Expenditures to Influence Voting - 18 U.S. Code § 597
Election interference can take many forms, and federal law takes a firm stance against all forms of election interference because they undermine the democratic process. Even using compensation to influence how people vote can compromise the integrity of an election.
Under Title 18 U.S. Code 597, it is a serious federal crime to buy or sell votes. This means using money as an incentive to sway how a person votes or whether they vote. If you are convicted of this crime, you could face up to 2 years in federal prison.
18 U.S.C. 597 says, "Whoever makes or offers to make an expenditure 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 violation was willful, shall be fined under this title or imprisoned not more than two years, or both."
Related 18 U.S.C. 611 voting by aliens law says, "(a) It shall be unlawful for any alien to vote in any election held solely or in part for the purpose 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."
What Does the Law Say?
Title 18 U.S. Code 597 explicitly prohibits making or offering expenditures to influence voting. In simpler terms, this means it is illegal for anyone to use money or anything of value to influence someone's vote.
- It is illegal for anyone to make or offer an expenditure to any person to vote or withhold their vote or to vote for or against any candidate.
- It is equally unlawful for anyone to solicit, accept, or receive such an expenditure in exchange for their vote or decision to withhold their vote.
This statute applies to anyone who offers, gives, or receives money or any other valuable consideration in exchange for voting or withholding a vote.
The law is designed to preserve the sanctity of the electoral process by ensuring that votes are cast freely, without undue influence or coercion.
What Are the Elements of the Crime?
To convict you of a crime under 18 U.S.C. 597, the prosecution must establish some key elements of the crime beyond a reasonable doubt. These include:
- Expenditure or Offer of Expenditure: You made or offered to make an expenditure (e.g., money, gifts, services, or any other form of valuable consideration), OR
- Solicitation or Acceptance: You solicited, accepted, or received such an expenditure (i.e., either the giver or the receiver of the bribe can be charged under this law), AND
- Intent to Influence Voting: The expenditure or offer must have been made with the intent to influence the recipient's voting behavior. This includes encouraging the recipient to vote in a certain way, to abstain from voting, or to vote for or against a particular candidate.
Other things to know about this law:
- The law does not require that the voter actually change their vote or withhold their vote. The mere act of making, offering, soliciting, or accepting the expenditure with the intent to influence is sufficient for the crime.
- Willfulness is not a required element for conviction. This is one of numerous laws that does not require you to know you were violating an election law, only that you intended to affect the vote. Willful violation of the law, however, does make the penalty more severe.
What Are Related Federal Laws?
18 U.S. Code Chapter 29, Elections and Political Activities, has several related federal laws, such as the following:
- 18 U.S.C. 592 - Troops at polls.
- 18 U.S.C. 593 - Interference by armed forces.
- 18 U.S.C. 594 - Intimidation of voters.
- 18 U.S.C. 595 - Interference by administrative employees of Federal, State, or Territorial Governments.
- 18 U.S.C. 596 - Polling armed forces.
- 18 U.S.C. 597 - Expenditures to influence voting.
- 18 U.S.C. 598 - Coercion by means of relief appropriations.
- 18 U.S.C. 599 - Promise of appointment by candidate.
- 18 U.S.C. 600 - Promise of employment or other benefit for political activity.
- 18 U.S.C. 601 - Deprivation of employment or other benefit for political contribution.
- 18 U.S.C. 602 - Solicitation of political contributions.
- 18 U.S.C. 603 - Making political contributions.
- 18 U.S.C. 604 - Solicitation from persons on relief.
- 18 U.S.C. 605 - Disclosure of names of persons on relief.
- 18 U.S.C. 606 - Intimidation to secure political contributions.
- 18 U.S.C. 607 - Place of solicitation.
- 18 U.S.C. 608 - Absent uniformed services voters and overseas voters.
- 18 U.S.C. 609 - Use of military authority to influence the vote of members of Armed Forces.
- 18 U.S.C. 610 - Coercion of political activity.
- 18 U.S.C. 611 - Voting by aliens.
What Are the Penalties for Buying or Selling Votes?
The possible penalties for violating 18 U.S.C. 597 are contingent on whether or not you willfully broke the law with your actions. This distinction is crucial as it determines the severity of the penalties you could face, making it important to understand the law and act accordingly.
If you violated U.S.C. 597 without willful intent, it is a misdemeanor. If convicted, you could face:
- Up to $100,000 in fines, and
- Up to one year in federal prison.
If you violated the law willfully (meaning you knew you were committing illegal election interference), it is a felony. If convicted, you could face:
- Up to $250,000 in fines, and
- Up to two years in federal prison.
What Are the Common Defenses Against These Charges?
For those accused of violating Title 18 U.S. Code 597, a skilled federal criminal defense attorney can employ several common defenses, depending on the specific circumstances of the case:
- Lack of Intent: One of the critical elements of the crime is the intent to influence voting. If the defense can demonstrate that you did not have the intention to sway the vote but instead had an alternative, lawful purpose for the expenditure, this could undermine the prosecution's case.
- Mistake of Fact: If you believed, in good faith, that the expenditure was not related to influencing a vote, this could serve as a defense. For instance, if the expenditure was for a legitimate campaign expense and not a bribe or inducement, you might be acquitted or get the charges dismissed.
- Entrapment: If you can prove that you were induced by law enforcement to commit the offense you would not have otherwise committed, entrapment could be a viable defense.
- No Willfulness: Your attorney may show evidence that while you may have intended to affect the vote, you were unaware you were breaking the law. This tactic may be effective in downgrading your sentence if convicted.
For additional information, contact our federal criminal defense law firm, Eisner Gorin LLP, which has offices in Los Angeles, California.
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