It shall also be the duty of said treasurer to file a similar statement with said clerk within thirty days after such election, such final statement also to be signed and sworn to by said treasurer and to conform to the requirements of the following section of this act. The statements so filed with the Clerk of the House shall be preserved by him for fifteen months and shall be a part of the public records of his office and shall be open to public inspection. (Sec. 5, Act of Congress, June 25, 1910; as amended by Act of Congress, Aug. 19, 1911.) What Statement of Treasurer of Political 6. That the statement required by the preceding section of this act shall state: First. The name and address of each person, firm, association, or committee who or which has contributed, promised, loaned, or advanced to such political committee, or any officer, member, or agent thereof, either in one ΟΙ more items, money or its equivalent of the aggregate amount or value of one hundred dollars or more, and the amount or sum contributed, promised, loaned, or advanced by each. Second. The aggregate sum contributed, promised, loaned, or advanced to such political committee, tb or any officer, member, or agent thereof, in amounts of less than hundred dollars. one Third. The total sum of all contributions, promises, loans, and advances received by such political committee or any officer, member, or agent thereof. Fourth. The name and address of each person, firm, association, or committee to whom such political committee, or any officer, member, or agent thereof, has distributed, disbursed, contributed, loaned, advanced, or promised any sum of money or its equivalent of the amount or value of ten dollars or more, stating the amount or sum distributed, disbursed, contributed, loaned, advanced, or promised to each, and the purpose thereof. or any Fifth. The aggregate sum distributed, disbursed, contributed, loaned, advanced, promised by such political committee, or officer, member, or agent thereof, where the amount or value of such distribution, disbursement, loan, advance, or promise to any person, firm, association, or committee in or more items is less than ten dollars. one Sixth. The total sum disbursed, distributed, contributed, loaned, advanced, or promised by such political committee, or any officer, member, or agent thereof. (Sec. 6, Act of Congress, June 25, 1910; as amended by Act of Congress, Aug. 19, 1911.) "Candidate" Defined-To File Statement of Re- 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 such gifts, contributions, payments, or promises were made, for the purpose of procuring his nomination or 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 one than nor more fifteen days before the day of general or special election at which he is seekthe ing 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 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 all those who have furnished the same in whole. names of 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. Persons, Firms, Associations or Committees Expending Fifty Dollars or More, Except to Political Committees, for Influencing or Controlling Election for Representative in Congress to File Statement. 7. That every person, firm, association, or committee, except political committees as hereinbefore defined, that shall expend or promise any sum of money or other thing of value amounting to fifty dollars or more for the purpose of influencing or controlling, in two or more States, the result of an election at which Representatives to the Congress of the United States are elected, unless he or it shall contribute the same to a political committee as hereinbefore defined, shall file the statements of the same, under oath, as required by section six of this Act, in the office of the Clerk of the House of Representatives, at Washington, District of Columbia, which statements shall be held by said Clerk in all respects as required by section five of this Act. (Sec. 7, Act of Congress, June 25, 1910.) of 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 days after the day upon which the legislature election, and within thirty shall have elected a Senator, file with the Clerk ог of the House of Representatives or with the от the any cause or Congress No candidate for Representative in Congress or for Senator of the United States shall give, contribute, expend, use, or promise, or to be given, contributed, expended, used, 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 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 his nomination and for election: campaign 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 subwriting sistence, stationery and postage, printing (other than in newspapers), and dis or tributing 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. 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. 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. (Sec. 8, Act of Congress, Aug. 19, 1911.) 