Political Campaign Contributions and Congress: A Legal Primer. Congressional Research Service. L. Paige Whitaker. September 8, 2020
To help curb corruption in the political process and safeguard First Amendment rights to freedom of speech and association, Congress has enacted laws that regulate political campaign contributions. These laws include political patronage and campaign finance laws.
Federal political patronage laws serve to protectfederal employees—including congressional staff—from being required to make campaign contributions as a condition of employment. These criminal laws include a prohibition on Members of Congress, congressional candidates, and congressional staff from knowingly soliciting federal office campaign contributions from another such officer, employee, or person receiving compensation for services from money derived from the U.S. Treasury. Similarly, federal law prohibits congressional staff from making contributionsto a Member of Congress who is the staffer’s employer.Members of Congress and congressional staff are also prohibited from discharging, demoting, or promoting, or threatening to do so, another congressional employee for making or failing to make a campaign contribution to candidates for federal, state, and local office. Relating to federal workspace, federal law prohibits any person from soliciting or receiving a donation of money or other thing of value in connection with a federal, state, or local election from anyone located in federal workspace. In support of the policy underlying such laws, the Supreme Court has determined that, with the exception of policymaking and confidential government positions, personnel decisions made solely on the basis of political party association violate employee First Amendment rights to freedom of speech and association.
[PDF format, 34 pages].