POLITICAL ACTIVITY OF FEDERAL OFFICERS AND EMPLOYEES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP60-00442R000100060001-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 38
• Document Creation Date: November 11, 2016
• Document Release Date: April 7, 2000
• Sequence Number: 1
• Publication Date: July 1, 1951
• Content Type: REPORT

Approved For Release : CIA-RDP60-00442R000100060001-7
POLITICAL ACTIVITY
of Federal Officers and Employees
UNITED STATES CIVIL, SERVICE COMMISSION
Pamphlet 20 ? July 1951
Previous editions of this pamphlet have been designated as Form 1236
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved. For Release : CIA-RDP60-00442R000100060001-7
A detailed and technical treatment of legal
principles and procedures governing the Com-
mission's political-activity cases is presented in
Hatch Act Decisions of the United States Civil
Service Commission, obtainable from the Super-
intendent of Documents, Government Printing
Office, Washington 25, D. C., at $1.50 a copy.
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
CONTENTS
I. GENERAL PROHIBITIONS AND EXCEPTIONS
Civil Service Rule IV
Section 9 of the Hatch Act
Other sections of the Hatch Act
Statutes on related subjects________________
---------------
Individual responsibility_________________________
II. JURISDICTION OF THE COMMISSION
Employees in the competitive service-----------------------
Penalty provisions______________________
-----------------
Authority under Rule V__________________________________
Commission procedure_________________
III. APPLICABILITY OF THE RULE AND THE STATUTE----------------
General statement_____________________________________
Groups of employees:
Page
I
1
1
2
3
4
4
4
4
5
5
6
6
Part-time and intermittent employees ------------------ 7
Temporary and emergency employees _ _ _ _ _ _ _ _ _ _ - _ ._ _ _ _ _ _ 7
Employees on leave____________________
Postmasters and post-office employees_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Persons'not subject to political-activity restrictions ------
IV. PROHIBITED ACTIVITIES___________________
--------------------
Activity by indirection____________________________
Conventions--------------------------------------------
Primaries-caucuses__________________________________
Meetings----------------------------------------------
Committees---------------------------------------------
Clubs and organizations__________________________________
Civic organizations and citizens' associations ----------------
Contributions --------------------------------------------
Expression of opinions____________________________________
Badges, buttons, pictures, and stickers__________________ _
Newspapers-publication of letters or articles ---------------
Activity at the polls and for candidates-------------------- ._
Election officers------------------------------------------
Parades-------------------------------------------------
Petitions------------------------------------------------
Candidacy for public office________________________________
V. EXCEPTIONS TO HATCH ACT RESTRICTIONS______________________
Section 18----------------------------------------------
Section 16----------------------------------------------
VI. STATE OFFICERS AND EMPLOYEES______________________________
VII. FEDERAL OFFICERS OR EMPLOYEES HOLDING LOCAL OFFICE -------
Executive order of January 17, 1873________________________
Interpretation of order of January 17, 1873 -----------------
Executive order of August 15, 1940_______________________
Executive orders creating exceptions to the Executive order of
9
9
10
10
10
10
11
12
12
13
13
13
14
15
15
16
16
17
17
17
19
20
21
22
23
January 17, 1873-------------------------------------- 24
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
Page
VIII. CRIMINAL LAW VIOLATIONS AND RELATED SUDJF- CTS ---------------
27
Political assessments:
Solicitation of political contributions ------------- .-_----
28
Solicitation from. benefit recipients ----------------------
29
Furnishing list of benefit recipients ----------------------
29
Circulars of solicitation bearing names of Federal employ-
29
ees------------------ -- - - --- - - - - - - - ---------------
"Political assessments" defined ----------------- .-------
29
Solicitation or receipt of political contributions in Federal
buildings------------------------------------------
31
Letters addressed to Federal buildings -------------------
31
Letters delivered in Federal buildings_________________
31
Discrimination on account of political contributions------
32
Payment of political contributions by one employee to
another--------------------------------------------
32
Political coercion----------------------------------------
32
Intimidation and coercion of voters in elections of certain
officers ------------------------------
32
Administrative employees of United States or any State use
of official authority to influence elections---------------
33
Use of official authority in coercing voters----------------
33
Political discrimination:
Failure to contribute or render political service not pre-
judicial --------------------------------------------
33
Deprivation of employment, compensation, or, other bene-
fit------------ ------
34
Politics not to be considered in filling vacancies----------
34
Purchase and sale of public office:
Offer to procure appointive public office________________
34
Acceptance or solicitation to obtain appointive public office-
34
Promise of employment, compensation, or other benefit-__
34
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
1. General Prohibitions and Exceptions
The broadest and most widely applicable restrictions on political
activity of Federal officers and employees are contained in section
4.1 of Civil Service Rule IV and in section 9 (a)1 of the Hatch Act.
In practically the same words, these provisions prohibit the following:
(1) Using official authority or influence for the purpose of inter-
fering with an election or affecting its results.
(2) Taking an active part in political management or in political
campaigns.
Section 4.1 of Civil Service Rule IV reads as follows :
Prohibition against political activity Persons in the executive branch shall
retain the right to vote as they choose and to express their opinions on all
political subjects and candidates, but such persons shall not use their official .
authority or influence for the purpose of interfering with an election or affect-
ing the result thereof. Persons occupying positions in the competitive service
shall not take any active part in political management or in political campaigns
except as may be provided by or pursuant to statute.
SECTION 9 OF THE HATCH ACT
Section 9 of the Hatch Act (Hatch Political Activities Act of August
2,1939, as amended; 5 U. S. C.118i) reads as follows :
(a) It shall be unlawful for any person employed in the executive branch of
the Federal Government, or any agency or department thereof, to use his
official authority or influence for the purpose of interfering with an election
or affecting the result thereof. No officer or employee in the executive branch
of the Federal Government, or any agency or department thereof, shall take
any active part in political management or in political campaigns. All such
persons shall retain the right to vote as they may choose and to express their
opinions on all political subjects and candidates. For the purposes of this
section the term "officer" or "employee" shall not be construed to include (1)
the President and Vice President of the United States; (2) persons whose
compensation is paid from the appropriation for the office of the President ;
(3) heads and assistant heads of executive departments; (4) officers who are
I The United States Supreme Court, in an opinion (330 U. S. 75), affirmed a judgment
of the District Court of the United States for the District of Columbia holding that the
provisions of section 9 (a) of the Hatch Act were not unconstitutional.
1.
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
appointed by the President, by and with the advice and consent of the Senate,
and who determine policies to be pursued by the United States in its relations
with foreign powers or in the Nation-wide administration of Federal laws. The
provisions of the second sentence of this subsection shall not apply to the employ-
ees of The Alaska Railroad, residing in municipalities on the line of the railroad,
in respect to activities involving the municipality in which they reside.
(b) Any person violating the provisions of this section shall be removed
immediately from the position or office held by him, and thereafter no part of
the funds appropriated by any Act of Congress for such position or office shall
be used to pay the compensation of such person : Provided, however, That the
United States Civil Service Commission finds by unanimous vote that the vio-
lation does not warrant removal, a lesser penalty shall be imposed by direction
of the Commission : Provided further, That in no case shall the penalty be less
than ninety days' suspension without pay : And provided further, That in the
case of any person who has heretofore been removed from the service tinder
the provisions of this section, the Commission shall upon request of said
person reopen. and reconsider the record in such case. If it shall find by a
unanimous vote that the acts committed were such as to warrant a penalty of
less than removal it shall issue an order revoking the restriction against reem-
ployment in the position from which removed, or in any other position for which
he may be qualified, but no such revocation shall become effective until at least
ninety days have elapsed following the date of the removal of such person from
office.
(c) At the end of each fiscal year the Commission shall report to the Presi-
dent for transmittal to the Congress the names, addresses, and nature of em-
ployment of all persons with respect to whom action has been taken by the
Commission under the terms of this section, with a statement of the facts upon
which action was taken, and the penalty imposed.
Sections 15, 16, 18, and 21 of the Hatch Act also relate to political
activity of Federal officers and employees.
Section 15 (5 U. S. C. A., sec. 118-1) states that the provisions in
the act containing prohibitions against "taking any active part in
political management or in political campaigns" are deemed to in-
clude activities prohibited by the civil-service rules. It reads as
follows :
The provisions of this Act which prohibit persons to whom such provisions
apply from taking any active part in political management or in political cam-
paigns shall be deemed to prohibit the same activities on the part of such persons
as the United States Civil Service Commission has heretofore determined are
at the time this section takes effect prohibited on the part of employees in the
classified civil service of the United States by the provisions of the civil-service
rules prohibiting such employees from taking any active part in political man-
agement or in political campaigns.
Sections 16, 18, and 21 set forth certain exceptions to the provisions
prohibiting political activity.
Section 16 (5 U. S. C. A., sec. 118m) states an exception relating to
political campaigns in localities adjacent to the National Capital or
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
in localities where the majority of the voters are Government em-
ployees. It reads as follows :
Whenever the United States Civil Service Commission determines that, by
reason of special or unusual circumstances which exist in any municipality or
other political subdivision, in the immediate vicinity of the National Capital in
the States of Maryland and Virginia or in municipalities the majority of whose
voters are employed by the Government of the United States, it is in the domestic
interest of persons to whom the provisions of this Act are applicable, and who
reside in such municipality or political subdivision, to permit such persons to
take an active part in political management or in political campaigns involving
such municipality or political subdivision, the Commission is authorized to
promulgate regulations permitting such persons to take an active part in such
political management and political campaigns to the extent the Commission
deems to be in the domestic interest of such persons.
