpose of procuring the support of such person or of any person in his candidacy, and if any such promise or pledge shall have been made the name or names, the address or addresses, and the occupation or occupations, of the person or persons to whom such promise or pledge shall have been made, shall be stated, together with a description of the position relating to which such promise or pledge has been made. In the event that no such promise or pledge has been made by such candidate, that fact shall be distinctly stated. (6) Candidates forbidden to promise office, etc.; candidates for Senator forbidden to contribute, etc., to nomination or election of candidate for legislature of State; contributions to political committees permitted. No candidate for Representative in Congress or for Senator of the United States shall promise any office or position to any person, or to use his influence or to give his support to any person for any office or position for the purpose of procuring the support of such person, or of any person, in his candidacy; nor shall any candidate for Senator of the United States give, contribute, expend, use, or promise any money or thing of value to assist in procuring the nomination or election of any particular candidate for the legislature of the State in which he resides, but such candidate may, within the limitations and restrictions and subject to the requirements of this act, contribute to political committees having charge of the disbursement of campaign funds. (7) Contributions or expenditures, etc., by candidates not to exceed amount allowed under laws of State; limit of aggregate for candidate for Representative or for Senator; assessments, etc., under laws of State, and certain personal expenses, not within this section. No candidate for Representative in Congress or for Senator of the United States shall give, contribute, expend, use, or promise, or cause to be given, contributed, expended, used, or promised, in procuring his nomination and election, any sum, in the aggregate, in excess of the amount which he may lawfully give, contribute, expend, or promise under the laws of the State in which he resides: Provided, That no candidate for Representative in Congress shall give, contribute, expend, use, or promise any sum, in the aggregate, exceeding five thousand dollars in any campaign for his nomination and election; and no candidate for Senator of the United States shall give, contribute, expend, use, or promise any sum, in the aggregate, exceeding ten thousand dollars in any campaign for his nomination and election: Provided further, That money expended by any such candidate to meet and discharge any assessment, fee, or charge made or levied upon candidates by the laws of the State in which he resides, or for his necessary personal expenses, incurred for himself alone, for travel and subsistence, stationery and postage, writing or printing (other than in newspapers), and distributing letters, circulars, and posters, and for telegraph and telephone service, shall not be regarded as an expenditure within the meaning of this section, and shall not be considered any part of the sum herein fixed as the limit of expense and need not be shown in the statements herein required to be filed. (8) Details in successive statements. The statements herein required to be made and filed before the general election, or the election by the legislature at which such candidate seeks election, need not contain items of which publicity is given in a previous statement, but the statement required to be made. and filed after said general election or election by the legislature shall, in addition to an itemized statement of all expenses not theretofore given publicity, contain a summary of all preceding statements. (9) Person contributing, etc., to nomination or election of member of legislature, and thereafter a candidate for or elected Senator, required to comply with this section; details of state ments. Any person, not then a candidate for Senator of the United States, who shall have given, contributed, expended, used, or promised any money or thing of value to aid or assist in the nomination or election of any particular member of the legislature of the State in which he resides, shall, if he thereafter becomes a candidate for such office, or if he shall thereafter be elected to such office without becoming a candidate therefor, comply with all of the provisions of this section relating to candidates for such office, so far as the same may be applicable; and the statement herein required to be made, verified, and filed after such election shall contain a full, true, and itemized account of each and every gift, contribution, expenditure, and promise whenever made, in any wise relating to the nomination or election of members of the legislature of said State, or in any wise connected with or pertaining to his nomination and election of which publicity is not given in a previous statement. (10) Verification of statements; officers before whom to be made; filing statements by registered mail. Every statement herein required shall be verified by the oath or affirmation of the candidate, taken before an officer authorized to administer oaths; and the depositing of any such statement in a regular post office, directed to the Clerk of the House of Representatives or to the Secretary of the Senate, as the case may be, duly stamped and registered within the time required herein shall be deemed a sufficient filing of any such statement under any of the provisions of this Act. (11) Effect of act on laws of State. This Act shall not be construed to annul or vitiate the laws of any State, not directly in conflict herewith, relating to the nomination. or election of candidates for the offices herein named, or to exempt any such candidate from complying with such State laws. (36 Stat. 824. 