18 U.S.C. § 608 — Absent uniformed services voters and over-

Page 149 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 608 This section consolidates sections 61e and 61g of title 18, U.S.C., 1940 ed. Reference to persons aiding or assisting, contained in words ‘‘or to aid or assist in furnishing or disclosing’’ was omitted as unnecessary as such persons are made principals by section 2 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 606. Intimidation to secure political contribu- tions Whoever, being one of the officers or employ- ees of the United States mentioned in section 602 of this title, discharges, or promotes, or de- grades, or in any manner changes the official rank or compensation of any other officer or employee, or promises or threatens so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose, shall be fined under this title or imprisoned not more than three years, or both. (June 25, 1948, ch. 645, 62 Stat. 722; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 210, 212 (Mar. 4, 1909, ch. 321, §§ 120, 122, 35 Stat. 1110). This section consolidates sections 210 and 212 of title 18, U.S.C., 1940 ed. Changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. § 607. Place of solicitation (a) PROHIBITION.— (1) IN GENERAL.—It shall be unlawful for any person to solicit or receive a donation of money or other thing of value in connection with a Federal, State, or local election from a person who is located in a room or building oc- cupied in the discharge of official duties by an officer or employee of the United States. It shall be unlawful for an individual who is an officer or employee of the Federal Govern- ment, including the President, Vice President, and Members of Congress, to solicit or receive a donation of money or other thing of value in connection with a Federal, State, or local election, while in any room or building occu- pied in the discharge of official duties by an officer or employee of the United States, from any person. (2) PENALTY.—A person who violates this section shall be fined not more than $5,000, im- prisoned not more than 3 years, or both. (b) The prohibition in subsection (a) shall not apply to the receipt of contributions by persons on the staff of a Senator or Representative in, or Delegate or Resident Commissioner to, the Con- gress or Executive Office of the President, pro- vided, that such contributions have not been so- licited in any manner which directs the contrib- utor to mail or deliver a contribution to any room, building, or other facility referred to in subsection (a), and provided that such contribu- tions are transferred within seven days of re- ceipt to a political committee within the mean- ing of section 302(e) of the Federal Election Campaign Act of 1971. (June 25, 1948, ch. 645, 62 Stat. 722; Pub. L. 96–187, title II, § 201(a)(5), Jan. 8, 1980, 93 Stat. 1367; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107–155, title III, § 302, Mar. 27, 2002, 116 Stat. 96.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 211, 212 (Mar. 4, 1909, ch. 321, §§ 121, 122, 35 Stat. 1110). This section consolidates sections 211 and 212 of title 18, U.S.C., 1940 ed. This section was expanded to embrace all officers or persons acting on behalf of any independent agencies or Government-owned or controlled corporations by in- serting words ‘‘or any department or agency thereof.’’ (See definitive section 6, and reviser’s note under sec- tion 201 of this title.) Changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Section 302(e) of the Federal Election Campaign Act of 1971, referred to in subsec. (b), is classified to section 30102(e) of Title 52, Voting and Elections. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–155, § 302(1), added sub- sec. (a) and struck out former subsec. (a) which read as follows: ‘‘It shall be unlawful for any person to solicit or receive any contribution within the meaning of sec- tion 301(8) of the Federal Election Campaign Act of 1971 in any room or building occupied in the discharge of of- ficial duties by any person mentioned in section 603, or in any navy yard, fort, or arsenal. Any person who vio- lates this section shall be fined under this title or im- prisoned not more than three years, or both.’’ Subsec. (b). Pub. L. 107–155, § 302(2), inserted ‘‘or Exec- utive Office of the President’’ after ‘‘Congress’’. 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. 1980—Pub. L. 96–187 substituted provisions relating to the place of solicitation for provisions relating to the making of political contributions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–155 effective Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under sec- tion 30101 of Title 52, Voting and Elections. