5 C.F.R. § 151.101

Definitions

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In this part:

(a) State means a State or territory or possession of the United States.

(b) State or local agency means:

(1) The executive branch of a State, municipality, or other political subdivision of a State, or an agency or department thereof; or

(2) The executive branch of the District of Columbia, or an agency or department thereof.

(c) Federal agency means an executive agency or other agency of the United States, but does not include a member bank of the Federal Reserve System;

(d) State or local officer or employee means an individual employed by a State or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency but does not include—

(1) An individual who exercises no functions in connection with that activity.

(2) An individual employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by—

(i) A State or political subdivision thereof;

(ii) The District of Columbia; or

(iii) A recognized religious, philanthropic, or cultural organization.

(e) Political party means a National political party, a State political party, and an affiliated organization.

(f) Election includes a primary, special, and general election.

(g) Nonpartisan election means an election at which none of the candidates is to be nominated or elected as representing a political party any of whose candidates for Presidential elector receives votes in the last preceding election at which Presidential electors were selected.

(h) Partisan when used as an adjective refers to a political party.

(i) Elective office means any office which is voted upon at an election as defined at § 151.101(f), above, but does not include political party office.

[40 FR 42733, Sept. 16, 1975, as amended at 79 FR 25484, May 5, 2014]

Notes of Decisions

Cited in 6 cases, 1984–2013 · leading case: Robert D. Alexander v. Merit Sys. Prot. Bd., 165 F.3d 474 (6th Cir. 1999).

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Robert D. Alexander v. Merit Sys. Prot. Bd., 165 F.3d 474 (6th Cir. 1999). “§ 1502 (a)(3); 5 C.F.R. § 151.101 (f) (1998). Once it is shown that a state employee violated the Act, the only alternatives are removal or no penalty.”

Mrs. Marjorie Brandon, Individually & on Behalf of All Persons Similarly Situated v. Sw. Mississippi Senior Servs., Inc., 834 F.2d 536 (5th Cir. 1987). · cites it 2× “See 5 C.F.R. § 151.101 (h) (“ ‘Partisan’ when used as an adjective refers to a political party.”

Bauers v. Cornett, 865 F.2d 1517 (8th Cir. 1989). “5 C.F.R. § 151.101 ( 40 FR 42733 , Sept. 16, 1975).”

Bauers v. Cornett, 659 F. Supp. 776 (E.D. Mo. 1987). “§ 1501 (4) and 5 C.F.R. § 151.101 (d), and solicitation of money to reimburse a paid lobbyist — especially since the Committee contemplated that he would use some of the funds for political contributions— represents political activity for purposes of the Act.”

City of Buffalo, New York v. United States Dep't of Labor, & Patrick J. Crowley, Intervenor, 729 F.2d 64 (2d Cir. 1984). “5 C.F.R. § 151.101 . Since Crowley clearly did not attempt to participate in a general election — an election held at a pre-determined time usually for the purpose of filling a number of positions — or in a primary — an election held to choose party nominees for a general or…”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2013). “" 5 C.F.R. § 151.101 (f), (i) (2013). The Honorable Ryan Guillen - Page 3 (GA-1026) attorney may serve as a professor at a state university).”

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