5 C.F.R. PART 151—POLITICAL ACTIVITY OF STATE OR LOCAL OFFICERS OR EMPLOYEES
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 151—POLITICAL ACTIVITY OF STATE OR LOCAL OFFICERS OR EMPLOYEES
Section Contents
General Provisions
§ 151.101 Definitions.
Permissible Activities
§ 151.111 Permissible activities.
Prohibited Activities
§ 151.121 Use of official authority; coercion; candidacy; prohibitions.
§ 151.122 Candidacy; exceptions.
Authority: 5 U.S.C. 1302, 1501–1508, as amended.
Source: 35 FR 16783, Oct. 30, 1970, unless otherwise noted.
General Provisions
top
§ 151.101 Definitions.
top
In this part:
(a) State means a State or territory or possession of the United States.
(b) 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.
(c) 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;
(d) 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—
(1) An individual who exercises no functions in connection with that activity.
(2) An individual employed by an educational or research institution, establishment, agency, or system, which is supported in whole or in part by a State or political subdivision thereof, or by a recognized religious, philanthropic, or cultural organization.
(e) Political party means a National political party, a State political party, and an affiliated organization.
(f) Election includes a primary, special, and general election.
(g) Nonpartisan election means an election at which none of the candidates is to be nominated or elected as representing a political party any of whose candidates for Presidential elector receives votes in the last preceding election at which Presidential electors were selected.
(h) Partisan when used as an adjective refers to a political party.
(i) Elective office means any office which is voted upon at an election as defined at §151.101(f), above, but does not include political party office.
[40 FR 42733, Sept. 16, 1975]
Permissible Activities
top§ 151.111 Permissible activities.
top(a) All State or local officers or employees are free to engage in political activity to the widest extent consistent with the restrictions imposed by law and this part. A State or local officer or employee may participate in all political activity not specifically restricted by law and this part, including candidacy for office in a nonpartisan election and candidacy for political party office.
[40 FR 42733, Sept. 16, 1975]
Prohibited Activities
top§ 151.121 Use of official authority; coercion; candidacy; prohibitions.
topA State or local officer or employee may not—
(a) Use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; or
(b) 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 political party, committee, organization, agency, or person for a political purpose.
(c) Be a candidate for elective public office in a partisan election.
[40 FR 42733, Sept. 16, 1975]
§ 151.122 Candidacy; exceptions.
topSection 151.121(c) does not apply to—
(a) The Governor or Lieutenant Governor of a State or an individual authorized by law to act as Governor;
(b) The Mayor of a city;
(c) 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;
(d) An individual holding elective office;
(e) Activity in connection with a nonpartisan election; or
(f) Candidacy for a position of officer of a political party, delegate to a political party convention, member of a National, State, or local committee of a political party, or any similar position.
[40 FR 42733, Sept. 16, 1975, as amended at 40 FR 47101, Oct. 8, 1975]
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