or defeat of any legislation by the Congress of the United States shall, before doing anything in furtherance of such object, register with the Clerk of the House of Representatives and the Secretary of the Senate and shall give to those officers in writing and under oath, his name and business address, the name and address of the person by whom he is employed, and in whose interest he appears or works, the duration of such employment, how much he is paid and is to receive, by whom he is paid or is to be paid, how much he is to be paid for expenses, and what expenses are to be included. Each such person so registering shall, between the first and tenth day of each calendar quarter, so long as his activity continues, file with the Clerk and Secretary a detailed report under oath of all money received and expended by him during the preceding calendar quarter in carrying on his work; to whom paid; for what purposes; and the names of any papers, periodicals, magazines, or other publications in which he has caused to be published any articles or editorials; and the proposed legislation he is employed to support or oppose. The provisions of this section shall not apply to any person who merely appears before a committee of the Congress of the United States in support of or opposition to legislation; nor to any public official acting in his official capacity; nor in the case of any newspaper or other regularly published periodical (including any individual who owns, publishes, or is employed by any such newspaper or periodical) which in the ordinary course of business publishes news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge the passage or defeat of legislation, if such newspaper, periodical, or individual, engages in no further or other activities in connection with the passage or defeat of such legislation, other than to appear before a committee of the Congress of the United States in support of or in opposition to such legislation.

(b) All information required to be filed under the provisions of this section with the Clerk of the House of Representatives and the Secretary of the Senate shall be compiled by said Clerk and Secretary, acting jointly, as soon as practicable after the close of the calendar quarter with respect to which such information is filed and shall be printed in the Congressional Record. (Aug. 2, 1946, ch. 753, title III, § 308, 60 Stat. 841.)

§ 268. Reports and statements under oath.

All reports and statements required under this chapter shall be made under oath, before an officer authorized by law to administer oaths. (Aug. 2, 1946, ch. 753, title III, § 309, 60 Stat. 842.)

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[381] § 269. Penalties and prohibitions.

(a) Any person who violates any of the provisions of this chapter, shall, upon conviction, be guilty of a misdemeanor, and shall be punished by a fine of not more than $5,000 or imprisonment for not more than twelve months, or by both such fine and imprisonment. (b) In addition to the penalties provided for in subsection (a) of this section, any person convicted of the misdemeanor specified therein is prohibited, for a period of three years from the date of such conviction, from attempting to influence, directly or indirectly, the passage or defeat of any proposed legislation or from appearing before a committee of the Congress in support of or opposition to proposed legislation; and any person who violates any provision of this subsection shall, upon conviction thereof, be guilty of a felony, and shall be punished by a fine of not more than $10,000, or imprisonment for not more than five years, or by both such fine and imprisonment. (Aug. 2, 1946, ch. 753, title III, § 310, 60 Stat. 842.)

[382] § 270. Exemptions from chapter.

The provisions of this chapter shall not apply to practices or activities regulated by chapter 8 of this title nor be construed as repealing any portion of chapter 8 of this title. (Aug. 2, 1946, ch. 753, title III, § 311, 60 Stat. 842.)

Chapter 9.-OFFICE OF LEGISLATIVE COUNSEL

[390] § 271. Creation of office.

There shall be an office to be known as the office of the legislative counsel, and to be under the direction of two legislative counsels. (Feb. 24, 1919, ch. 18, § 1303 (a), (d), 40 Stat. 1141; June 2, 1924, ch. 234, § 1101, 43 Stat. 353.)

[391] § 272. Appointment of legislative counsel; qualifications.

One of the legislative counsel shall be appointed by the President pro tempore of the Senate, and one by the Speaker of the House of Representatives, without reference to political affiliations and solely on the ground of fitness to perform the duties of the office. (Feb. 24, 1919, ch. 18, § 1303 (a), (d), 40 Stat. 1141; June 2, 1924, ch. 234, § 1101, 43 Stat. 353; Sept. 20, 1941, ch. 412, title VI, § 602, 55 Stat. 726.)

[392] § 273. Compensation of legislative counsel.

NOTE

Compensation of Legislative Counsel of the Senate fixed at rate of $27,500 per annum by section 203 (g) of Act of August 14, 1964, Pub. L. 88-426, 78 Stat. 415.

§ 274. Assistant legislative counsel; clerks and employees; office [393] equipment and supplies.

