
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     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.
------------------------------------------------------------------------

    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.
