18 U.S.C. § 597 — Expenditures to influence voting

Page 145 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 598 authority of section 61s of title 18, U.S.C., 1940 ed., which defined ‘‘State,’’ as used in this section, as ‘‘any State, Territory, or possession of the United States.’’ The punishment provision was derived from section 61g of title 18, U.S.C., 1940 ed., which, by reference, made this punishment applicable to this section. The second paragraph was derived from section 61u of title 18, U.S.C., 1940 ed., which made its provisions ap- plicable to this section by reference. Changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, § 330016(1)(L), which directed the amendment of this section by substituting ‘‘under this title’’ for ‘‘not more than $10,000’’, could not be exe- cuted because the phrase ‘‘not more than $10,000’’ does not appear in text. Pub. L. 103–322, § 330016(1)(H), substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in first par. 1970—Pub. L. 91–405 substituted reference to Delegate from District of Columbia or Resident Commissioner for Delegate or Resident Commissioner from any Terri- tory or Possession. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91–405, set out as an Effec- tive Date note under section 25a of Title 2, The Con- gress. § 596. Polling armed forces Whoever, within or without the Armed Forces of the United States, polls any member of such forces, either within or without the United States, either before or after he executes any ballot under any Federal or State law, with ref- erence to his choice of or his vote for any can- didate, or states, publishes, or releases any re- sult of any purported poll taken from or among the members of the Armed Forces of the United States or including within it the statement of choice for such candidate or of such votes cast by any member of the Armed Forces of the United States, shall be fined under this title or imprisoned for not more than one year, or both. The word ‘‘poll’’ means any request for infor- mation, verbal or written, which by its language or form of expression requires or implies the ne- cessity of an answer, where the request is made with the intent of compiling the result of the answers obtained, either for the personal use of the person making the request, or for the pur- pose of reporting the same to any other person, persons, political party, unincorporated associa- tion or corporation, or for the purpose of pub- lishing the same orally, by radio, or in written or printed form. (June 25, 1948, ch. 645, 62 Stat. 720; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 344 of title 50, U.S.C., 1940 ed., War and National Defense (Sept. 16, 1942, ch. 561, title III, § 314, as added Apr. 1, 1944, ch. 150, 58 Stat. 146). Changes in phraseology were made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in first par. § 597. Expenditures to influence voting Whoever makes or offers to make an expendi- ture to any person, either to vote or withhold his vote, or to vote for or against any candidate; and Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote— Shall be fined under this title or imprisoned not more than one year, or both; and if the vio- lation was willful, shall be fined under this title or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, 62 Stat. 721; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(a)(12), Oct. 11, 1996, 110 Stat. 3498.) HISTORICAL AND REVISION NOTES Based on sections 250, 252, of title 2, U.S.C., 1940 ed., The Congress (Feb. 28, 1925, ch. 368, title III, §§ 311, 314, 43 Stat. 1073, 1074). This section consolidates the provisions of sections 250 and 252 of title 2, U.S.C., 1940 ed., The Congress. Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. The punishment provisions of section 252 of title 2, U.S.C., 1940 ed., The Congress, were incorporated at end of section upon authority of reference in such section making them applicable to this section. Words ‘‘or both’’ were added to conform to the almost universal formula of the punishment provisions of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294 substituted ‘‘shall be fined under this title’’ for ‘‘shall be fined not more than $10,000’’ in last par. 1994—Pub. L. 103–322 substituted ‘‘shall be fined under this title’’ for ‘‘shall be fined not more than $1,000’’ in last par. § 598. Coercion by means of relief appropriations Whoever uses any part of any appropriation made by Congress for work relief, relief, or for increasing employment by providing loans and grants for public-works projects, or exercises or administers any authority conferred by any Ap- propriation Act for the purpose of interfering with, restraining, or coercing any individual in the exercise of his right to vote at any election, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 721; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 61f, 61g (Aug. 2, 1939, 11:50 a.m., E.S.T., ch. 410. §§ 7, 8, 53 Stat. 1148). This section consolidates sections 61f and 61g of title 18, U.S.C., 1940 ed., with changes of phraseology nec- essary to effect consolidation. The punishment provision was derived from section 61g of title 18, U.S.C., 1940 ed., which, by reference, was made applicable to this section. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’.