Section 18 (5 U. S. C. A., 118n) states an exception relating to elec-
tions not specifically identified with National or State issues or political
parties. It reads as follows :
Nothing in the second sentence of section 9 (a) or in the second sentence of
section 12 (a) of this Act shall be construed to prevent or.prohibit any person
subject to the provisions of this Act from engaging in any political activity
(1) in connection with any election and the preceding campaign if none of the
candidates is to be nominated or elected at such election as representing a party
any of whose candidates for presidential elector received votes in the last pre-
ceding election at which presidential electors were selected, or (2) in connection
with any question which is not specifically identified with any National or State
political party. For the purposes of this section, questions relating to consti-
tutional amendments, referendums, approval of municipal ordinances, and others
of a similar character, shall not be deemed to be specifically identified with any
National. or State political party.
Section 21 (5 U. S. C. A., sec. 118k-l) states an exception relating to
activities of employees of institutions and organizations of specified
types. It reads as follows :
Nothing in sections 9 (a) or 9 (b), or 12 of this Act shall be deemed to prohibit
or to make unlawful the doing of any act, by any officer or employee of any edu-
cational or research institution, establishment, agency, or system which is sup-
ported in whole or in part by any State or political subdivision thereof, or by the
District of Columbia or by any Territory or Territorial possession of the United
States ; or by any recognized religious, philanthropic, or cultural organization.
STATUTES ON RELATED SUBJECTS
In addition to being subject to section 4.1 of Civil Service Rule IV,
and to the sections of the Hatch Act quoted above, Federal officers
and employees are subject to statutes relating to-
(1) Political assessments (see p. 28 of this pamphlet).
(2) Political coercion (see p. 32).
(3) Political discrimination (see p. 33).
(4) Purchase and sale of public office (see p. 34).
3
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R0f00100060001-7
INDIVIDUAL RESPONSIBILITY
Each officer and employee is responsible for refraining from pro-
hibited political activity. He is presumed to be acquainted with the
legal provisions applicable to him, and his ignorance of them will
not excuse a violation. If he is in doubt as to whether any particular
activity is prohibited, he should present the matter in writing to the
United States Civil Service Commission before engaging in the
activity.
II. Jurisdiction of the Commission
There is no language in the Hatch Act that fixes responsibility for
enforcement of the prohibitions against political activity of Federal
officers and employees.
However, it is important to note that the prohibitive language of
section 9 (a) of the Hatch Act is substantially the same as that of
section 4.1 of Civil Service Rule IV. The Civil Service Commission's
jurisdiction in political-.activity matters was not affected by passage
of the Hatch Act.
Section 15 of the Hatch Act provides that the activities that are
prohibited by the act are those that the Commission had theretofore
determined were prohibited, under the civil-service rules, on the part
of employees in the competitive civil service.
Thus, under Civil Service Rule IV and under the :Hatch Act, the
Civil Service Commission has authority to enforce prohibitions against
political activity of Federal officers and employees whose positions are
in the competitive civil service.
The Attorney General has held (40 A. G. 14) that where both the
law and the rule are violated the statutory penalty is mandatory.
An officer or employee found to have violated the restrictions im-
posed by section 9 (a) of the Hatch Act and section 4.1 of Civil Serv-
ice Rule IV must be immediately removed from the position or office
held by him and-in accordance with a decision by the Comptroller
General (25 Comp. Gen. 271)-may not be employed again in any
position the salary or compensation of which is payable under the
same appropriation as the position from which removed. This re-
4
Approved For Release : CIA-RDP60-00442R000100060001-7
 ~~~fpd For Release apCpIA-RaC P60-Q(0 42R000i1 t
00060001-7
fiscal year.
If, however, the Commission determines by unanimous vote that
the violation does not warrant removal, it may impose a lesser penalty
under the terms of the amendment to the Hatch Act of August 25,
1950, but the penalty so imposed must be at least a 90-day suspension.
In an opinion of the Attorney General of September 12, 1947 (40
A. G. 545) it was held that the penalty provisions of the Hatch Act
require the removal of an employee from the civil-service position
or office that he is holding at the time his violation of the act is es-
tablished, despite the fact that this position may be different from
that held at the time the violation occurred. It is immaterial whether
the second civil-service position has been obtained by transfer, pro-
motion, or reappointment.
AUTHORITY UNDER RULE V
Section 5.4 of Civil Service Rule V reads as follows :
Whenever the Commission finds that an appointment has been made in vio-
lation of the Civil Service Act, Rules, or Regulations, or that any employee
subject thereto has violated such Act, Rules, or Regulations or is holding a
position in violation thereof, it is authorized, after giving due notice and op-
portunity for explanation to the employee and the agency concerned, to certify
the facts to the proper appointing officer with specific instructions as to dis-
cipline or dismissal.
Section 5.5 of Civil Service Rule V reads as follows :
If the appointing officer fails to carry out the instructions of the Commission
issued under section 5.4 of this Rule, the Commission shall certify the facts
to the head of the agency concerned. If the head of the agency fails to carry
out the instructions of the Commission within ten days after receipt thereof,
the Commission shall notify the Comptroller General of thhe United States
and no payment or allowance shall be made of the salary or wages accruing
to the employee concerned after such notification.
The General Accounting Office is without jurisdiction to review the
determinations of the Civil Service Commission under Rule V and,
upon certification by the Commission that an employee is holding
a position in violation of the Civil Service Act and rules, the General
Accounting Office has no alternative to withholding credit for pay-
ments made for salary or compensation (decision, Comptroller Gen-
eral July 20, 1939, to the Postmaster General).
COMMISSION PROCEDURE
In taking action on alleged violations of section 4.1 of Civil Service
Rule IV, the Civil Service Commission proceeds under regulations
that provide for-
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIIA-RDP6O-O0442Fflg0 nnf0k0001-7
(1) Investigation of the comp ain -01 t er y corre ) nd~lic ,
instances where the violation may be established by record evidence,
or by representatives of the Commission and the employing agency.
(The employee may make a statement and furnish the names of wit-
nesses to support it.)
(2) Issuance of a Proposed Order, when there is prima facie proof
of prohibited political activity, with a description of the specific
charges and an opportunity to respond in writing.
(3) A hearing, in certain cases, at the discretion of the Commis-
sion-but not when the violation is established by indisputable record
evidence or is admitted by the employee.
(4) Issuance of a Final Order either dismissing the Proposed Order
or finding that the employee violated the law and the rule against
political activity and prescribing the penalty.
The Commission's procedure applies in the cases of those employees
who resigned from their positions prior to a final determination by
the Commission.
The Commission's regulations also provide for the reconsideration
of the record, as authorized by law, upon request, of employees who
were removed between August 2, 1939, and August 25, 1950, for es-
tablished political-activity violations, to determine whether the vio-
lations were such as to warrant a penalty of less than removal.
III. Applicability of the Rule
and the Statute
In the absence of specific statutory exemption, the basic political-
activity restrictions apply to any person employed in the executive
branch of the Federal Government, or any agency or department
thereof, or in the government of the District of Columbia. Some
persons are subject to these restrictions by virtue both of section 4.1
of Civil Service Rule IV and of section 9 (a) of the Hatch Act; others
are subj ect to them solely by virtue of section 9 (a) of the Hatch Act.
Section 4.1 of Civil Service Rule IV applies to all employees in
the competitive service.
Section 9 (a) of the Hatch Act applies to all persons employed in
Approved For Release : CIA-RDP60-00442R000100060001-7
 tlleADDrtoveq Fo Rele sea' CIIATRDP66-0e( 44 oR0001e( 0060001-7
persons are in the competitive service. The effect of section 9 (a) of
the statute is to place the same restrictions upon the political activities
of all officers and employees of the executive branch of the Govern-
ment that section 4.1 of Civil Service Rule IV places upon the po-
litical activities of officers and employees in the competitive service.
Part-time and Intermittent Employees
Any person whose employment with the Federal Government is
only part-time or intermittent, not in any case occupying a substantial
portion of his time and not affording his principal means of livelihood,
is subject to the political-activity prohibitions of section 9 (a) of the
Hatch Act and section 4.1 of Civil Service Rule IV while in active-
duty status, and not otherwise. Such an employee may be listed as
as a candidate for a public elective office provided that he does not
engage in political activity on any day on which he performs duty
as a Federal employee. The period of active duty embraces the whole
period of status as a paid employee, rather than just the working
hours of the day.
Temporary and Emergency Employees
Temporary and emergency employees are subject to the statute and
the rule.
Employees on Leave
In general, an employee who is subject to the basic political-activity
prohibitions while on active duty is subject to them while on leave
with pay, leave without pay, or furlough, and incurs the same penalties
for an offense committed while in leave or furlough status as for an
offense committed while on active duty. This is true even though the
leave is terminal leave, and even though the employee's resignation
has been submitted and accepted. However, if lump-sum payment
is made for accrued annual leave, the person involved is not subject to
the political-activity restrictions during the period covered by the
lump-sum payment or thereafter.
It is not permissible for an employee to take leave of absence for
the purpose of working with a political candidate, committee, or or-
2 Except (a) the President and Vice President of the United States ; (b) persons whose
compensation is paid from the appropriation for the office of the President ; (G) heads and
assistant heads of executive departments; and (d) officers who are appointed by the
President by and with the advice and consent of the Senate, and who determine policies
to be pursued by the United States in its relations with foreign powers or in the Nation-
wide administration of Federal laws.
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approve to For Release :IA-RDP60-0041? tate for 00010ffi 060001-7
g purpose 01 g a can the understanding that he will resign his position if nominated or
elected.
Postmasters and Post-Office Employees
All postmasters and acting postmasters, all employees in post offices
of the first, second, and third classes, and all special delivery messen-
gers in post offices of the first class are subject to the political-activity
restrictions of Civil Service Rule IV and section 9 of the Hatch Act.
Persons Not Subject to Political-Activity Restrictions
The political-activity restrictions of section 9 of the Hatch Act and
section 4.1 of Civil Service Rule IV do not apply to the following
persons:
The President and Vice President of the United States.
Persons who are compensated from the appropriation for the Office of the
President.
Heads and assistant heads of departments.
Officers who are appointed by the President by and with the advice and con-
sent of the Senate, and who determine policies to be pursued by the United
States in its relations with foreign powers or in the Nation-wide administra-
tion of Federal laws.
Ambassadors of the United States.
