18 U.S.C. § 611 — Voting by aliens

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. Page 151 TITLE 18—CRIMES AND CRIMINAL PROCEDURE [§§ 612 to 617 1 So in original. Does not conform to section catchline. (c) Subsection (a) does not apply to an alien if— (1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (wheth- er by birth or naturalization); (2) the alien permanently resided in the United States prior to attaining the age of 16; and (3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States. (Added Pub. L. 104–208, div. C, title II, § 216(a), Sept. 30, 1996, 110 Stat. 3009–572; amended Pub. L. 106–395, title II, § 201(d)(1), Oct. 30, 2000, 114 Stat. 1635.) Editorial Notes PRIOR PROVISIONS A prior section 611, acts June 25, 1948, ch. 645, 62 Stat. 724; Feb. 7, 1972, Pub. L. 92–225, title II, § 206, 86 Stat. 10; Oct. 15, 1974, Pub. L. 93–443, title I, §§ 101(e)(2), 103, 88 Stat. 1267, 1272, prohibited campaign contributions by government contractors, prior to repeal by Pub. L. 94–283, title II, § 201(a), May 11, 1976, 90 Stat. 496. See section 30119 of Title 52, Voting and Elections. AMENDMENTS 2000—Subsec. (c). Pub. L. 106–395 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–395, title II, § 201(d)(3), Oct. 30, 2000, 114 Stat. 1636, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall be effective as if included in the enactment of section 216 of the Il- legal Immigration Reform and Immigrant Responsi- bility Act of 1996 (Public Law 104–208; 110 Stat. 3009–572). The amendment made by paragraph (2) [amending section 1015 of this title] shall be effective as if included in the enactment of section 215 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 3009–572). The amendments made by paragraphs (1) and (2) shall apply to an alien prosecuted on or after September 30, 1996, except in the case of an alien whose criminal pro- ceeding (including judicial review thereof) has been fi- nally concluded before the date of the enactment of this Act [Oct. 30, 2000].’’ [§§ 612 to 617. Repealed. Pub. L. 94–283, title II, § 201(a), May 11, 1976, 90 Stat. 496] Section 612, acts June 25, 1948, ch. 645, 62 Stat. 724; Aug. 25, 1950, ch. 784, § 2, 64 Stat. 475; Aug. 12, 1970, Pub. L. 91–375, § 6(j)(7), 84 Stat. 777, regulated publication and distribution of political statements. See section 30120 of Title 52, Voting and Elections. Section 613, added Pub. L. 89–486, § 8(a), July 4, 1966, 80 Stat. 248; amended Pub. L. 93–443, title I, § 101(d)(1)–(3), (4)(A), (e)(3), Oct. 15, 1974, 88 Stat. 1267, prohibited campaign contributions by foreign nation- als. See section 30121 of Title 52, Voting and Elections. Section 614, added Pub. L. 93–443, title I, § 101(f)(1), Oct. 15, 1974, 88 Stat. 1268, prohibited making of cam- paign contributions in the name of another. See section 30122 of Title 52, Voting and Elections. Section 615, added Pub. L. 93–443, title I, § 101(f)(1), Oct. 15, 1974, 88 Stat. 1268, placed limitations on con- tributions of currency. See section 30123 of Title 52, Voting and Elections. Section 616, added Pub. L. 93–443, title I, § 101(f)(1), Oct. 15, 1974, 88 Stat. 1268, prohibited acceptance of ex- cessive honorariums. Section 617, added Pub. L. 93–443, title I, § 101(f)(1), Oct. 15, 1974, 88 Stat. 1268, prohibited fraudulent mis- representation of campaign authority. See section 30124 of Title 52, Voting and Elections. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Repeal by Pub. L. 94–283 not to release or extinguish any penalty, forfeiture, or liability incurred under such sections, with each section to be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of any penalty, for- feiture, or liability, see section 114 of Pub. L. 94–283, set out as a note under section 441 of Title 2, The Congress. CHAPTER 31—EMBEZZLEMENT AND THEFT Sec. 641. Public money, property or records. 642. Tools and materials for counterfeiting pur- poses. 643. Accounting generally for public money. 644. Banker receiving unauthorized deposit of public money. 645. Court officers generally. 646. Court officers depositing registry moneys. 647. Receiving loan from court officer. 648. Custodians, generally, misusing public funds. 649. Custodians failing to deposit moneys; persons affected. 650. Depositaries failing to safeguard deposits. 651. Disbursing officer falsely certifying full pay- ment. 652. Disbursing officer paying lesser in lieu of law- ful amount. 653. Disbursing officer misusing public funds. 654. Officer or employee of United States con- verting property of another. 655. Theft by bank examiner. 656. Theft, embezzlement, or misapplication by bank officer or employee. 657. Lending, credit and insurance institutions. 658. Property mortgaged or pledged to farm credit agencies. 659. Interstate or foreign shipments by carrier; State prosecutions. 660. Carrier’s funds derived from commerce; State prosecutions. 661. Within special maritime and territorial juris- diction. 662. Receiving stolen property,1 within special maritime and territorial jurisdiction. 663. Solicitation or use of gifts. 664. Theft or embezzlement from employee benefit plan. 665. Theft or embezzlement from employment and training funds; improper inducement; ob- struction of investigations. 666. Theft or bribery concerning programs receiv- ing Federal funds. 667. Theft of livestock. 668. Theft of major artwork. 669. Theft or embezzlement in connection with health care. 670. Theft of medical products. Editorial Notes AMENDMENTS 2012—Pub. L. 112–186, § 2(b), Oct. 5, 2012, 126 Stat. 1428, added item 670. 1996—Pub. L. 104–294, title VI, § 601(f)(7), Oct. 11, 1996, 110 Stat. 3500, inserted comma after ‘‘embezzlement’’ in item 656. Pub. L. 104–191, title II, § 243(b), Aug. 21, 1996, 110 Stat. 2017, added item 669.