Unfair Advantage:
The Abuse of State Resources in Elections
provisions on the application of this prohibition to various types of government resources, are the
implementing measures of the appropriations statute within Congress.113
The prohibition against using official resources for campaign or political purposes extends to the
following: funds supporting congressional administrative offices and congressional committees; funds
allotted to each Member for the operation of their personal congressional office;114 and goods and
services, including staff time and equipment, purchased or leased with official funds.115 There are also
specific regulations prohibiting congressional funds from being used for campaign or political travel.116
Senators and their legislative staff are prohibited from receiving reimbursement or payment for official
travel (other than actual transportation costs) occurring within 60 days of the senator’s election.117
iii. Restrictions on Official Government Communications to the Public
In order to conserve tax dollars for governance functions,118 maintain the credibility of government
communications,119 and prevent an incumbent from abusing the government’s communication resources
to gain an electoral advantage,120 it is important for the legal and regulatory framework to provide
guidance on allowable and unallowable uses of official government communications during the electoral
period.121
Inequitable access to government channels of communication for electoral campaigning can tilt the
playing field heavily in the direction of the incumbent party. For example, Uganda’s ruling National
See House Ethics Manual, supra note 62, at 121-84, 323-33; see also Senate Ethics Manual, supra note 62, at
139-58; General Prohibition Against using Official Resources for Campaign or Political Purposes, Committee Ethics,
[hereinafter General Prohibition Against using Official Resources] http://ethics.house.gov/general-prohibitionagainst-using-official-resources-campaign-or-political-purposes (last visited Jul. 1, 2016).
114
See House Ethics Manual, supra note 62, at 123-25; see also Members’ Congressional Handbook, supra note 96,
at 1-2; Senate Manual, supra note 96, at §§ 106-107.
115
See House Ethics Manual, supra note 62, at 123; see also Senate Manual, supra note 96, at §§ 993-994.
116
See House Ethics Manual, supra note 62, at 116, 131; see also Members’ Congressional Handbook, supra note
96, at 29; Committees’ Congressional Handbook, supra note 103.
117
See Senate Manual, supra note 96, at § 994(e).
118
See, e.g., Ex parte Curtis, 106 U.S. 371, 373, 1 S. Ct. 381, 384, 27 L. Ed. 232 (1882) (stating that federal
restrictions on the abuse of state resources were intended to “promote efficiency and integrity in the discharge
of official duties”); Eleanor Smith & Leslie B. Kiernan, The Civil Hatch Act and Post-Government Employment
Restrictions, Political Activity, Lobbying Laws & Gift Rules Guide, 3d § 19:6 (describing “efficiency” as a purpose for
federal restrictions on using government resources for electoral purposes).
119
See, e.g., 39 U.S.C. § 3210(a)(5)(A) (providing that official federal legislative communications 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”); Or. Rev. Stat. § 244.010 (“[t]he Legislative Assembly declares that service
as a public official is a public trust and that, as one safeguard for that trust, the people require all public officials to
comply with the applicable provisions of this chapter”).
120
See, e.g., U. S. Civil Service Comm’n v. Nat’l Ass’n of Letter Carriers, AFL-CIO, 413 U.S. at 564-67 (1973) (stating
that a purpose of federal restrictions on electoral use of government resources was to prevent the conversion of
public service into “a powerful, invincible, and perhaps corrupt political machine”); Common Cause v. Bolger, 574 F.
Supp. 672, 683 (D.D.C. 1982), aff’d, 461 U.S. 911 (1983) (finding that federal restrictions reflect “the basic principle
that government funds should not be spent to help incumbents gain reelection”).
121
This paper does not address restrictions placed on publicly-owned media, given the differences between funding
sources and the types of content broadcasted by public television and radio outlets. Public media may have a much
greater impact on the electoral process in many countries around the world where there are limited sources of
information and, therefore, may require that they are governed by a more extensive regulatory framework than
privately held media outlets. The topic will be explored further in IFES’ larger research project on this subject.
113
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