§ 1502. — Influencing elections; taking part in political campaigns; prohibitions; exceptions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC1502]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
CHAPTER 15--POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES
Sec. 1502. Influencing elections; taking part in political
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 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) 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 or
municipality who is not classified under a State or municipal 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,
Sec. 401(a), Oct. 15, 1974, 88 Stat. 1290.)
Historical and Revision Notes
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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5 U.S.C. 118k(a) (less 1st July 19, 1940, ch.
41 words). 640, Sec. 4 ``Sec.
12(a) (less 1st 41
words)'', 54 Stat.
767.
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In subsection (a), the term ``State or local officer or employee'',
defined in section 1501, is substituted for the first 41 words of former
section 118k(a). The words ``any part of his salary or compensation''
are omitted as included in ``anything of value''.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Amendments
1974--Subsec. (a)(3). Pub. L. 93-443 substituted ``be a candidate
for elective office'' for ``take an active part in political management
or in political campaigns''.
Effective Date of 1974 Amendment
Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section
410(a) of Pub. L. 93-443, set out as a note under section 431 of Title
2, The Congress.
Section Referred to in Other Sections
This section is referred to in sections 1503, 1504, 1505, 1506 of
this title; title 42 sections 9851, 9918.
