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5 U.S.C. § 1502 — Influencing elections; taking part in political campaigns; prohibitions; exceptions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A State or local officer or employee may not—
(1) use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office;
(2) directly or indirectly coerce, attempt to coerce, command, or advise a State or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or
(3) if the salary of the employee is paid completely, directly or indirectly, by loans or grants made by the United States or a Federal agency, be a candidate for elective office.
**(b)** A State or local officer or employee retains the right to vote as he chooses and to express his opinions on political subjects and candidates.
**(c)** Subsection (a)(3) of this section does not apply to—
(1) the Governor or Lieutenant Governor of a State or an individual authorized by law to act as Governor;
(2) the mayor of a city;
(3) a duly elected head of an executive department of a State, municipality, or the District of Columbia who is not classified under a State, municipal, or the District of Columbia merit or civil-service system; or
(4) an individual holding elective office.
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Stable record: federal_law:legal_authorities:record_usc_52a2b5aba67da8cf3cb18574
Source file: Laws/federal/codes/united-states-code/title-5/section-1502-influencing-elections-taking-part-in-political-campaigns-prohibitions-ex--7298700ae0.md
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Passage SHA-256: e240e51087a265a3338c46b3b8be8bded15cec6fe3db8d5ab083da5c57be554a
Source location: Title 5, Chapter 15, § 1502; chapter-015-political-activity-of-certain-state-and-local-employees.md
Stored source content
**(a)** A State or local officer or employee may not—
(1) use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office;
(2) directly or indirectly coerce, attempt to coerce, command, or advise a State or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or
(3) if the salary of the employee is paid completely, directly or indirectly, by loans or grants made by the United States or a Federal agency, be a candidate for elective office.
**(b)** A State or local officer or employee retains the right to vote as he chooses and to express his opinions on political subjects and candidates.
**(c)** Subsection (a)(3) of this section does not apply to—
(1) the Governor or Lieutenant Governor of a State or an individual authorized by law to act as Governor;
(2) the mayor of a city;
(3) a duly elected head of an executive department of a State, municipality, or the District of Columbia who is not classified under a State, municipal, or the District of Columbia merit or civil-service system; or
(4) an individual holding elective office.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
(1) “State” means a State or territory or possession of the United States;
(2) “State or local agency” means the executive branch of a State, municipality, or other political subdivision of a State, or an agency or department thereof, or the executive branch of the District of Columbia, or an agency or department thereof;
(3) “Federal agency” means an Executive agency or other agency of the United States, but does not include a member bank of the Federal Reserve System; and
(4) “State or local officer or employee” means an individual employed by a State or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency, but does not include—
(A) an individual who exercises no functions in connection with that activity; or
(B) an individual employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by—
(i) a State or political subdivision thereof;
(ii) the District of Columbia; or
(iii) a recognized religious, philanthropic, or cultural organization.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1501
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
When used in this Act:
(1) The term “election” means—
(A) a general, special, primary, or runoff election;
(B) a convention or caucus of a political party which has authority to nominate a candidate;
(C) a primary election held for the selection of delegates to a national nominating convention of a political party; and
(D) a primary election held for the expression of a preference for the nomination of individuals for election to the office of President.
(2) The term “candidate” means an individual who seeks nomination for election, or election, to Federal office, and for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election—
(A) if such individual has received contributions aggregating in excess of $5,000 or has made expenditures aggregating in excess of $5,000; or
(B) if such individual has given his or her consent to another person to receive contributions or make expenditures on behalf of such individual and if such person has received such contributions aggregating in excess of $5,000 or has made such expenditures aggregating in excess of $5,000.
(3) The term “Federal office” means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.