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. (Sec. 8, Act of Congress, Aug. 19, 1911; as amended, Aug. 23, 1912. Plaintiffs in error-Truman H. Newberry, Paul others-Were H. King and fifteen found guilty (in error to the District Court of the United States for the Western District of Michigan), of conspiring (Criminal Code, Sec. 37) to violate Section 8, Act of Congress, approved June 25, 1910 (c. 392, 36 Stat. 822-824) as amended by Act of August 19, 1911, (c. 33, 37 Stat. 25-29) --The Federal Corrupt Practices Act. We cannot conclude that authority to control party primaries or conventions for designating candidates was bestowed on Congress by the grant of power to regulate the manner of holding elections. The fair intendment of the words does not extend so far; the framers of the Constitution did Nor not ascribe to them any such meaning. is this control necessary in order to effectuate the power expressly granted. On the other hand, its exercise would interfere with purely domestic affairs of the State and infringe upon liberties reserved to the people. It should not be fogotten that, exercising inherent police power, the State may suppress whatever evils may be incident to primary or convention. As "Each House shall be the judge of the elections, qualifications and returns of its own members," and as Congress may by law regulate the times, places and manner of holding elections, the National Government is not without power to protect itself against corruption, fraud or other maliga influences. The judgment of the court below must be reserved and the cause remanded for further proceedings in conformity with this opinion. No. 559, U. S. Supreme Court, October Term, 1920. After notice of contest bad been filled, the Supreme Court, in the case of Truman H. Newberry et al. v. The United States, gave an opinion, May 2, 1921, bearing upon the corrupt practices act. As to the effect thereof, the Attorney General has advised your committee as follows: It is my opinion that the Newberry decision should be construed as invalidating all of the provisions of the act referred to, relating to nominations for the office of Senator or Representative in Congress, whether by primaries, nominating conventions, or by indorsement at general or special elections. I am also of the opinion that as to statements of receipts and disbursements to be filed by candidates for the office of Representative in Congress under section S of the act, the only provision now in force and effect is the one which requires such statements to be filed in connection with the election of such candidates. Contested-Election Case of Rainey v. Shaw, House of Representatives, 67th Congress, 2nd Session, Report No. 498. The Law Committee of the National Republican Congressional Committee, on March 21, 1922, in answer to the following question which had been submitted, viz: "Under existing Federal law, is a candidate for Representative in Congress at a primary election required to file sworn statements of his primary campaign expenditures with the Clerk of the House of Representatives?", made reply as follows. *** As the Seventeenth Amendment applies to the Senate, so Article 1, Section 2, of the Constitution applies to the House of Representatives. Article 1, Section 2, was a part of the Constitution prior to the enactment of the Corrupt Practices Act in question... Therefore, we conclude, and wisdom and prudence dictate, that a candidate for Representative in Congress at a primary electlon should file sworn statements of his campaign expenditures with the Clerk of the House of Representatives as required by the Act of June 25, 1910, as amended by the Act of August 19, 1911. Act Not to be Construed to Annul State Laws. 9. 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. (Sec. 8, Act of Congress, Aug. 19, 1911.) Postage, Telegraph, Telephone, Traveling and Personal Expenses Spent by Individuals from Private Funds in Connection with the Election of Representatives in Congress May be Incurred Without Violating Act. an 10. That 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 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. (Sec. 8, Act of Congress, June 25, 1910; renumbered Sec. 9 and amended by Act of Congress, Aug. 10, 1911.) Legal Expenses in Connection with Contested Elections for Representatives in Congress Unlimited. 11. That 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. (Sec. 9, Act of Congress, June 25, 1910: Section re-numbered, Sec. 10 by Act of Congress, Aug. 19, 1911.) Penalty for Violating Provisions of Act. 12. That every person wilfully violating any of the foregoing provisions of this act shall, upon conviction, be fined not more than one thousand dollars or imprisonment not more than one year, or both. (Sec. 10, Act of Congress, June 25, 1910; Sec. renumbered Sec. 11, by Act of Congress, Aug. 19, 1911.) Penalty for Soliciting, Promising, Offering or Giving any Money, or Thing of Value for Voting or Withholding of Vote For or Against any Candidate for United States Senator or Representative, at a Primary, General Special Election. or 13 That whoever shall promise, offer, or give, or cause to be promised, offered, or given, any money or other thing of value, or shall make or tender any contract, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value to any person, either to vote or withhold his vote or to vote for or against any candidate, or whoever solicits, accepts, or receives any money or other thing of value in consideration of his vote for or against any candidate for Senator or Representative or Delegate in Congress at any primary or general or special election, shall be fined not more than $1,000.00, or imprisoned not more than one year, or both. (Sec. 1, Act of Congress, Oct. 16, 1918.) Austin E. McCollough Vice Chairman Lancaster, Chairman Lancaster County. J. Henry Stump.. . Reed and Court Street, Mrs. Clarence Renshaw.... Union National Bank Secretary and Treasurer Building, Pittsburgh. Darlington Hoopes.... ......415 Swede Street, Secretary and Treasurer Edward B. Zimmerman. Shamokin, Northumberland County. 415 Swede St., Norristown, Montgomery County |