Ministers of the United States.
Officers and employees of the legislative branch of the Federal Government,
including secretaries and clerks of Members of Congress and congressional
committees.
Officers and employees of the judicial branch of the Federal Government, in-
cluding United States Commissioners, clerks of United States courts, referees
in bankruptcy, and their secretaries, deputies, and clerks.
The Commissioners of the District of Columbia.'
The Recorder of Deeds of the District of Columbia.8
Officers or employees of any educational or research institution, establish-
ment, agency, or system that is supported in whole or in part by any State or
political subdivision, or the District of Columbia, or by any Territory or Terri-
a Excepted only from the prohibition against active participation in political management
or in political campaigns.
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
torial possession o the United States, or by any recognized religious, philan-
thropic, or cultural organization.
Persons who are retained from time to time to. perform special services on
a fee basis and who take no oath of office, fee attorneys, inspectors, appraisers,
and management brokers for the Home Owners' Loan Corporation and special
fee attorneys for the Reconstruction Finance Corporation.
Persons who receive benefit payments, such as old-age assistance and un-
employment compensation under the Social Security Act, rural-rehabilitation
grants, and payments under the agricultural conservation program.
Persons retired from the Federal service, unless reemployed in the executive
branch of the Federal Government.
Persons serving as star route and contract carriers and clerks in fourth-class
post offices, provided such persons are not at the same time holding other Gov-
ernment employment.
Employees of The Alaska Railroad residing in municipalities on the line of
the railroad in respect to activities involving the municipality in which they
reside.'
W. Prohibited Activities
The Hatch Act is designed to prevent those subject to it from
assuming general political leadership or from becoming prominently
identified with any political movement, party, or faction, or with
the success or failure of any candidate for election to public office.
The following sections are devoted to a discussion of activities that,
prior to enactment of section 15 of the Hatch Act (see p. 2), the Civil
Service Commission had determined to be activities prohibited.by
the civil-service rules.
ACTIVITY BY INDIRECTION
Any political activity that is prohibited in the case of an employee
acting independently is also prohibited in the case of an employee
acting in open or secret cooperation with others. Whatever the
employee may not do directly or personally, he may not do indirectly
or through an agent, officer, or employee chosen by him or subject
to his control. Employees are, therefore, accountable for political
activity by persons other than themselves, including wives or hus-
bands, if, in fact, the employees are thus accomplishing by collusion
and indirection what they may not lawfully do directly and openly.
Political activity in fact, regardless of the methods or means used
by the employee, constitutes the violation.
This does not mean that an employee's husband or wife may not
Excepted only from the prohibition against active participation in political management
or in political campaigns.
9
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
engage in politics independently, upon his or her own initiative, and
in his or her own behalf. Cases have arisen, however, in which the
facts showed that the real purpose of a wife's activity was to accom-
plish a political act prohibited to her husband, the attempt being
made for her husband's benefit and at his instigation or even upon
his coercion. This may be true of individuals or it may occur among
groups of employees' wives associated for the purpose of securing
for their husbands what the husbands may not secure for themselves.
In such situations, it is obvious that the prohibitions against political
activity are being violated. The collusion or coercion renders the
wife's activity imputable to the husband, he being guilty of the same
infraction as if he were openly a participant.
CONVENTIONS
Candidacy for or service as delegate, alternate, or proxy in any
political convention or service as an officer or employee thereof is pro-
hibited. Attendance as a, spectator is permissible, but the employee
so attending must not take any part in the convention or in the delib-
erations or proceedings of any of its committees, and. must refrain
from any public display of partisanship or obtrusive demonstration
or interference.
PRIMARIES-CAUCUSES
An employee may attend a primary meeting, mass convention,
caucus, and the like, and may cast his vote on any question presented,
but he may not pass this point in participating in its deliberations.
He. may not act as an officer of the meeting, convention, or caucus,
may not address, make motions, prepare or assist in preparing resolu-
tions, assume to represent others, or take any prominent part therein.
MEETINGS
Service in preparing for, organizing or conducting a political meet-
ing or rally, addressing such a meeting, or taking any part therein
except as a spectator is prohibited.
COMMITTEES
The holding of the office of precinct committeeman, ward commit-
teeman, etc., or service on or for any committee of a political party
organization is prohibited. An employee may attend as a spectator
any meeting of a political committee to which the general public is
admitted but must refrain from activity as indicated in the preceding
paragraphs.
Whether a committee has an ultimate political purpose determines
whether an employee may properly serve as a member. An employee
10
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
may be assigned to duties that, considered alone, seem far removed
from active politics; but those duties may assume an active political
character when considered as part of the whole program. The Com-
mission has held that service by an employee as chairman of a food
committee at an occasion signifying the opening campaign speech of
a nominee for Governor of a State is not permissible. No attempt
can be made to differentiate between workers on or under political
committees with respect to the degree to which they are politically
active.
CLUBS AND ORGANIZATIONS
Employees may be members of political clubs, but they may not be
active in organizing such a club, be officers of the club or members
or officers of any of its committees, or act as such, or address a political
club. Service as a delegate or alternate from such a club to a league
of political clubs is service as an officer or representative of a. political
club and is prohibited, as is service as a delegate or representative of
such a club to or in any other organization. In other words, an em-
ployee may become a member of a political club and may vote on
questions presented but may not take an active part in its manage-
ment or affairs, and may not represent other members or attempt to
influence them by his actions or utterances.
Section 6 of the act of August 24, 1912 (37 Stat. 555), provides in
part-
That membership in any society, association, club, or, other form of organiza-
tion of postal employees not affiliated with any outside organization imposing
an obligation or duty upon them to engage in any strike, or proposing to assist
them in any strike, against the United States, having for its objects, among
other things, improvements in the condition of labor of its members, including
hours of labor and compensation therefor and leave of absence, by any person
or groups of persons in said Postal Service, or the presenting by any such
person or groups of persons of any grievance or grievances to the Congress or
any Member thereof, shall not constitute or be cause for reduction in rank or
compensation or removal of such person or groups of persons from said service.
Membership in a labor union by employees subject to the Hatch
Act is not prohibited, where the organization is nonpartisan in char-
acter and has as its primary object improvements in the conditions
of labor of its members and other matters related to their individual
welfare. Matters concerned solely with organization and manage-
ment of a union of Federal employees are not political management
or political activity in violation of section 9 (a) of the Hatch Act,
and adoption of a resolution limited to these matters would not vio-
late the law. However, a Federal emplyee who engages in prohibited
political activity under the direction or suggestion of a union local
will be held personally accountable irrespective of whether he is acting
as an individual or as a member of a group, including a union local.
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
Membership by a Federal employee in a party or organization
advocating the overthrow of the Government of the United States
is unlawful. Section 9A of the Hatch Act (title 5, U. S C. A. 118j)
reads as follows :
(1) It shall be unlawful for any person employed in any capacity by any
agency of the Federal Government, whose compensation, or any part thereof,
is paid from funds authorized or appropriated by any Act of Congress, to have
member?hip in any political party or organization which advocates the over-
throw of our constitutional form of government in the United States.
(2) Any person violating the provisions of this section shall be immediately
removed from the position or office held by him, and, thereafter no part of
the funds appropriated by any Act of Congress for such position or office shall
be used to pay the compensation of such person.
Civil-service employees may hold office in organizations established
for social betterment. It is pointed out, however, that in certain
circumstances activities of such organizations may take on a charac-
ter of partisan political activity. Employees who become members
or officers of organizations of this type must take the responsibility
for seeing that the activities in which they engage do not become
political in character.
CIVIC ORGANIZATIONS AND CITIZENS' ASSOCIATIONS
Activity in organizations having for their primary object the pro-
motion of good government or the local civic welfare is not prohib-
ited by the act of August 2, 1939, as amended, provided such activities
have no connection with the campaigns of particular candidates or
parties.
CONTRIBUTIONS
Employees may make voluntary contributions to a regularly con-
stituted political organization for its general expenditures, subject
to the limitation laid down in section 608, title 18, U. S. Code. The
term "contribution" includes a gift, subscription, loan, advance, or
deposit of money or anything of value, and includes a contract, prom-
ise, or agreement, whether or not legally. enforceable, to make a
contribution.
While employees may make contributions, they may not solicit,
collect, receive, disburse, or otherwise handle contributions made for
political purposes. Employees may not be concerned directly or
indirectly in the sale of dinner tickets of a political party organiza-
tion or in the distribution of pledge cards soliciting subscriptions to
the dinners.
The Commission has held that voluntary contributions may be
made at any time, even subsequent to a general election, so long as
they are made to a regularly constituted political organization for
its general expenditures.
12
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
It is not permissible for a Federal administrative official to furnish
the names of his personnel and their addresses for the purpose of
political solicitation.
In addition, certain sections of the criminal code place restrictions
on contributions by Federal employees. Contributions may not be
handed over to another person in the Federal service; they may not
be made in a Federal building; etc. For the text of these sections
of the criminal code and further information on this matter, see part
VIII, pages 27 through 34. These sections of the criminal code are
within the jurisdiction of the Department of,Justice, and the law
provides severe penalties for violations.
Although the act reserves to employees affected the right to "ex-
press their opinions on all political subjects and candidates," this
reservation is subject to the prohibition that employees may not take
any active part in political management or in political campaigns.
Public expression of opinion in such a way as to constitute taking
an active part in political management or in political campaigns is
accordingly prohibited.
BADGES, BUTTONS, PICTURES, AND STICKERS
Employees may not distribute campaign literature, badges, or but-
tons. They are not prohibited from wearing political badges or
buttons or from displaying political posters or pictures in the windows
of their homes or on their automobiles. However, it is regarded as.
contrary to the spirit of the law for a public servant to make a partisan
display of any kind while on duty conducting the public business.
NEWSPAPERS-PUBLICATION OF LETTERS OR ARTICLES
An employee may not publish or be connected editorially or
managerially with any newspaper generally known as partisan from
a political standpoint,, and may not write for publication or publish
any letter or article, signed or unsigned, in favor of or against any
political party, candidate, or faction. An employee who writes such
a letter or article is responsible for any use that may be made of it
whether or not he gives consent to such use.
