International Foundation for Electoral Systems In the legislative branch, it is a violation of federal criminal law to misuse the franking privilege for personal purposes.134 Congressional rules mandate that franked mailings and emails may not be biographical or political in nature, and may not be used to “solicit[] political support for the sender or any other person or any political party, or a vote or financial assistance for any candidate for any public office.”135 According to regulations issued by the House and Senate, franked communications must avoid using political party labels, must not refer to past or future election campaigns, must not use political logos, slogans, pledges, or promises, and may not even not contain “partisan, politicized or personalized” comments critical of legislation or policy.136 The Rules of the United States House of Representatives and House ethics regulations prohibit the use of broadcast coverage or recordings of floor proceedings for any political campaign purposes.137 Additionally, the law governs websites and social media accounts during the campaign period – an official congressional website may not contain a link to the campaign website of any Member of Congress or of any other political organization and, conversely, a Member’s campaign website may not contain a link to an official congressional website.138 Congressional ethics standards tightly manage the circumstances under which a communication may feature an official congressional seal or certain terms139 by expressly forbidding the use of these official markers in any election communication, campaign solicitation, or personal correspondence.140 U.S. House of Representatives rules also govern the non-governmental use of official press releases and photographs.141 IV. Oversight Institutions An independent, empowered oversight institution that is responsible for auditing and monitoring the use of state resources is essential in the development of a strong system to prevent or address potential abuse. Clarity is needed in the legal and regulatory framework as to an oversight institution’s mandate, and how compliance with the rule will be monitored. Additionally, oversight bodies should have “sufficient resources, independence, and political will to investigate potential violations and to initiate a remedy.”142 In cases where more than one agency responsible for identification of violations, investigations and imposing of remedies, some experts have posited that “there should be a clear delineation of responsibilities that is communicated publicly as well as streamlined communication 18 U.S.C.A. § 1719 (1994). 39 U.S.C. § 3210(a)(5)(A), (C). 136 See U.S. House of Reps. Comm’n on Cong. Mailing Standards, Regulations on the Use of the Congressional Frank §(4)(a), as amended (1998); see also Senate Franking Regulations, supra note 128, at 10-11. 137 See U.S. House of Reps., 114th Cong., Rules of the House of Representatives Rule V, cl. 2(c)(1) (2015) (prohibiting use “for any partisan political campaign purpose”); see also House Ethics Manual, supra note 62, at 122. 138 See Senate Select Comm. on Ethics, Campaign Guidance: Frequent Campaign Issues 2, available at http://www. ethics.senate.gov/public/index.cfm/files/serve?File_id=4c858006-4560-4a1b-9ed5-8a8d4434221f (last visited Jul. 1, 2016); see also House Ethics Manual, supra note 62, at 131. 139 Includes the terms “official business,” “U.S. Senate,” “U.S. House of Representatives,” and their derivatives. 140 See House Ethics Manual, supra note 62, at 179-81; see also Senate Ethics Manual, supra note 62, at 171-72; U.S. Senate Ethics Comm., Official Letterhead and Postage 1, available at http://www.ethics.senate.gov/public/ index.cfm/files/serve?File_id=dc90e163-c591-4571-9b16-5bc2b75f45a0 (last visited Jul. 1, 2016); 18 U.S.C. § 713 (prohibiting the use of governmental seals “for the purpose of conveying … a false impression of sponsorship or approval by the Government of the United States”). 141 See House Campaign Activity Guidance, supra note 86, at 15-16. 142 Magnus Ohman & Megan Ritchie, Campaign Finance Remedies, in International Election Remedies (ABA, forthcoming 2016). 134 135 18