Laws, Rules and Standards Governing Campaign Activity

With an election year approaching, it is important that Members and staff ensure that they are fully aware of the House rules and the related laws and standards that apply to them when they engage in campaign activity.

To that end, along with this memorandum, we are circulating copies of the Campaign Activity booklet published by the Standards Committee, which provides a detailed summary of those laws, rules and standards.[1] This memorandum has two purposes: (1) to highlight the basic rules that govern campaign activity by congressional staff, and (2) to note several recent developments that are not reflected in the Committee’s Campaign Activity booklet.

Campaign Activity by Congressional Staff. While a full explanation of the provisions that apply to campaign activity by congressional staff is provided on pp. 20-29 of the Campaign Activity booklet, there are two fundamental rules –

1. Any campaign work done by staff members must be done outside the congressional office, on their own time, and without using any congressional office resources, and

2. No staff member may be in any way compelled or required to do any campaign work.

Please note that these rules apply to any campaign or political work by congressional staff, whether for a Member’s re-election campaign or for some other campaign or political undertaking. Certain activities, such as soliciting contributions or working with campaign consultants, clearly constitute political activity and are subject to these rules. As to certain other tasks – such as drafting a speech, or attending an event – a question may arise on whether the activity constitutes political work, or instead constitutes the performance of official duties. Whenever such a question arises, the Member or staff person involved should consult with the Committee’s Office of Advice and Education.

As to what is a staff member’s “own time,” this is determined by the personnel policy of his or her employing office, and it is time in which the staff member is entirely free to engage in personal or other outside activities as he or she sees fit. Depending on the office policy, an employee’s own time may include, for example, a lunch period, time after the end of the business day, weekends, or annual leave.[2] Particularly where an employee will be devoting a significant amount of time to campaign work, or will be doing campaign work during the regular business day, the Committee strongly recommends that the employee maintain time records. Of course, employees may also switch to part-time status (with an appropriate reduction in House pay) or go on Leave without Pay status for the purpose of doing campaign work.

As a general matter, when engaging in campaign activity, neither Members nor staff may make use of any congressional resources, including congressional office equipment, supplies, or files (including names or addresses contained in the files or official mailing lists).

The prohibition against coercing or requiring staff member to do campaign work is broad. It forbids Members and senior staff from not only threatening or attempting to intimidate employees regarding doing campaign work, but also from directing or otherwise pressuring them to do such work.

Recent Developments in the Laws and Rules on Campaign Activity. The Committee’s Campaign Activity booklet was published before the Bipartisan Campaign Reform Act took effect in November 2002, and so the booklet does not reflect the provisions of that Act. Any questions on the provisions of that Act – including those which impose limitations on the ability of Members to engage in certain fundraising, amend the law on proper use of campaign funds, and broaden the requirement for campaign-funded communications to carry a campaign disclaimer – should be directed to the Federal Election Commission.

In addition, the booklet does not reflect an exception that the Standards Committee has established to the broad prohibition against use of campaign funds to pay any congressional expenses. That exception allows Members to use funds of their principal campaign committee to pay food and beverage expenses at events sponsored by their Member office (such as a town hall meeting), as well as at other official House events in which they or their staff are participating. This exception is explained fully in a Committee advisory memorandum of May 8, 2002 . The general prohibitions against using campaign funds to pay congressional expenses, and using campaign-funded resources to perform official House business, are explained on pp. 61-65 of the Campaign Activity booklet.

Any questions on the laws, rules and standards governing campaign activity should be directed to the Committee’s Office of Advice and Education at (202) 225-7103.

[1] The text of the booklet, as well as other Committee publications, is also available on the Committee’s Web site, www.house.gov/ethics.

[2] On the other hand, it is permissible for a Member to require that an employee work on evenings or weekends, provided that the work constitutes the performance of official duties – as opposed to political or other non-official work – and other applicable provisions of law are complied with.