The Commission has held that as a general rule a newspaper that
is considered as being partisan from a political standpoint, either
during the campaign or in the interval between campaigns, is regarded
as being subject to application of the restrictions against activity in
connection therewith. It is not required that a publication be re-
garded as the organ of a political organization or that it have an
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
official connection with any political organization or party. The
words "editorially" and "managerially" are , intended to apply to
responsibilities and duties that have to do with the making of deci-
sions affecting the editorial policies. The objective behind the re-
striction on activity in connection with such publications or news-
papers is prohibition of political activity of a partisan character
through the medium of the public press by a person subject to the
statute and the rule.
Whether or not ownership of stock or membership on a board of
directors of a corporation that publishes a daily newspaper is a viola-
tion of the political; activity restrictions will depend upon the degree
to which the individual, by virtue of such ownership or membership,
participates in controlling the editorial policy or news management
of the publication. If a Federal employee makes decisions or assists
in making decisions on editorial policy or news management with
respect to the political status of the publication, a violation of the
restrictions occurs, but mere ownership of stock would not of itself
constitute a violation of the political-activity restrictions.
There is no direct prohibition against correspondence work by an
employee for newspapers. The employee will have the responsibility,
however, of ascertaining that any material he submits is not in con-
travention of the restrictions.
An employee has the right to vote as he pleases, and to exercise this
right free from interference, solicitation, or dictation by any fellow
employee or superior officer or any other person. It is a violation
of the Federal Corrupt Practices Act to pay or offer to pay any person
for voting or refraining from voting, or for voting for or against
any candidate for Senator or Representative in, or Delegate or Resident
Commissioner to, Congress. It is also a violation of the law to solicit,
receive, or accept payment for one's vote or for withholding one's
vote. (See U. S. Code, title 18, sec. 597.)
Under the act of August 2, 1939, it is a criminal offense for any
person to intimidate, threaten, or coerce any other person for the
purpose of interfering with the right of such other ;person to vote
as he may choose in any election of a National character. It is also
a criminal offense to promise any employment, position, work, or
compensation, or other benefit made possible by an act of Congress,
as a consideration, favor, or reward for political activity or for the
support of or opposition to any political candidate or party.
An employee subject to the law must avoid any offensive activity
at primary and regular elections. Ile must refrain from soliciting
votes, assisting voters to mark ballots, helping to get out the voters
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP6O-00442ROO0100060001-7
on registration and election days, acting as the accredited checker,
watcher, or challenger of any party or faction, or any other partisan
political activities at the polls. Rendering partisan political service,
such as transporting voters to and from the polls and candidates on
canvassing tours, whether for pay or gratuitously, is held to be within
the scope of prohibited political activities. This is not intended to
prohibit one subject to the act from transporting members of his
immediate family to and from the polls, in view of the community of
interest that exists in such cases. The foregoing provisions do not
apply if the election in question is covered by the exceptions embodied
in section; 18 of the law of August 2, 1939, as amended. (See p. 17.)
The publication or distribution of election campaign statements
not containing names of persons responsible therefor is prohibited
by law. The United States Code, title 18, section 612, reads as
follows :
Whoever wilfully publishes or distributes or causes to be published or dis-
tributed, or for the purpose of publishing or distributing the same, knowingly
deposits for mailing or delivery or causes to be deposited for nailing or delivery,
or, except in cases of employees of the Post Office Department in the official
discharge of their duties, knowingly transports or causes to be transported
in interstate commerce any card, pamphlet, circular, poster, dodger, advertise-
ment, writing, or other statement relating to or concerning any person who has
publicly declared his Intention to seek the office of President, or Vice President
of the United States, or Senator or Representative in, or Delegate or Resident
Commissioner to Congress, in a primary, general, or special election, or con-
vention of a political party, or has caused or permitted his intention to do so
to be publicly declared, which does not contain the names of the persons, asso-
ciations, committees, or corporations responsible for the publication or dis-
tribution of the same, and the names of the officers of each such association,
committee, or corporation, shall be fined not more than $1,000 or Imprisoned
not more than one year, or both.
A Federal employee may serve as an election officer provided that
in so doing he discharges the duties of the office in an impartial
manner, as prescribed by State or local law. While serving as an
election officer he may not engage in, or become involved in, activities
in behalf of a political party or candidate.
An employee may not participate in or help organize a political
parade. An employee may be a member of a band or orchestra that
takes part in parades or rallies provided such band or orchestra is
generally available for hire as a musical organization.
15
Approved For Release : CIA-RDP6O-00442ROO0100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
PETITIONS
The first amendment to the Constitution of the United States pro-
vides that "Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people peace-
ably to assemble and to petition the Government for a redress of
grievances." Section 6 of the act of August 24, 1912 (37 Stat. 555),
provides that "the right of persons employed in the civil service of
the United States, either individually or collectively, to petition Con-
gress, or any Member thereof, or to furnish information to either
House of Congress, or to any Committee or Member thereof, shall
not be denied or interfered with." -
An employee subject to the law of August 2, 1939, as amended,
is permitted to sign petitions, including nominating petitions, as an
individual, without reference to his connection with the Government,
but he may not initiate them, or canvass for the signatures of others,
if such petitions are identified with political management or political
campaigns. Employees are permitted to exercise the right as indi-
viduals to sign a petition favoring a candidate for office, but they
may not, either as Government employees or as a group or association
of Government employees, solicit others to become candidates for
office.
CANDIDACY FOR PUBLIC OFFICE
Candidacy for nomination or for election to a National, State,
county, or municipal office is not permissible. The prohibition
against political activity extends not merely to formal announcement
of candidacy but also to the preliminaries leading to such announce-
ment and to canvassing or soliciting support or doing or permitting
to be done any act in furtherance of candidacy. An employee may
not solicit others to become candidates for nomination or for election
to such an office 4
The Attorney General held in an opinion to the Secretary of the
Interior dated April 17, 1940 (39 Op. Atty. Gen. 423), that the Hatch
Act does not apply to the acceptance and holding of a local office to
which an employee was elected without being a candidate, his name
not appearing on the ballot but being written in by voters. However,
the Commission interprets this opinion as applicable only in cases
where the writing in of an employee's name is a spontaneous action
on the part of the voters and does not come about as a result of pre-
arrangement whereby the employee was in effect a candidate before
the vote was cast.
16
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
This decision is authority for the statement that the mere holding
of a public office is not in itself a violation. (See also Attorney
General's Circular No. 3301, October 26, 1939.)
However, it should be noted that membership on a political com-
mittee is not a public office, within the meaning of the foregoing,
even though held by election in the regular election as a political
representative of a ward, precinct, county, or of the voting subdivi-
sion of a State. The holding of such political offices is prohibited.
V. Exceptions to Hatch Act Restrictions
The Hatch Act specified two conditions under which political ac-
tivity on the part of Federal officers and employees is permissible.
(1) Section 18 of the act sets forth an exception relating to elections
not specifically identified with National or State issues or political
parties.
(2) Section 16 of the act sets forth an exception relating to political
campaigns in communities adjacent to the District of Columbia or
in communities the majority of whose voters are employees of the Fed-
eral Government.
Both sections are quoted on page 3 of this pamphlet.
SECTION 18
To be permissible under section 18, the activity must be of a strictly
local character-completely unrelated to issues and candidates that
are identified with National and State political parties.
For many years prior to enactment of the Hatch Act, Federal. em-
ployees residing in certain municipalities near the District of Colum-
bia were permitted to be candidates for, and to hold, local office. in
those municipalities.
The permission was granted either by an individual Executive order
or by action of the Commission based on an Executive order, and it
remained in full force and effect until the passage of the act of August
2, 1939, which prohibited active participation in political management
or in political campaigns, without exception. When this act was
amended by the act of July 19, 1940, a new section was added (section
16, 54 Stat. 767) whereby the Commission was authorized to promul-
gate regulations extending the privilege of active participation in
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
local political management and local political campaigns to Federal
employees residing in any municipalities or other political subdivi-
sions of the States of Maryland and Virginia in the immediate
vicinity of the District of Columbia or in municipalities the majority
of whose voters are employed by the Government of the United States.
The Commission has promulgated regulations governing the exten-
sion of the privileges set forth in the section quoted above and copies
of these regulations are available upon request to the Commission's
central office in Washington, D. C. Under these regulations it is nec-
essary that a formal request be received from the representatives of
the community involved and that the petitioners furnish certain speci-
fied information relative to their community and its elections. In all
cases the final decision as to the extension of the privileges of section
16 to any individual municipality depends on the municipality's meet-
ing certain prerequisites that are set forth in the Commission's
regulations.
The Commission has extended the privileges allowed by section 16 of
the Hatch Act to the following municipalities or political subdivisions
by formal action recorded on the dates indicated :
Annapolis (May 16, 1941) .
Berwyn Heights (June 15, 1944).
Bethesda (Feb. 17,1943).
Bladensburg (Apr. 20, 1942).
Brentwood (Sept. 26, 1940) .
Capitol Heights (Nov. 12, 1940).
Cheverly (Dec. 18, 1940).
Chevy Chase, sections 1 and 2 (Mar. 4,
1941).
Chevy Chase, section 3 (Oct. 8,1940).
Chevy Chase, section 4 (Oct. 2, 1940).
Martin's Additions 1, 2, 3, and 4 to
Chevy Chase (Feb. 13, 1941).
Chevy Chase View (Feb. 26, 1941).
College Park (June 13, 1945).
Cottage City (Jan. 15, 1941).
District Heights (Nov. 2, 1940).
Edmonston (Oct. 24, 1940).
Fairmont Heights (Oct. 24, 1940.
Forest Heights (Apr. 22, 1949).
Garrett Park (Oct. 2, 1940).
Gienarden (May 21, 1941).
Glen Echo (Oct. 22, 1940).
