Section 1502(a)(3) of this title does not prohibit any State or local officer or employee from being a candidate in any election if none of the candidates is to be nominated or elected at such election as representing a party any of whose candidates for Presidential elector received votes in the last preceding election at which Presidential electors were selected. ( Pub. L. 89–554 , Sept. 6, 1966 , 80 Stat. 404 ; Pub. L. 93–443, title IV, § 401(b)(1) , Oct. 15, 1974 , 88 Stat. 1290 .) Historical and Revision Notes Derivation U.S. Code Revised Statutes and Statutes at Large 5 U.S.C. 118n (as applicable to 5 U.S.C. 118k(a) ). July 19, 1940, ch. 640, § 4 “Sec. 18 (as applicable to § 12 of the Act of Aug. 2, 1939 ; added July 19, 1940, ch. 640, § 4 , 54 Stat. 767 )”, 54 Stat. 772 . 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 1974— Pub. L. 93–443 substituted “candidacies” for “political activity” in section catchline and provision permitting nonpartisan candidacies for prior provision permitting political activity in connection with (1) an election and the preceding campaign if none of the candidates was to be nominated or elected at that election as representing a party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected, or (2) a question which was not specifically identified with a National or State political party and deeming questions relating to constitutional amendments, referendums, approval of municipal ordinances, and others of a similar character as not specifically identified with a National or State political party. Statutory Notes and Related Subsidiaries Effective Date of 1974 Amendment Amendment by Pub. L. 93–443 effective Jan. 1, 1975 , see section 410(a) of Pub. L. 93–443 , set out as a note under section 30101 of Title 52 , Voting and Elections. CFR Title Parts 5 151