The Bipartisan Campaign Reform Act of 2002 clarified an
ambiguity concerning the reach of this statute to solicitations and
receipts of political donations that were not intended to influence
federal elections, i.e., donations to benefit non-federal candidates and
the non-federal activities of political parties and other organizations.
Under the revised text, Section 607 reaches the solicitation and receipt
of all political funds within areas where federal personnel are engaged
in official duties.
Section 607 covers all three branches of the federal
government. However, it specifically exempts any contribution for a
Member of Congress received by the Member’s congressional staff in
his or her federal office, provided that there had been no request for the
contribution to be delivered to the office, and provided further that
the contribution is quickly forwarded to the Member’s campaign
committee.
Violations of Section 607 require proof that the defendant was
actively aware of the federal character of the place where the
solicitation took place or was directed. The employment status of the
parties to the solicitation is immaterial; it is the employment status of
the persons who routinely occupy the area where the solicitation
occurs that determines whether Section 607 applies.
Prosecutable violations of Section 607 may arise from
solicitations that can be characterized as “shakedowns” of federal
personnel. Thus, Section 607 reaches solicitations by non-federal
employees, filling a void not covered by Section 602, and also
reaches shakedowns of congressional employees, who are not covered by
the anti-intimidation prohibition contained in Section 610, that was
enacted as part of the 1993 Hatch Act reforms.
When federal premises are leased or rented to candidates in
accordance with General Services Administration regulations, the
premises are not considered “federal” for the purposes of this statute.
The same holds true for United States Postal Service post office
boxes. Thus, under appropriate circumstances, political events may be
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