Greenbelt (Oct. 4, 1940).
Hyattsville (Sept. 20, :1940).
Kensington (Nov. 8, 1940).
Landover Hills (May 5, 1945).
Morningside (May 19, 1949).
Mount Rainier (Nov. 22, 1940).
North Beach (Sept. 20, 1940). .
North Brentwood (May 6, 1941).
North Chevy Chase (July 22, 1942).
Northwest Park (Feb. 17, 1943).
Riverdale (Sept. 26, 1.940) .
Seat Pleasant (Aug. 31, 1042).
Somerset (Nov. 22, 1940).
Takoma Park (Oct. 22, 1940).
University Park (Jan. 18, 1941).
Washington Grove (Apr. 5, 1941).
Alexandria (Apr. 15, 1941).
Arlington County (Sept. 9, 1940).
Clifton (July 14, 1941).
Fairfax County (Nov. 10, 1949).
Falls Church (June 6, 1941).
Herndon (Apr. 7, 1945).
Vienna (Mar. 18, 1946)..
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
Orruin MUNICIFAISTLES
Bremerton, Wash. (Feb. 27, 1946). Anchorage, Alaska (Dec. 29, 194T).
Port Orchard, Wash. (Feb. 27, 1946). I Benicia, Calif. (Feb. 20, 1948).
Elmer City, Wash. (Oct. 28, 1947). Warner Robins, Ga. (Mar. 19,1948).
The Commission's actions extending the privileges of active par-
ticipation in local self-government of the above-listed communities
to resident Federal officers or employees are subject to the following
restrictions :
(1) Federal officers and employees in the exercise of these privi-
leges must not neglect their official duties and must not engage in
nonlocal partisan political activities.
(2) Federal officers and employees must not run for local office as
candidates representing a political party or become involved in politi-
cal management in connection with the campaign of a party candidate
for office.
(3) Federal officers and employees who are candidates for local
elective office must run as independent candidates and must conduct
their campaigns in a purely nonpartisan manner.
(4) Federal officers and employees elected or appointed to local
offices requiring full-time service must resign their positions with the
Federal Government. If elected or appointed to offices requiring only
part-time service they may accept and hold the same without re-
linquishing their Federal employment provided the holding of such
part-time office does not conflict or interfere with their duties as offi-
cers or employees of the Federal Government. The department or
independent agency in which Federal officers or employees are em-
ployed is the sole judge of whether or not the holding of the local
office conflicts or interferes with their official duties as officers or
employees of the Federal Government.
(5) The permission granted by the Commission to any particular
community may be suspended or withdrawn by the Commission when
in its opinion the activities resulting therefrom are or may become
detrimental to the public interest or inimical to the proper enforce-
ment of the political-activity law and rules.
VI. State Officers and Employees
This publication deals primarily with the political-activity restric
tions applicable to Federal officers and employees. However, it should
be mentioned that there are other provisions of the so-called Hatch
19
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
Act that apply Federal political-activity restrictions to those officers
and employees of a State, or local agency of a State, whose principal
employment is in connection with an activity financed in whole or
in part by Federal loans or grants. These restrictions are also en-
forceable by the United States Civil Service Commission. The fol-
lowing rule of jurisdiction has been, adopted by the Commission in
these cases:
An officer or employee of a State or local agency is subject
to the Act if, as a normal and foreseeable incident to his
principal job or position, lie performs duties in connection
with an activity financed in whole or in part by Federal loans
or grants; otherwise he is not.
The restrictions applicable to State or local agency officers and
employees falling within the scope of this rule of jurisdiction prohibit
the following :
(1) Use of official authority or influence for the purpose of inter-
fering with an election or a nomination for office, or affecting the
result thereof.
(2) Directly or indirectly coercing, attempting to coerce, com-
manding, or advising any other such officer or employee to pay, lend,
or contribute any part of his salary or compensation or anything
else of value to any party, committee, organization, agency, or person
for political purposes.
(3) Active participation in political management or in political
campaigns.
The first two restrictions are self-explanatory and the third covers
the same activities that are described in part IV of this pamphlet.
VII. Federal Officers or Employees
Holding Local Office
While the Hatch Act and the civil-service rule prohibit Federal em-
ployees from being candidates for local elective office except in the in-
stances mentioned in part V, above, there also must be considered those
instances in which a Federal officer or employee wishes to accept an
appointive office under a State or local government or in which a
State or local officeholder wishes to accept Federal employment and
does not wish to relinquish his State or local office or position. In
these latter instances the mere holding of the local office in the absence
of facts showing partisan political activity would not constitute a
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
violation of the Hatch Act; however, the terms of an Executive order
dated January 17, 1873, must be applied.
EXECUTIVE ORDER OF JANUARY 17, 1873
In general, this order prohibits persons from accepting or holding
any office or position under a State, Territorial, or municipal govern-
ment at the same time that they hold Federal civil office by appoint-
ment.
Certain specific exceptions to this general prohibition are set forth
in the original order and in subsequent amending orders, and it has
been ruled that unless a position or office is specifically listed as an
exception, it must be viewed as within the prohibitions of the order
of 1873 (25 Dec. Comp. Treas. 234).
Also, during the period of the national emergency, Executive Order
No. 8516 of August 15, 1940, is in effect. This order suspends and
makes inoperative the Executive order of January 17, 1873, insofar
as the United States Civil Service Commission shall by regulation
authorize appointments to positions directly concerned with the na-
tional defense. The Commission has by formal action under the au-
thority of the Executive order of August 15, 1940, decided that the
Executive order of January 17, 1873, is not to be applied to persons
appointed subsequent to August 15, 1940, to positions declared by the
Commission to be directly concerned with the national defense.
NOTE.-These Executive orders are no longer effective insofar as
they conflict with the political-activity restrictions of section
9 (a) of the Hatch Act, and are not to be construed as per-
mitting officers and employees in the executive branch of the
Federal Government to become candidates for any elective
office that is to be filled in an election involving candidates who
are either directly or indirectly representing a political party.
The Executive order of January 17, 1873, is in full force and effect
as applied to Federal employees holding positions not directly con-
cerned with the national defense and to persons appointed to the
Federal service prior to August 15, 1940. It reads as follows :
Whereas it has been brought to the notice of the President of the United
States that many persons holding civil office by appointment from him or other-
wise under the Constitution and laws of the United States while holding such
Federal positions accept offices under the authority of the States and Territories
in which they reside, or of municipal corporations, under the charters and
ordinances of such corporations, thereby assuming the duties of the State,
Territorial, or municipal office at the same time that they are charged with
the duties of the civil office held under Federal authority:
And whereas it is believed that, with but few exceptions, the holding of two
such offices by the same person is incompatible with a due and faithful discharge
of the duties of either office ; that it frequently gives rise to great inconvenience,
and often results in detriment to the public service ; and, moreover, is not in har-
mony with the genius of the Government :
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
In view of the premises, therefore, the President has deemed it proper thus
and hereby to give public notice that, from and after the 4th day of March,
A. D. 1873 (except as herein specified), persons holding any Federal civil office
by appointment under the Constitution and laws of the United States will be
expected, while holding such office, not to accept or hold any office under any
State or Territorial government, or under the charter or ordinances of any
municipal corporation ; and, further, that the acceptance or continued holding of
any such State, Territorial, or municipal office, whether elective or by appoint-
ment, by, any person holding civil office as aforesaid under the Government of
the United States, other than judicial offices under the Constitution of the
United States, will be deemed a vacation of the Federal office held by such
person, and will be taken to be and will be treated as a resignation by such
Federal officer of his commission or appointment in the service of the United
States.
The offices of justices of the peace, of notaries public, and of commissioners to
take the acknowledgment of deeds, of bail, or to administer oaths, shall not be
deemed within the purview of this order and are excepted from its operation,
and may be held by Federal officers.
The appointment of deputy marshals of the United States may be conferred
upon sheriffs or deputy sheriffs. Any deputy postmasters, the emoluments of
whose office do not exceed $600 per annum, are also excepted from the operation
of this order and may accept and hold appointments under State, Territorial,
or municipal authority, provided the same be found not to interfere with the
discharge of their duties as postmasters. Heads of departments and other
officers of the Government who have the appointment of subordinate officers are
required to take notice of this order, and to see to the enforcement of its pro-
visions and terms within the sphere of their respective departments or offices
and as relates to the several persons holding appointments under them,
respectively.
INTERPRETATION OF ORDER OF JANUARY 17, 1873
An Executive order of January 28, 1873, as amended by Executive
order of August 27, 1933, is as follows :
Inquiries having been made from various quarters as to the application of the
Executive order issued on the 17th of January relating to the holding of State
or municipal offices by persons holding civil offices under the Federal Govern-
ment, the President directs the following reply to be made:
It has been asked whether the order prohibits a Federal officer from holding
also the office of qn alderman or of a common councilman in a city, or of a town
councilman of a town or village, or of appointments under city, town, or village
governments. By some it has been suggested that there may be distinction
made in case the office be with or without salary or compensation. The city
or town offices of the description referred to, by whatever names they may be
locally known, whether held by election or by appointment, and whether with
or without salary or compensation, are of the class which the Executive order
intends not to be held by persons holding Federal offices.
It has been asked whether the order prohibits Federal officers from holding
positions on boards of education, school committees, public libraries, religious
or eleemosynary institutions incorporated or established or sustained by State
or municipal authority. Positions and service on such boards and committees,
and professorships in colleges are not regarded as "offices" within the con-
templation of the Executive order, but as employments or service in which all
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
good citizens may be engaged without incompatibility and in many cases without
necessary interference with any position which they may hold under the Federal
Government. Officers of the Federal Government may therefore engage in such
service, provided the attention required by such employment does not interfere
with the regular and efficient discharge of the duties of their office under the
Federal Government. The head of the department under whom the Federal
office is held will in all cases be the sole judge whether or not the employment
does thus interfere.
The question has also been asked with regard to officers of the State Militia.