37 Stat. 26. 37 Stat. 360.) This section was inserted as a new section after section 7 of Act June 25, 1910, c. 392, by section 2 of the amendatory act of Aug. 19, 1911, c. 33, cited above. As so enacted, it contained provisions, in the 10th paragraph thereof, following the words "an officer authorized to administer oaths," describing the officers before whom the oath required should be taken. It was amended by Act Aug. 23, 1912, c. 349, also cited above, by omitting said provisions, making the paragraph read as set forth here. § 196. (Act June 25, 1910, c. 392, § 9, as amended, Act Aug. 19, 1911, c. 33, § 2.) Personal expenses for traveling, stationery, etc., for influencing, in two or more states, election of Representatives, not subject to act. Any person may in connection with such election incur and pay from his own private funds for the purpose of influencing or controlling, in two or more States, the results of an election at which Representatives to the Congress of the United States are elected, all necessary personal expenses for his traveling, for stationery, and postage, and for telegraph and telephone service without being subject to the provisions of this Act. (36 Stat. 824. 37 Stat. 26.) This section, which was originally enacted as section 8 of Act June 25, 1910, c. 392, was amended and it and sections 9 and 10 of said at were renumbered as sections 9, 10, and 11, by Act Aug. 19, 1911, c. 33, § 2 cited above. By said amendment the word "necessary" was inserted before the words "personal expenses for his traveling," and the words immediately following in the section as originally enacted, "and for purposes incidental to traveling," were omitted. § 197. (Act June 25, 1910, c. 392, § 10, as amended, Act Aug. 19, 1911, c. 33, § 2.) Legal expenses in election contests not limited or affected by act. Nothing contained in this Act shall limit or affect the right of any person to spend money for proper legal expenses in maintaining or contesting the results of any election. (36 Stat. 824. 37 Stat. 26.) See note to preceding section. § 198. (Act June 25, 1910, c. 392, § 11, as amended, Act Aug. 19, 1911, c. 33, § 2.) Punishment for violation of act. Every person willfully violating any of the foregoing provisions of this Act shall, upon conviction, be fined not more than one thousand dollars or imprisoned not more than one year, or both. (36 Stat. 824. 37 Stat. 26.) See note to section 9 of this act, ante, § 196. (72) 199. Time of appointing electors. 200. Number of electors. 201. Vacancies in electoral college. 203. Meeting and vote of electors. 205. Certificates of appointment of elec- 206. Manner of voting. 207. Certificates to be made and signed. 208. Certificates to be sealed and indorsed. 209. Transmission of the certificates. 210. Time for transmission of the certificates to the President of the Senate. 211. When Secretary of State shall send for district judges' list. Sec. 212. Provision for absence of President 213. Mileage of messengers. 215. Counting electoral votes in Con- 216. Preservation of order in joint meeting; no debate. 217. Limit of debate in each House. 218. Seats for officers and members of two Houses in joint meeting; meeting not to dissolve until count completed and result declared; recess. 219. Vacancy in offices of both Presi- 220. Officers eligible to act as President § 199. (R. S. § 131.) Time of appointing electors. [Except in case of a presidential election prior to the ordinary period, as specified in sections one hundred and forty-seven to one hundred and forty-nine, inclusive, when the offices of President and Vice-President both become vacant,] the electors of President and Vice-President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice-President. Act March 1, 1792, c. 8, § 1, 1 Stat. 239. Act Jan. 23, 1845, c. 1, 5 Stat. 721. The clause at the beginning of this section inclosed in brackets, commencing with the words, "Except in case of a presidential election prior to the ordinary period," etc., became inoperative on the repeal of R. S. §§ 147-149, by Act Jan. 19, 1886, c. 4, § 3, 24 Stat. 1, without making any express provisions for an election in case of vacancy in both offices. Notes of Decisions Jurisdiction of prosecution for fraudulent voting for electors.-The electors are state officers and it is within the exclusive jurisdiction of the state to punish fraudulent voting for them. Fitzgerald v. Green (1890) 10 Sup. Ct. 586, 587, 134 U. S. 377, 33 L. Ed. 951. Congress has never undertaken to interfere with the manner of appointing electors, or where (according to the now general usage) the mode of appointment prescribed by the law of the state is election by the people, to regulate the conduct of such election, or to punish any fraud in voting for electors, but has left those matters to the control of the states. Id. Cited without definite application, McPherson v. Blacker (1892) 13 Sup. Ct. 3, 13, 146 U. S. 1, 36 L. Ed. 869. |