[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR73.735-603]



[Page 177-178]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 73_STANDARDS OF CONDUCT--Table of Contents

 

                      Subpart F_Political Activity

 

Sec.  73.735-603  Prohibited activities.



    (a) The following are prohibited activities:

    (1) Serving as an officer of a political party, a member of a 

national, State or local committee of a political party, an officer or 

member of a committee of a partisan political club, or being a candidate 

for any of these positions;

    (2) Organizing or reorganizing a political party organization or 

political club;

    (3) Directly or indirectly soliciting, receiving, collecting, 

handling, disbursing, or accounting for assessments, contributions, or 

other funds for a partisan political purpose or in connection with a 

partisan election;

    (4) Organizing, selling tickets to, seeking support for, or actively 

participating in a fund-raising activity of, a political party or 

political club;

    (5) Taking an active part in managing the political party campaign 

of a candidate for public office or political office;

    (6) Being a candidate for, or campaigning for, an elective public 

office, except as permitted in Sec.  73.735-602(b)(9);

    (7) Taking an active part in an organized solicitation of votes in 

support of or in opposition to a candidate for public office or 

political party office;

    (8) Acting as recorder, watcher, challenger, or similar officer at 

the polls on behalf of a political party or candidate in a partisan 

election;

    (9) Driving voters to the polls on behalf of a political paty or a 

candidate in a partisan election;

    (10) Endorsing or opposing a candidate in a partisan election in a 

political advertisement, a broadcast, campaign literature, or similar 

material;

    (11) Serving as a delegate, alternate, or proxy to a political party 

convention;

    (12) Addressing a State or national convention or caucus, or a rally 

or similar gathering of a political party, in support of or in 

opposition to a candidate for public or political party office, or on a 

partisan political question; and

    (13) Initiating or circulating a nominating petition for a candidate 

in a partisan election.



[[Page 178]]



    (b) In addition, certain political activities are prohibited by 

Federal criminal law:

    (1) Officers and employees may not directly or indirectly solicit or 

receive, or be in any way involved in soliciting or receiving, any 

assessment, subscription or contribution for any political purpose 

whatever from another officer or employee. This prohibition extends to 

one who acts as a mere agent or messenger for the purpose of turning the 

contribution over to a political organization. 18 U.S.C. 602.

    (2) All persons, whether employees or not, are prohibited from 

soliciting in any manner, or receiving a contribution of, money or a 

thing of value, in any room or building occupied in the discharge of 

official duties by any officer or employee of the United States. 18 

U.S.C. 603. This prohibition extends to the sending of a letter 

soliciting political contributions for delivery in a Government 

building.

    (3) No officer or employee may directly or indirectly give to any 

other officer, employee or person in the service of the United States, 

any money or other thing of value to be applied to the promotion of any 

political objective. 18 U.S.C. 607.

    (4) Discrimination for giving or withholding any contribution for 

any political purpose and discrimination based on political influence or 

recommendations is prohibited.

    (c) Various other laws prohibit certain activities in connection 

with political campaigns and elections. They include:

    (1) Intimidating, threatening, or coercing voters in Federal 

elections (18 U.S.C. 594).

    (2) Using official authority in interfering with a Federal election 

by a person employed in any administrative position by the United States 

or by any department, independent establishment, or agency of the United 

States or by any State, agency, or political subdivision thereof in 

connection with any activity financed in whole or in part by Federal 

funds (18 U.S.C. 595).

    (3) Promising Federal employment, compensation, or any benefit from 

Federal funds, in return for political activity or support (18 U.S.C. 

600).

    (4) Depriving anyone of employment, compensation, or any benefit 

derived from Federal relief or work relief funds on account of race, 

creed, color, or political activity (18 U.S.C. 601).

    (5) Soliciting, assessing, or receiving subscriptions or 

contributions for political purpose from anyone on Federal relief or 

work relief (18 U.S.C. 604).