Congress having exercised the power conferred by the Constitution to provide
for organizing the militia, which is liable to be called forth to be employed in
the service of the United States, and is thus, in some sense, under the control
of the General Government, and is, moreover, of the greatest value to the public,
the Executive order of the 17th January is not considered as prohibiting Federal
officers from being officers in the militia in the States and Territories.
It has been asked whether the order prohibits persons holding office under the
Federal Government being members of local or municipal fire departments, also
whether it applies to mechanics employed by the day in the armories, arsenals,
and navy yards,.etc., of the United States. Unpaid service in local or municipal
fire departments is not regarded as an office within the intent of the Executive
order, and may be performed by Federal officers, provided it does not interfere
with the regular and efficient discharge of the duties of the Federal office, of
which the head of the department under which the office is held will in each
case be the judge.
Mechanics and laborers employed by the day in armories, arsenals, navy
yards, etc., and master workmen and others who hold appointments from the
Government or from any department, whether for a fixed time or at the pleasure
of the appointing power, are embraced within the operation of the order.
EXECUTIVE ORDER OF AUGUST 15, 1940
This order, which suspends the prohibitions of the Executive order
of January 17, 1873, as applied to certain national-defense appoint-
ments and appointees, reads as follows :
By virtue of and pursuant to the authority vested in me by section 1753 of
the Revised Statutes of the United States (U. S. C., title 5, sec. 631) and as
President of the United States, it is ordered that the Executive Order of
January 17, 1873, as amended, prohibiting, with certain exceptions, Federal
officers and employees from holding State, Territorial and municipal offices, be,
and it is hereby, suspended and made inoperative insofar as the United States
Civil Service Commission, shall, by regulation, authorize appointments to post
tions directly concerned with national defense.
The Commission has promulgated the following regulations to
govern the application of the above-quoted Executive order :
1. August 15, 1940, shall be considered as the effective date for application
of Executive Order 8516 and therefore the prohibitions of the Executive order
of January 17, 1873, shall not be applied to persons appointed subsequent to
August 15, 1940, to positions directly concerned with the national defense.
2. Executive Order 8516 shall apply with equal force and effect to Federal
officers or employees appointed subsequent to August 15, 1940, to State or
local positions directly connected with national defense and to State or local
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
officers or employes appointed subsequent to August 15, 1940, to Federal posi-
tions directly conn cted with national defense.
3. (a) All Federal positions, appointments to which were governed by the
War Service Reguations, shall be considered positions directly connected with
national defense.
(b) The applicability of Executive Order 8516 to State or local positions will
be determined by the facts in each particular case.
4. Nothing In these regulations, nor in Executive Order 8516, shall be construed
to permit the holdi g of a State or local position by a Federal officer or employee
or the holding of a Federal position by an officer or employee of a State or local
government, when uch holding is prohibited by the rules or regulations of the
department or agency wherein said officer or employee is employed, or when the
duties of the State car local position will conflict or interfere with the individual's
official duties as a (Federal employee, provided that the employing department
or agency will be Co sidered as the sole judge in determining these factors.
5. The terms of Executive Order 8516 are subject to the, general political ac-
tivity restrictions f section 4.1 of Civil Service Rule IV and the Hatch Act.
Therefore the authority granted by the Executive order can in no way be con-
strued as authorizing any person subject to such political activity restrictions to
become a candidate or election or re-election to any public elective office which is
to be filled in an ele tion involving party candidates.
EXECUTIVE ORDERS CREATING EXCEPTIONS TO THE
EXECUTIVE ORDER OF JANUARY 17, 1873
Federal employees are again cautioned that the authority conferred
by these orders is subject to the general restrictions of the Hatch
Act. Thus, these orders do not authorize Federal employees to be
candidates for ay elective office that is to be filled in an election
involving party c ndidates for public office.
A brief summa ization of these orders is as follows :
Employees of the
Department of Agri
epartment of Agriculture.-Officers and employees of the
tions when such action is deemed necessary by the Secretary of Agriculture to
secure a more efficie t administration (Executive order of June 26, 1907).
Collectors of cotton statistics, Bureau of the Census.-State and county officials
may be appointed spFcial agents under the Bureau of the Census for the collec-
Moderators of tow
meeting and offices
Employees of the
ployees of the Recla
fish or game wardens
(Executive order of August 4, 1909).
meetings.-The temporary office of moderator of a town
f a like character are excepted from the operation of the
ation Service and the National Park Service may, with the
ary of the Interior, accept appointments as deputy State
if no compensation is attached to the position (Executive
order of July 9, 1014Y.
Lighthouse Service Laborers.-Laborers in charge of lights in the Lighthouse
Service' are excepted from the operation of the order of January 17, 1873 (Exec-
utive order of October 6, 1915).
'The Lighthouse Se'vlce has been consolidated with the Coast
Department. Guard, Treasury
Approved For Release : CIA-RDP60-00442R000100060001-7
 ADD rovved ForrrReleaseb: CIA-RDP60 00442R000100060001-7
Sgel agents, D of .-Persons holding State, Territorial, or
municipal positions may be appointed as special agents when such action is
deemed necessary by the Secretary of Labor to secure a more efficient adminis-
tration of any law coming within the purview of the Department of Labor
(Executive order of January 2, 1923).
Employees of the Veterans' Administration.-Officers and employees of the
United States Veterans' Administration serving in a medical capacity and on a
part-time basis may with the consent of the Administrator hold State, county,
or municipal positions in which employed in a medical capacity. Officers and
employees of the United States Veterans' Administration may with the consent
of the Administrator accept appointments under State, county, or municipal
authority as deputy sheriffs (Executive order of August 6, 1924).
Employees of the Alaska Railroad.-Employees of the Alaska Railroad, perma-
nently residing in municipalities on the line of the railroad, are permitted to
become candidates for and hold municipal office therein (Executive order of
October 22, 1926).
Appointments in the Department of Commerce.-Persons holding State, Terri-
torial, or municipal positions may receive, unless prohibited by law, appoint-
ments under the Department of Commerce when the Secretary of that Depart-
ment deems such employment necessary to secure more efficient administration
of the duties of his department (Executive order of July 3, 1931).
Officers of the Public Health Service.-Officers of the Public Health Service' are
permitted, upon recommendation of the Surgeon General of the Public Health
Service, and the approval of the Secretary of the Treasury, to hold office in State,
Territorial, or local health organizations, in order to cooperate with and aid
State, Territorial, or local health departments ; and State, Territorial, or local
health officials or employees are permitted, unless prohibited by law, to hold
office in the Public Health Service when the Surgeon General and the Secretary
of the Treasury deem such employment necessary to secure a more efficient
administration of the duties imposed upon the Public Health Service (Executive
order of August 31, 1931).
Officers under municipalities of the Virgin Islands.-Membership in the Colonial
Council of the Municipality of St. Thomas and St. John, or in the Colonial Council
of the Municipality of St. Croix, Virgin Islands, being unremunerative positions,
shall not be deemed disqualification for employment in the Federal service of the
Virgin Islands, notwithstanding the Executive order of January 17, 1873, provided
it does not interfere with the efficient discharge of the duties of the Federal
position, of which the head of the department under which the position is held
will be the judge (Executive order of February 27, 1933).
Employees of the National Park Service.-Employees of the National Park
Service are permitted, with the approval of the Secretary of the Interior, to
accept appointments as deputy sheriffs under the laws of the States or Terri-
tories in which such employees may be on duty : Provided, That their services as
such deputy sheriffs shall be without compensation and shall not in any manner
interfere or conflict with the performance of their duties as employees of the
National Park Service (Executive order of April 3, 1936).
Medical officers, Indian Service.-Officers and employees of the Indian Service,
Department of the Interior, serving in a medical or sanitary capacity, eithgr
on a part-time or full-time basis, may hold, with the consent of the Secretary
of the Interior, State, county, or municipal positions of a similar character :
Provided, That such services shall not in any manner interfere or conflict with
the performance of their duties as officers or employees of the Indian Service :
The Public Health Service is now under the Federal Security Agency.
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For elease : CIA-RDP60-00442R000100060001-7
And provided further, That there shall be no additional compensation when the
Federal officer or eployee is carried on a full-time basis (Executive order of
May 13, 1936).
District advisers in the Department of the Interior under the act of June 28,
1934.-State, county, or municipal officers, when duly elected by qualified voters
of a grazing district, may be appointed by the Secretary of the Interior to serve
as district adviser nder the act of June 28, 1934 (48 Stat. 1269), as amended by
the act of July 14, 11-139 (Public, No. 173, 76th Cong.), for intermittent duty, when
the Secretary of the Interior deems such services necessary in the interest of
grazing on public lads (Executive order of June 17, 1937).
Immigration inspector, Department of Labor, Virgin Islands.-Officers and em-
ployees of the Municipalities of St. Thomas and St. 3'ohn or of the Municipality
of St. Croix, Virg! Islands, may be appointed to the position of immigration
inspector for the Virgin Islands (Executive order of November 6, 1937).
Employees of the Department of the Interior.-Officers and employees of the
Interior Department, upon approval of the Secretary of the Interior, may hold
office under State, Territorial, and municipal governments engaged in cooperative
and related work ith the Department, -provided that the services to be per-
formed pertain to such work and do not interfere with the performance of the
Federal duties. St te, Territorial, and municipal employees engaged in coopera-
tive and related w rk with the Interior Department may be appointed in the
Department of the nterior when the Secretary deems such employment necessary
to secure more e cient administration of said work. Appointments of such
officers and emplo ees to positions subject to the civil-service laws must be
made in accordant with such laws (Executive order of January 21, 1938).
Employees of the United States Marshal for the Virgin Islands.-Any officer or
employee of the police or prison departments of the Territorial and municipal
governments of the Virgin Islands may be appointed to the position of de-puty
or any other position in the office of the United States Marshal for the Virgin
Islands (Executivell.order of May 24, 1938).
