Page:United States Statutes at Large Volume 54 Part 1.djvu/801

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54 STAT.] 76TH CONG. , 3D SESS.-CH. 640 -JULY 19, 1940 [CHAPTER 640] AN ACT To extend to certain officers and employees in the several States and the District of Columbia the provisions of the Act entitled "An Act to prevent pernicious political activities", approved August 2, 1939. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act entitled "An Act to prevent pernicious political activities", approved August 2, 1939, is amended to read as follows: "SEC. 2. It shall be unlawful for (1) any person employed in any administrative position by the United States, or by any depart- ment, independent agency, or other agency of the United States (including any corporation controlled by the United States or any agency thereof, and any corporation all of the capital stock of which is owned by the United States or any agency thereof), or (2) any person employed in any administrative position by any State, by any political subdivision or municipality of any State, or by any agency of any State or any of its political subdivisions or municipalities (including any corporation controlled by any State or by any such political subdivision, municipality, or agency, and any corporation all of the capital stock of which is owned by any State 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 by any such depart- ment, independent agency, or other agency of the United States, to use his official authority for the purpose of interfering with, or affecting, the election or the nomination 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 insular possession." SEC. 2 . The third sentence of section 9 (a) of such Act of August 2, 1939, is amended to read as follows: "All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates." SEC. 3 . Section 10 of such Act of August 2, 1939, is amended to read as follows: "SEC. 10. The provisions of this Act shall be in addition to and not in substitution for any other provision of law." SEC. 4 . Such Act of August 2, 1939, is further amended by adding at the end thereof the following new sections: "SEC. 12. (a) No officer or employee of any State or local agency whose principal employment is in connection with any activity which is financed in whole or in part by loans or grants made by the United States or by any Federal agency shall (1) use his official authority or influence for the purpose of interfering with an election or a nomi- nation for office, or affecting the result thereof, or (2) directly or indirectly coerce, attempt to coerce, command, or advise 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, com- mittee, organization, agency, or person for political purposes. No such officer or employee shall take any active part in political man- agement 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 the second sentence of this subsection, the term 'officer or employee' shall not be construed to include (1) the Governor or the Lieutenant Governor of any State or any person who is authorized by law to act as Gov- ernor, or the mayor of any city; (2) duly elected heads of executive 767 July 19,1940 1{.3046] [Public, No. 753] Extension of Act to prevent pernicious political activities. 63 Stat. 1147. 18 U. S. C., Supp. V, 61a. Interference with certain elections, etc., by designated persons. Post, p. 1032 . Right to vote, etc. 53 Stat. 1148. 18 U. 8. C., Supp. V, I 61h (a). 53 Stat. 1149. 18 U. S. C., Supp. V, §61J. Provisions deemed supplementary. 53 Stat. 1147. 18 U. S. C., Supp. V, §§61-61k. Interfenrnce with an election, etc., by clr- taln State offiers or employees. Active political par- ticipation. Right to vote, etc. "Officer or em- ployee" construed; re- striction.