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Title 5 Part 151

Title 5 → Chapter I → Subchapter B → Part 151

Electronic Code of Federal Regulations e-CFR

Title 5 Part 151

e-CFR data is current as of September 18, 2019

Title 5Chapter ISubchapter B → Part 151


Title 5: Administrative Personnel


PART 151—POLITICAL ACTIVITY OF STATE OR LOCAL OFFICERS OR EMPLOYEES


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, Reorganization Plan No. 2 of 1978, section 102, 92 Stat. 3783, 3 CFR 1978 Comp. p. 323; and E.O. 12107, section 1-102, 3 CFR 1978 Comp. p. 264.

Source: 35 FR 16783, Oct. 30, 1970, unless otherwise noted.

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General Provisions

§151.101   Definitions.

In this part:

(a) State means a State or territory or possession of the United States.

(b) State or local agency means:

(1) The executive branch of a State, municipality, or other political subdivision of a State, or an agency or department thereof; or

(2) The executive branch of the District of Columbia, 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—

(i) A State or political subdivision thereof;

(ii) The District of Columbia; or

(iii) 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, as amended at 79 FR 25484, May 5, 2014]

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Permissible Activities

§151.111   Permissible activities.

(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]

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Prohibited Activities

§151.121   Use of official authority; coercion; candidacy; prohibitions.

A 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 office if the salary of the employee is paid completely, directly or indirectly, by loans or grants made by the United States or a Federal agency.

[40 FR 42733, Sept. 16, 1975, as amended at 79 FR 25484, May 5, 2014]

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§151.122   Candidacy; exceptions.

Section 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, municipality, or the District of Columbia, who is not classified under a merit or civil service system of a State, municipality, or the District of Columbia;

(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; 79 FR 25484, May 5, 2014]

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