Employees of the Division of Grazing, Department of the Interior.-Employees
of the Division of Grazing of the Department of the Interior, with the approval
of the Secretary, may accept appointment as deputy fire warden, deputy fish
warden, or deputy game warden under the States in which such employees may
be on duty, provided that their services in the State position are without compen-
sation and do not interfere with the performance of the duties of the Federal
position (Executiv order of August 4, 1938).
School teachers d instructors.-Officers and employees of the Federal Govern-
ment may hold po itions as teachers or instructors in any State, Territorial, or
municipal school o university, provided, that their holding of such position shall
not in any mann r interfere or conflict with the performance of their duties
during their regular hours of duty as officers or employees of the Federal Govern-
ment (Executive order of April 11, 1940).
Employees of the Social Security Board, Federal Security Agency.-Officers and
employees of the Social Security Board, Federal Security Agency, upon recom-
mendation of the Board. and approval of the Federal Security Administrator, may
hold office under State, Territorial, and municipal governments engaged in cooper-
ative and related work with the Board, as authorized by Federal and State laws,
provided that the services to be performed pertain to such work and do not in any
manner interfere or conflict with the performance of the Federal duties. State,
Territorial, and municipal officers or employees engaged in cooperative and
related work with the Social Security Board may accept appointment in and serve
under the Social Scurity Board when the Board and the Administrator deem such
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
employment necessary to secure a more efficient administration of the duties
imposed upon the Social Security Board, provided that the appointment of any
such officer or employee to a position subject to civil service laws under the Social
Security Board shall be made in accordance with civil service laws, rules, and
regulations (Executive order of April 29, 1940).
Employees of the Bureau of Reclamation, Department of the Interior.-Em-
ployees of the Bureau of Reclamation, with the approval of the Secretary of the
Interior, may accept appointments as constables or deputy sheriffs under the laws
of the States or Territories in which such employees may be on duty, provided
that their services as such constables or deputy sheriffs shall be without compen-
sation and shall not in any manner interfere or conflict with the performance of
their duties as employees of the Bureau of Reclamation (Executive order of April
28, 1947).
Employees of the United States Atomic Energy Commission.-Officers and em-
ployees of the Atomic Energy Commission, with the approval -of the General
Manager thereof or one of his designees, may hold State or local offices, under the
laws of the States in which such employees may be on duty, provided that the
General Manager or his designee shall determine in each instance that holding
such office shall not in any manner interfere or conflict with the performance of
the duties of such persons as employees of the Commission (Executive order of
March 15, 1949).
Offices. under municipality of Norris, Tennessee.-Officers and employees of
departments, offices, and agencies, including corporations, in or under the execu-
tive branch of the Government of the- United States who are residents of the
City of Norris, Tenn., may hold municipal office under the laws of the State
of Tennessee and the applicable laws and ordinances of the City of Norris,
Tenn., provided that in each instance the Federal agency concerned shall
approve the holding of such office by the Federal officer or employee involved
and shall determine that the holding of such office will not in any manner
interfere or conflict with the performance of the duties of such person as an
officer or employee of the Federal Government (Executive order of May 0, 1949).
NOTE.-Utilization of service of State and local officers.-The heads
of a number of Federal agencies are authorized by specific
statutes to employ the services of State and local officers.
VIII. Criminal Law Violations and
Related Subjects
In addition to being restricted by the act of August 2, 1939 (as
amended), civil-service rules, Executive orders, and departmental
regulations, the freedom of officers and employees of the executive
civil service to engage in politics is limited by a number of statutes.
These statutes are generally applicable to all officers and employees
of the United States, whether or not in the competitive service, and,
in some cases, the language of the statute is sufficiently broad to in-
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For elease : CIA-RDP60-00442R000100060001-7
elude any person receiving compensation for services from money
derived from the Treasury of the United States, and other persons.
These statutes are set forth in the following sections. Some of the
activities prohibi ed under penalty of fine, and imprisonment are :
(1) Solicitation or receipt of political contributions by one officer
or employee from another.
(2) The givin or handing over of a political contribution by one
employee to another.
(3) Solicitation or receipt of political contributions in a Federal
building by any person, whether or not an employee of the Govern-
ment.
(4) Solicitati n or receipt by any person of political contributions
from any person receiving any benefit under any act of Congress
appropriating fiends for relief.
(5) Solicitation or receipt of any thing of value, either for per-
sonal reward or 'as a political contribution, in return for the promise
to use, or the ue of, influence to secure an appointive offce under
the United States.
(6) Payments or the offer of payment for the use of influence in
securing appointive office under the United States.
(7) Promising employment, compensation, or other benefit made
possible by act f Congress as consideration or reward for political
activity.
(8) Discrimi ation by an officer or employee in favor of, or against,
another officer or employee on account of political contributions.
(9) Deprivi g any person on account of race, creed, color, or politi-
cal activity, of compensation or other benefit made possible by any
act of Congres appropriating funds for relief.
(10) Disclosure for political purposes of any list or names of per-
sons receiving benefits under an act of Congress appropriating funds
for relief and the receipt of such a list or names for political purposes.
POLITICAL ASSESSMENTS
Solicitation of Political Contributions
The United tates Code, title 18, section 602, reads as follows
whoever, being
missioner to, or
Representative, E
of the United Sta
any salary or con
of the United Sta'
concerned in solic
for any political
person, shall be i
years, or both.
a Senator or Representative in, or Delegate or Resident Com-
a candidate for Congress, or individual elected as, Senator,
elogate, or Resident Commissioner, or an officer or employee
:es or any department or agency thereof, or a person receiving
pensatiori for services from money derived from the Treasury
es, directly or indirectly solicits, receives, or is in any manner
iting or receiving, any assessment, subscription, or contribution
purpose whatever, from any other such officer, employee, or
fined not more than $5,000 or imprisoned not more than three
Approved For Felease : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
Solicitation From Benefit Recipients
The United States Code, title 18, section 604, reads as follows :
Whoever solicits or receives or is in any manner concerned in soliciting or
receiving any assessment, subscription, or contribution for any political purpose
from any person known by him to be entitled to, or receiving compensation,
employment, or other benefit provided for or made possible by any Act of Congress
appropriating funds for work relief or relief purposes, shall be fined not more
than $1,000 or imprisoned not more than. one year, or both.
Furnishing List of Benefit Recipients
The United States Code, title 18, section 605, reads as follows :
Whoever, for political purposes, furnishes or discloses any list or names of
persons receiving compensation, employment or benefits provided for or made
possible by any Act of Congress appropriating, or authorizing the appropriation
of funds for work relief or relief purposes, to a political candidate, committee,
campaign manager, or to any person for delivery to a political candidate, com-
mittee or campaign manager ; and
Whoever receives any such list or names for political purposes-
Shall be fined not more than $1,000 or imprisoned not more than one year, or
both.
Circulars of Solicitation Bearing Names of Federal Employees
In an opinion of October 17, 1902 (24 Op. 133), the Attorney
General held that the sending of a circular letter by a political com-
mittee to Federal officers and employees soliciting financial aid in
Congressional or State elections, upon or attached to which appear the
names of Federal officers or employees, is a violation of section 11 of
the Civil Service Act (now sec. 602, title 18, of the U. S. Code), which
declares that no officer or employee of the Government shall be in any
manner concerned in soliciting or receiving any assessment or contri-
bution for any political purpose whatever from any officer or employee
of the United States. The statute unquestionably condemns all such
circulars, notwithstanding the particular form of words adopted, in
order to show a request rather than a demand, and to give the responses
a quasi-voluntary character.
The following is an extract from the decision in United States v.
Scott (74 Fed. 213), in the Circuit Court of the District of Kentucky,
rendered October 7, 1895, by Taft, J.:
To charge a man with soliciting a contribution from United States officers for
a political purpose carries with it. by implication a charge that the accused
knew the purpose for which the contribution was solicited. The words "for a
political purpose" may reasonably be construed to qualify not only the contri-
bution but the solicitation. Similarly, to charge that a man received from
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For F
another his contra
the reception was I
it necessary to se
the persons from
United States.
The following
in the case of t
of Tennessee (u
release : CIA-RDP60-00442R000100060001-7
)ution for a political purpose, by implication charges that
or the same purpose as the contribution. * * * Nor was
out the specific averment that the defendant knew that
whom the contributions were received were officers of the
extract is from the decision, rendered by McCall, J.,
nited States v. Dutro, L. W., 1913, Western District
ireported) :
The statute under which the indictment was found prohibits (and I shall
speak of this cone ete case) the postmaster at Memphis, Tenn., from receiving,
or being in any manner concerned in receiving, any assessment, subscription,
or contribution fot any political purpose whatever from any official, clerk, or
employee of the U ited States.
There are four counts in the indictment. Two of them charge the defendant
with receiving subscriptions and contributions for political purposes from an
officer, clerk, or employee of the United States, and two of them charge defend-
ant with being concerned in receiving such assessment or subscription for
political purposes from a clerk or employee of the United States.
Evidently one o the purposes of Congress in enacting the legislation was to
prohibit superior officers from bringing pressure to bear upon their subordinates
in order to secure contributions for campaign purposes, and the act is couched
in very broad terns.
This evidence (which so far is uncontradicted) shows that the defendant,
Mr. Dutro, did receive two contributions for campaign purposes from an.officer
or clerk or empl yee of the United States. Whatever may have been Mr.
Dutro's frame of mind in regard to his connection with it, the one fact remains,
as the evidence shows, that he received these contributions for the purposes
and from the parties which the law prohibits. Perhaps and no doubt he did
so without any thought that he was violating any statute, and felt that he was
acting purely as ` conveyor of these contributions to the political parties for
whom they were intended, to accommodate those who were making the contri-
butions, and purey as a personal matter, but I think undet the evidence his
action was in viol tion of the statute.
The other two c unts, as I have pointed out, charge the defendant with 'being
concerned in receiving assessments, subscriptions, or contributions for campaign
purposes from a clerk, employee, or officer of the United States. There is a
controversy here between counsel as to what the word "concerned" means.