(4) The term “political committee” means—
(A) any committee, club, association, or other group of persons which receives contributions aggregating in excess of $1,000 during a calendar year or which makes expenditures aggregating in excess of $1,000 during a calendar year; or
(B) any separate segregated fund established under the provisions of [section 30118(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30118/b&num=0&edition=prelim);
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 30101
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Federal law — U.S. Code and appendices · legal_authorities
When a Federal agency charged with the duty of making a loan or grant of funds of the United States for use in an activity by a State or local officer or employee has reason to believe that the officer or employee has violated [section 1502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1502&num=0&edition=prelim), it shall report the matter to the Special Counsel. On receipt of the report or on receipt of other information which seems to the Special Counsel to warrant an investigation, the Special Counsel shall investigate the report and such other information and present his findings and any charges based on such findings to the Merit Systems Protection Board, which shall—
(1) fix a time and place for a hearing; and
(2) send, by registered or certified mail, to the officer or employee charged with the violation and to the State or local agency employing him a notice setting forth a summary of the alleged violation and giving the time and place of the hearing.
The hearing may not be held earlier than 10 days after the mailing of the notice.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1504
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Either the State or local officer or employee or the State or local agency employing him, or both, are entitled to appear with counsel at the hearing under [section 1504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1504&num=0&edition=prelim), and be heard. After this hearing, the Merit Systems Protection Board shall—
(1) determine whether a violation of [section 1502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1502&num=0&edition=prelim) has occurred;
(2) determine whether the violation warrants the removal of the officer or employee from his office or employment; and
(3) notify the officer or employee and the agency of the determination by registered or certified mail.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1505
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** When the Merit Systems Protection Board finds—
(1) that a State or local officer or employee has not been removed from his office or employment within 30 days after notice of a determination by the Board that he has violated [section 1502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1502&num=0&edition=prelim) and that the violation warrants removal; or
(2) that the State or local officer or employee has been removed and has been appointed within 18 months after his removal to an office or employment in the same State (or in the case of the District of Columbia, in the District of Columbia) in a State or local agency which does not receive loans or grants from a Federal agency;
the Board shall make and certify to the appropriate Federal agency an order requiring that agency to withhold from its loans or grants to the State or local agency to which notice was given an amount equal to 2 years’ pay at the rate the officer or employee was receiving at the time of the violation. When the State or local agency to which appointment within 18 months after removal has been made is one that receives loans or grants from a Federal agency, the Board order shall direct that the withholding be made from that State or local agency.
**(b)** Notice of the order shall be sent by registered or certified mail to the State or local agency from which the amount is ordered to be withheld. After the order becomes final, the Federal agency to which the order is certified shall withhold the amount in accordance with the terms of the order. Except as provided by [section 1508 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1508&num=0&edition=prelim), a determination or order of the Board becomes final
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1506
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 295
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 1504
§ 1502. Influencing elections; taking part in polit-
ical campaigns; prohibitions; exceptions
(a) A State or local officer or employee may
not—
(1) use his official authority or influence for
the purpose of interfering with or affecting the
result of an election or a nomination for of-
fice;
(2) directly or indirectly coerce, attempt to
coerce, command, or advise a State or local of-
ficer or employee to pay, lend, or contribute
anything of value to a party, committee, orga-
nization, agency, or person for political pur-
poses; or
(3) if the salary of the employee is paid com-
pletely, directly or indirectly, by loans or
grants made by the United States or a Federal
agency, be a candidate for elective office.
(b) A State or local officer or employee retains
the right to vote as he chooses and to express
his opinions on political subjects and can-
didates.
(c) Subsection (a)(3) of this section does not
apply to—
(1) the Governor or Lieutenant Governor of a
State or an individual authorized by law to act
as Governor;
(2) the mayor of a city;
(3) a duly elected head of an executive de-
partment of a State, municipality, or the Dis-
trict of Columbia who is not classified under a
State, municipal, or the District of Columbia
merit or civil-service system; or
(4) an individual holding elective office.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 404; Pub. L.
93–443, title IV, § 401(a), Oct. 15, 1974, 88 Stat.
1290; Pub. L. 112–230, §§ 2, 3(c), Dec. 28, 2012, 126
Stat. 1616.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 118k(a) (less
1st 41 words).
July 19, 1940, ch. 640, § 4
‘‘Sec. 12(a) (less 1st 41
words)’’, 54
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 1502
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.