Reading Room Document

Application of 18 U.S.C. § 603 to Federal Employee Contributions to the President’s Authorized Re-election Campaign Committee

This opinion evaluates whether political contribution made by executive branch officers to a president's reelection campaign committee is consistent with 18 U.S.C. § 603 , which makes it a felony for any federal employee to make a political contribution to any federal officer who is his employer. The opinion concludes that § 603 is vulnerable to challenges on the grounds of vagueness and First Amendment; however, the opinion concludes that the Justice Department should defend the constitutionality of the statute in light of the potential for constitutional interpretations of the statute. It does not advise particular officials, and instead suggests that they seek declaratory or injunctive relief from a court to determine the scope of § 603. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://justice.gov/olc/page/file/936116/download.

February 6, 1984