From what the law books say which have been read here, and from my own
impression, it seems that the word "concerned" means to be interested in, or
take part in, recei ing such contributions. If Mr. Dutro, by his connection with
these two subscri tions, took a part in the contributions being made by em-
ployees of the Go ernment for campaign purposes, he would be guilty. I think
the natural const uction of the phrase or term or word necessarily leads to the
conclusion that h did take a part in receiving the contributions, because he
received and conveyed them from the contributors to the parties for whom they
were intended, a
were making the
it was to go.
The foregoi
d, as the proof so far shows, he knew that the parties who
contributions were clerks under him in the Post Office Depart-
v the purpose for which the money was to be used and where
g case definitely establishes the principle that an
e Government who receives a political contribution
employee of tl
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
from another such employee as a mere agent or messenger for the
purpose of turning it over to a political organization commits a
violation of the statute.
Solicitation or Receipt of Political Contributions in
Federal Buildings
The United States Code, title 18, section 603, reads as follows :
Whoever, in any room or building occupied in the discharge of official duties
by any person mentioned in section 602 of this title, or in any navy yard, fort,
or arsenal, solicits or receives any contribution of money or other thing of value
for any political purpose from any such person, shall be fined not more than
$5,000 or imprisoned not more than three years, or both.
Letters Addressed to Federal Buildings
The Commission by a minute of March 23, held that addressing
a letter to a Government employee in a Government building soliciting
political contributions is a solicitation in that building, but notwith-
standing numerous violations no opportunity arose of having the
question judicially determined until 1907, when an indictment was
obtained against Edward S. Thayer at Dallas, Tex. A demurrer to
the indictment was sustained on the ground that the act required the
personal presence in the Government building of the solicitor. Appeal
was taken to the Supreme Court, and the judgment of the lower court
was reversed. (United States v. Thayer, 209 U. S. 39.) The opinion
of the Court, delivered by Justice Holmes on March 9, 1908, establishes
definitely the proposition that solicitation by letter or circular
addressed to and delivered by mail or otherwise to an officer or em-
ployee of the United States at the office or building in which he is
employed in the discharge of his official duties is a solicitation "in a
room or building" within the meaning of this section, the solicitation
taking place where the letter was received. (See also United States
v. Smith, 163 Fed., 926, where the letter was personally delivered.)
Letters Delivered in Federal Buildings
The Commission holds that the sending through the mails of let-
ters to Government employees soliciting political contributions, their
street or home address being omitted from the envelopes with the
result that the letters are delivered by the postal authorities in the
Government building in which they are employed, constitutes a viola-
tion of section 603 of the Code. It is a maxim of the law that a
person is presumed to intend the natural and probable consequences
of his acts, and failure or omission to take measures to avoid delivery
of such letters in a Government building will render the offender liable
to prosecution.
31
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For
elease : CIA-RDP60-00442R000100060001-7
Discrimination on Account of Political Contributions
The United Stites Code, title 18, section 606, reads as follows:
Whoever, being one of the officers or employees of the United States mentioned
in section 002 of his title, discharges, or promotes, -or degrades, or in any
manner changes the; official rank or compensation of any other officer or employee,
or promises or thre4tens so to do, for giving or withholding or neglecting to make
any contribution of oney or other valuable thing for any political purpose, shall
be fined not more t an $5,000 or imprisoned not more than three years, or both.
Payment of Political Contributions by One Employee to Another
The United S ates Code, title 18, section 607, reads' as follows :
Whoever, being .. an officer, clerk, or other person in the service of the United
States or any depal.tment or agency thereof, directly or indirectly gives or hands
over to any other officer, clerk, or person in the service of the United States, or
to any Senator or ember of or Delegate to Congress, or Resident Commissioner,
any money or other'valuable thing on account of or to be applied to the promotion
of any political ob ect, shall be fined not more than $5,000 or imprisoned not
more than three y Es, or both.
Section 2, clause second, of the Civil Service Act directs that the
civil-service rulels "shall provide and declare as nearly as the condi-
tions of good administration will warrant, as follows : * * *
Sixth. That no person in said service has any right to use his official
authority or influence to coerce the political action of any person or
body." In purs an.ce of this section, Civil Service Rule IV, section
4.1, provides, in part, that "Persons in the executive branch * " *
shall not use their official authority or influence for the purpose of
interfering withi an election or affecting the result thereof." This
provision applie to all persons in the executive civil service, and is
held to prohibit a superior officer from requesting or requiring the
rendition of any political service or the performance of political work
of any sort by sulbordinates.
Intimidation and Coercion of Voters in Elections
of Certain Officers
The United Sates Code, title 18, section 594, reads as follows :
Whoever intimid tes, threatens, coerces, or attempts to intimidate, threaten, or
coerce, any other erson for the purpose of interfering with the right of such
other person to vote or to vote as he may choose, or of causing such other person
to vote for, or not to vote for, any candidate for the office of President, Vice Presi-
dent, Presidential elector, Member of the Senate, or Member of the House of
Representatives, Delegates or Commissioners from the Territories and Posses-
sions, at any election held solely or in part for the purpose of electing such
candidate, shall b fined not more than $1,000 or imprisoned not more than one
year, or both.
32
Approved For elease : CIA-RDP60-00442R000100060001-7
 Approved For Release : CIA-RDP60-00442R000100060001-7
Administrative Employees of United States or Any State
Use of Official Authority To Influence Elections
The United States Code, title 18, section 595, reads as follows:
Whoever, being a person employed in any administrative position by the United
States, or by any department or agency thereof, or by the District of Columbia or
any agency or instrumentality thereof, or by any State, Territory, or Possession
of the United States, or any political subdivision, municipality, or agency thereof,
or agency of such political subdivision or municipality (including any corporation
owned.or controlled by any State, Territory, or Possession of the United States or
by any such political subdivision, municipality, or agency), in connection with
any activity which is financed in whole or in part by loans or grants made by the
United States, or any department or agency thereof, use his official authority for
the purpose of interfering with, or affecting, the nomination or the election of any
candidate for the office of President, Vice President, Presidential elector, Member
of the Senate, Member of the House of Representatives, or Delegate or Resident
Commissioner from any Territory or Possession, shall be fined not more than
$1,000 or imprisoned not more than one year, or both.
This section shall not prohibit or make unlawful any act by any officer or
employee of any educational or research institution, establishment, agency, or
system which is supported in whole or in part by any State or political subdivision
thereof, or by the District of Columbia or by any Territory or Possession of the
United States ; or by any recognized religious, philanthropic, or cultural organi-
zation.
Use of Official Authority in Coercing Voters
The United States Code, title 18, section 598, reads as follows :
Whoever uses any part of any appropriation made by Congress for work relief,
or for increasing employment by providing loans and grants for public-works
projects, or exercises or administers any authority conferred by any Appropria-
tion Act for the purpose of interfering with, restraining, or coercing any individ-
ual in the exercise of his right to vote at any election, shall be fined not more than
$1,000 or imprisoned not more than one year, or both.
POLITICAL DISCRIMINATION
Failure To Contribute or Render Political Service
Not Prejudical
Section 2, clause second, of the Civil Service Act reads as follows:
Fifth, that no person in the public service is for that reason under any obliga-
tions to contribute to any political fund, or to render any political service, and
that he will not be removed or otherwise prejudiced for refusing to do so.
Section 4 of the act of August 2, 1939, 53 Stat. 1147 (U. S. Code,
title 18, section 61c), reads as follows : -
It shall be unlawful for any person to deprive, attempt to deprive, or threaten
to deprive, by any means, any person of any employment, position, work, compen-
sation, or other benefit provided for or made possible by any act of Congress
appropriating funds for work relief purposes, on account of race, creed, color, or
any political activity, support of, or opposition to any candidate or any political
party in any election.
Approved For Release : CIA-RDP60-00442R000100060001-7
 Approved For
elease : CIA-RDP60-00442R000100060001-7
Deprivation of Employment,
Compensation, or Other Benefit
The United Sates Code, title 18, section 601, reads as follows :
Whoever, except as required by law, directly or indirectly, deprives, attempts
compensation, or
Congress appropri
race, creed, color, o
date or any politic
or imprisoned not
ther benefit provided for or made possible by any Act of
ting funds for work relief or relief purposes, on account of
any political activity, support of, or opposition to any candi-
I party in any election, shall be fined not more than-$1,000
Politics Not To Be Considered in Filling Vacancies
Section 4.3 of Civil Service Rule IV reads as follows :
In his discretio
through the compe
ity of the Cominis
statement, or rest
shall exercise his
and fitness and wi
or race.
PUR
0
The United
firm, or corporati
an appointing officer may fill any position by appointment
itive system from a certificate of eligibles issued under author-
ration in accordance with the Civil Service Regulations. He
scretion in all personnel actions solely on the basis of merit
hout regard to political or religious affiliations, marital status,
HASE AND SALE OF PUBLIC OFFICE
er ToProcure Appointive Public Office
tates Code, title 18, section 214, reads as follows :
offers or promises any money or thing of value, to any person,
ointive office or place under the United States for any person,
ore than $1,000 or imprisoned not more than one year, or both.
Acceji tance or Solicitation To Obtain Appointive
Public Office
The United States Code, title 18, section 215, reads as follows :
emolument, any
support or use of
place under the U
not more than one
or receives, either as a political contribution, or for personal
oney or thing of value, in consideration of the promise of
influence in obtaining for any person any appointive office or
nited States, shall be fined not more than $1,00& or imprisoned
, year, or both.
f Employment, Compensation, or Other Benefit
The United Mates Code, title 18, section 600, reads as follows :
Whoever, dire tly, or indirectly, promises any employment, position, work,
compensation, or other benefit, provided for or made possible in whole or in part
by any Act of Congress, to any person as consideration, favor, or reward for any
political activity or for the support of or opposition to any candidate or any
political party in any election, shall be fined not more than $1,000 or imprisoned
not more than on year, or both.
34
Approved For
U. S. GOVERNMENT PRINTING OFFICE, 1991.
elease : CIA-RDP60-00442R000100060001-7