US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 1502

Influencing elections; taking part in political campaigns; prohibitions; exceptions

(a)
A State or local officer or employee may not—
(1)
use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office;
(2)
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 party, committee, organization, agency, or person for political purposes; or
(3)
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, be a candidate for elective office.
(b)
A State or local officer or employee retains the right to vote as he chooses and to express his opinions on political subjects and candidates.
(c)
Subsection (a)(3) of this section does not apply to—
(1)
the Governor or Lieutenant Governor of a State or an individual authorized by law to act as Governor;
(2)
the mayor of a city;
(3)
a duly elected head of an executive department of a State, municipality, or the District of Columbia who is not classified under a State, municipal, or the District of Columbia merit or civil-service system; or
(4)
an individual holding elective office.

Pub. L. 89–55480 Stat. 404Pub. L. 93–443, title IV, § 401(a)88 Stat. 1290Pub. L. 112–230126 Stat. 1616(, , ; , , ; , §§ 2, 3(c), , .)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 118k(a) (less 1st 41 words).

July 19, 1940, ch. 640, § 4 “Sec. 12(a) (less 1st 41 words)”, 54 Stat. 767.

In subsection (a), the term “State or local officer or employee”, defined in section 1501, is substituted for the first 41 words of former section 118k(a). The words “any part of his salary or compensation” are omitted as included in “anything of value”.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

Pub. L. 112–230, § 22012—Subsec. (a)(3). , amended par. (3) generally. Prior to amendment, par. (3) read as follows: “be a candidate for elective office.”

Pub. L. 112–230, § 3(c)Subsec. (c)(3). , which directed the substitution of “, municipality, or the District of Columbia’ ” for “ ‘or municipality” and “, municipal, or the District of Columbia’ ” for “ ‘or municipal”, was executed by substituting “, municipality, or the District of Columbia” for “or municipality” and “, municipal, or the District of Columbia” for “or municipal”, to reflect the probable intent of Congress.

Pub. L. 93–4431974—Subsec. (a)(3). substituted “be a candidate for elective office” for “take an active part in political management or in political campaigns”.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–230section 5(a) of Pub. L. 112–230section 1501 of this titleAmendment by effective 30 days after , see , set out as a note under .

Effective Date of 1974 Amendment

Pub. L. 93–443section 410(a) of Pub. L. 93–443section 30101 of Title 52Amendment by effective , see , set out as a note under , Voting and Elections.