Unfair Advantage:
The Abuse of State Resources in Elections
Mission in Nigeria similarly witnessed the use of state vehicles and office space for “campaign activities”
in nine Nigerian states.95
U.S. federal law and congressional rules strictly prohibit the use of government resources, including
congressional facilities, travel, goods, and services paid for with government funds, for campaigns or
political purposes.96 These restrictions prohibit the use of official resources for any partisan election
activity, not just activity benefiting the violator’s or his/her employer’s campaign.97 For example, all
federal executive branch officials and employees are prohibited from engaging in election activity while
in a government building used for official duties, or while using federal government owned or leased
vehicle.98 Additionally, the law prevents anyone from soliciting or receiving campaign contributions in a
room or building occupied in the discharge of official duties.99
Rules and guidance issued by the United States House of Representative and United States Senate also
prohibit the misuse of official funds for campaign or political purposes, and contain detailed provisions
on the application of this prohibition to various types of government resources.100 For example, House
and Senate Ethics manuals clearly state that Congressional facilities may not be used to hold campaign
or political meetings, solicit or make campaign contributions, place campaign phone calls, issue
campaign speeches, statements or press releases, or to conduct campaign-related media appearances
or photo shoots.101 Congressional equipment and supplies also may not be used for campaign or
political purposes. This ban also extends to official files, photos, videos, mailing lists, as well as writing
and research produced by congressional staff.102 Official computers, stationary, telephones, computers,
copiers, fax machines, websites, and email accounts also may not be used for campaign or political
purposes.103 Vehicles paid for with official funds – through lease or mileage reimbursement—may not be
used for campaign or political purposes unless such costs are reimbursed to the congressional office.104
See EU EOM Nigeria Final Report, supra note 54, at 20.
See 5 U.S.C.A. § 7324; see also House Ethics Manual, supra note 62, at 121-84, 323-33; U.S. House of Reps.
Comm. on House Admin., 114th Cong., Members’ Congressional Handbook (2015) [hereinafter Members’
Congressional Handbook], available at http://cha.house.gov/sites/republicans.cha.house.gov/files/documents/
Members%20Handbook%20114th_Adopted102715.pdf; Senate Ethics Manual, supra note 62, at 139-58; Campaign
Activity, U.S. Senate Select Committee Ethics,http://www.ethics.senate.gov/public/index.cfm?p=campaign-activity/
(last visited Jul. 1, 2016); U.S. Senate Comm. on Rules and Admin., Senate Manual (2014) [hereinafter Senate
Manual].
97
See House Ethics Manual, supra note 62, at 124-25; see also Senate Ethics Manual, supra note 62, at 139-58.
98
5 U.S.C. § 7324(a)(3)-(4); see also Off. Of Special Counsel Adv. Op. 2007-01-29 (stating that the prohibition on
driving personal vehicle while engaged in election activity must cover a bumper sticker if it is being used for official
purposes).
99
18 U.S.C. § 607 (2002) (prohibiting the receipt of campaign contributions in a room or building occupied in the
discharge of official duties, with limited exceptions for misdirected contributions).
100
See House Ethics Manual, supra note 62, at 121-84, 323-33; see also Senate Ethics Manual, supra note 62, at
139-58.
101
See House Ethics Manual, supra note 62, at 149; see also Senate Ethics Manual, supra note 62, at 139-58.
102
See House Ethics Manual, supra note 62, at 128; Members’ Congressional Handbook, supra note 96, at 12-22;
Senate Ethics Manual, supra note 62, at 153-54.
103
See House Ethics Manual, supra note 62, at 128-31; Members’ Congressional Handbook, supra note 96, at
12-22; U.S. House of Reps. Comm. on House Admin., 114th Cong., Committees’ Congressional Handbook (2016)
[hereinafter Committees’ Congressional Handbook], available at http://cha.house.gov/handbooks/committeehandbook; Senate Rules, supra note 71, at § 40.5; Senate Ethics Manual, supra note 62, at 140, 146.
104
See Members’ Congressional Handbook, supra note 96, at 31; see also Senate Manual, supra note 96, at § 1160.
95
96
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