Election Year Restrictions on Mass Mailings by Members of Congress: How H.R. 2056 Would Change Current Law

Matthew Eric Glassman
Analyst on the Congress

Current law prohibits the franking of mass mailings by Senators fewer than 60 days, and by House Members fewer than 90 days, prior to any primary or general election in which the Member is a candidate. H.R. 2056 would amend Title 39, United States Code, by altering the prohibition for both Senators and House Members to the period starting 90 days prior to any primary and ending on the day of the general election, unless the Member has made a public announcement that the Member will not be a candidate for reelection to any federal office. 

The legislation would also prohibit the franking of mass mailings for the same period by any congressional committee or subcommittee of which the chair or ranking member is a candidate for reelection to any federal office. 

These changes would increase the mass-mailing-prohibited period for all Senators and some House Members. Table 1 and Table 2 of this report detail the hypothetical effects H.R. 2056 would have caused had it been enacted prior to the 2010 election season and the 2008 election season. For example, had the legislation been enacted prior to the 2010 election season, affected Members would have seen increased prohibited periods ranging from one day to 244 days, depending on the primary date in the Member's home state. 

This report provides an overview of the proposed changes and an analysis of the effect of the legislation on the mass-mailing-prohibited period for each state's Members, and other issues related to the proposed changes. 

H.R. 2056 has been referred to the Committees on House Administration, Energy and Commerce, Ways and Means, and Oversight and Government Reform. No further action has been taken.


Date of Report: August 20, 2010
Number of Pages: 15
Order Number: R40569
Price: $29.95

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