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96–187, set out as a note under section 30101 of Title 52, Voting and Elections. § 608. Absent uniformed services voters and over- seas voters (a) Whoever knowingly deprives or attempts to deprive any person of a right under the Uni- formed and Overseas Citizens Absentee Voting Act shall be fined in accordance with this title or imprisoned not more than five years, or both. Page 150 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 609 (b) Whoever knowingly gives false information for the purpose of establishing the eligibility of any person to register or vote under the Uni- formed and Overseas Citizens Absentee Voting Act, or pays or offers to pay, or accepts payment for registering or voting under such Act shall be fined in accordance with this title or imprisoned not more than five years, or both. (Added Pub. L. 99–410, title II, § 202(a), Aug. 28, 1986, 100 Stat. 929.) Editorial Notes REFERENCES IN TEXT The Uniformed and Overseas Citizens Absentee Vot- ing Act, referred to in text, is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, which was formerly classified prin- cipally to subchapter I–G (§ 1973ff et seq.) of chapter 20 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering in Title 52, Vot- ing and Elections, and is now classified principally to chapter 203 (§ 20301 et seq.) of Title 52. For complete classification of this Act to the Code, see Tables. PRIOR PROVISIONS A prior section 608, acts June 25, 1948, ch. 645, 62 Stat. 723; Feb. 7, 1972, Pub. L. 92–225, title II, § 203, 86 Stat. 9; Oct. 15, 1974, Pub. L. 93–443, title I, § 101(a), (b), 88 Stat. 1263, 1266, set limitations on campaign contributions and expenditures, prior to repeal by Pub. L. 94–283, title II, § 201(a), May 11, 1976, 90 Stat. 496. See section 30116 of Title 52, Voting and Elections. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1987, see section 204 of Pub. L. 99–410, set out as a note under section 20301 of Title 52, Voting and Elections. § 609. Use of military authority to influence vote of member of Armed Forces Whoever, being a commissioned, noncommis- sioned, warrant, or petty officer of an Armed Force, uses military authority to influence the vote of a member of the Armed Forces or to re- quire a member of the Armed Forces to march to a polling place, or attempts to do so, shall be fined in accordance with this title or imprisoned not more than five years, or both. Nothing in this section shall prohibit free discussion of po- litical issues or candidates for public office. (Added Pub. L. 99–410, title II, § 202(a), Aug. 28, 1986, 100 Stat. 929.) Editorial Notes PRIOR PROVISIONS A prior section 609, act June 25, 1948, ch. 645, 62 Stat. 723, prescribed maximum contributions and expendi- tures limitation of $3,000,000 for any calendar year, prior to repeal by Pub. L. 92–225, title II, § 204, Feb. 7, 1972, 86 Stat. 10, effective sixty days after Feb. 7, 1972. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1987, see section 204 of Pub. L. 99–410, set out as a note under section 20301 of Title 52, Voting and Elections. § 610. Coercion of political activity It shall be unlawful for any person to intimi- date, threaten, command, or coerce, or attempt to intimidate, threaten, command, or coerce, any employee of the Federal Government as de- fined in section 7322(1) of title 5, United States Code, to engage in, or not to engage in, any po- litical activity, including, but not limited to, voting or refusing to vote for any candidate or measure in any election, making or refusing to make any political contribution, or working or refusing to work on behalf of any candidate. Any person who violates this section shall be fined under this title or imprisoned not more than three years, or both. (Added Pub. L. 103–94, § 4(c)(1), Oct. 6, 1993, 107 Stat. 1005; amended Pub. L. 104–294, title VI, § 601(a)(1), Oct. 11, 1996, 110 Stat. 3497.) Editorial Notes PRIOR PROVISIONS A prior section 610, acts June 25, 1948, ch. 645, 62 Stat. 723; May 24, 1949, ch. 139, § 10, 63 Stat. 90; Oct. 31, 1951, ch. 655, § 20(c), 65 Stat. 718; Feb. 7, 1972, Pub. L. 92–225, title II, § 205, 86 Stat. 10; Oct. 15, 1974, Pub. L. 93–443, title I, § 101(e)(1), 88 Stat. 1267, prohibited campaign contributions or expenditures by national banks, cor- porations, and labor organizations, prior to repeal by Pub. L. 94–283, title II, § 201(a), May 11, 1976, 90 Stat. 496. See section 30118 of Title 52, Voting and Elections. AMENDMENTS 1996—Pub. L. 104–294 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE; SAVINGS PROVISION Section effective 120 days after Oct. 6, 1993, and no provision of Pub. L. 103–94 to affect any proceedings with respect to which charges were filed on or before 120 days after Oct. 6, 1993, with orders to be issued in such proceedings and appeals taken therefrom as if Pub. L. 103–94 had not been enacted, see section 12 of Pub. L. 103–94, set out as a note under section 7321 of Title 5, Government Organization and Employees. § 611. Voting by aliens (a) It shall be unlawful for any alien to vote in any election held solely or in part for the pur- pose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, unless— (1) the election is held partly for some other purpose; (2) aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; and (3) voting for such other purpose is con- ducted independently of voting for a candidate for such Federal offices, in such a manner that an alien has the opportunity to vote for such other purpose, but not an opportunity to vote for a candidate for any one or more of such Federal offices. (b) Any person who violates this section shall be fined under this title, imprisoned not more than one year, or both.