The legislative counsel shall, subject to the approval of the President pro tempore of the Senate and the Speaker of the House of Representatives, employ and fix the compensation of such assistant counsel, clerks, and other employees, and purchase such furniture, office equipment, books, stationery, and other supplies, as may be necessary for the proper performance of the duties of the office and as may be appropriated for by Congress. (Feb. 24, 1919, ch. 18, § 1303 (a), (d), 40 Stat. 1141; June 2, 1924, ch. 234, § 1101, 43 Stat. 353; Sept. 20, 1941, ch. 412, title VI, § 602, 55 Stat. 726.)

SENIOR COUNSEL

Not to exceed four employees in the Office of the Legislative Counsel authorized to be designated as Senior Counsel and to be paid gross compensation at rate of $24,024 per annum. (July 1, 1957, Pub. L. 85-75, § 101, 71 Stat. 251; June 20, 1958, Pub. L. 85-462, § 4(c), 72 Stat. 203; July 1, 1960, Pub. L. 86-568, § 117(c), 74 Stat. 304; Oct. 11, 1962, Pub. L. 87-793, § 1005(c), 76 Stat. 867; Dec. 30, 1963, Pub. L. 88-248, 77 Stat. 804; Aug. 14, 1964, Pub. L. 88-426, 78 Stat. 414.)

§ 275. Duties of office; rules and regulations.

The office of the legislative counsel shall aid in drafting public bills and resolutions or amendments thereto on the request of any committee of either House of Congress, but the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, respectively, may determine the preference, if any, to be given to such requests of the committees of either House, respectively. The legislative counsel shall, from time to time, prescribe rules and regulations for the conduct of the work of the office for the committees of each House, subject to the approval of such committee of each House, respectively. (Feb. 24, 1919, ch. 18, § 1303 (b), (d), 40 Stat. 1141; June 2, 1924, ch. 234, § 1101, 43 Stat. 353; Aug. 2, 1946, ch. 753, §§ 102, 121, 60 Stat. 814, 822.)

§ 276. Disbursement of appropriations.

One-half of all appropriations for the office of the legislative counsel shall be disbursed by the Secretary of the Senate and onehalf by the Clerk of the House of Representatives.

(Feb. 24,

1919, ch. 18, § 1303 (c), (d), 40 Stat. 1141; June 2, 1924, ch. 234, § 1101, 43 Stat. 353.)

§ 277. Official mail matter.

The legislative counsel shall have the same privilege of free transmission of official mail matter as other officers of the United States Government. (June 2, 1924, ch. 234, § 1101, 43 Stat. 353.)

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TITLE 3.-THE PRESIDENT

Chapter 1.-PRESIDENTIAL ELECTIONS AND VACANCIES

[400] § 1. Time of appointing electors.

The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President. (June 25, 1948, ch. 644, § 1, 62 Stat. 672.) [401] § 2. Failure to make choice on prescribed day.

Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct. (June 25, 1948, ch. 644, § 1, 62 Stat. 672.)

[402] § 3. Number of electors.

The number of electors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice President to be chosen come into office; except, that where no apportionment of Representatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives. (June 25, 1948, ch. 644, § 1, 62 Stat. 672.)

[403] §4. Vacancies in electoral college.

Each State may, by law, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote. (June 25, 1948, ch. 644, § 1, 62 Stat. 673.) [404] 5. Determination of controversy as to appointment of electors.

If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution,

and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned. (June 25, 1948, ch. 644, § 1, 62 Stat. 673.)

§ 6. Credentials of electors; transmission to Administrator of General [405] Services and to Congress; public inspection.

It shall be the duty of the executive of each State, as soon as practicable after the conclusion of the appointment of the electors in such State by the final ascertainment, under and in pursuance of the laws of such State providing for such ascertainment, to communicate by registered mail under the seal of the State to the Administrator of General Services a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; and it shall also thereupon be the duty of the executive of each State to deliver to the electors of such State, on or before the day on which they are required by section 7 of this title to meet, six duplicate-originals of the same certificate under the seal of the State; and if there shall have been any final determination in a State in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors of such State, it shall be the duty of the executive of such State, as soon as practicable after such determination, to communicate under the seal of the State to the Administrator of General Services a certificate of such determination in form and manner as the same shall have been made; and the certificate or certificates so received by the Administrator of General Services shall be preserved by him for one year and shall be a part of the public records of his office and shall be open to public inspection; and the Administrator of General Services at the first meeting of Congress thereafter shall transmit to the two Houses of Congress copies in full of each and every such certificate so received at the General Services Administration. (Oct. 31, 1951, ch. 655, § 6, 65 Stat. 711.) § 7. Meeting and vote of electors.

The electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment at such place in each State as the legislature of such State shall direct. (June 25, 1948, ch. 644, § 1, 62 Stat. 673.)

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