§10307 — Title 52 Voting and Elections | U.S. Code

Summary

Government officials who act with government authority must not stop someone who is allowed to vote under chapters 103–107 or who is otherwise qualified from voting. They also must not willfully refuse to count or report a person’s vote. No one, whether a government official or not, may threaten, scare, or force someone because they voted, tried to vote, helped someone vote, or carried out certain election duties named in specific law sections (10302(a), 10305, 10306, 10308(e), or 42 U.S.C. 1973d or 1973g). If a person lies about their name, address, or how long they lived somewhere to register or vote, helps someone else do that, or pays or accepts payment for registration or voting, they can be fined up to $10,000, jailed up to five years, or both. The same penalty applies to lying or using fake documents in matters before an election examiner or hearing officer. Voting more than once in certain federal elections (those that choose President, Vice President, presidential electors, U.S. Senators, U.S. Representatives, Delegates from the District of Columbia, Guam, or the Virgin Islands, or the Resident Commissioner of Puerto Rico) is also illegal and carries the same penalties. Extra ballots are allowed if earlier ballots were invalidated, and voting in two places is allowed under section 10502 as long as the voter is not voting twice for the same office.

Title 52, §10307

Voting and Elections — Source: USLM XML via OLRC

(a)No person acting under color of law shall fail or refuse to permit any person to vote who is entitled to vote under any provision of chapters 103 to 107 of this title or is otherwise qualified to vote, or willfully fail or refuse to tabulate, count, and report such person’s vote.

(b)No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for voting or attempting to vote, or intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for urging or aiding any person to vote or attempt to vote, or intimidate, threaten, or coerce any person for exercising any powers or duties under section 10302(a), 10305, 10306, or 10308(e) of this title or section 1973d or 1973g of title 42.11 See References in Text note below.

(c)Whoever knowingly or willfully gives false information as to his name, address or period of residence in the voting district for the purpose of establishing his eligibility to register or vote, or conspires with another individual for the purpose of encouraging his false registration to vote or illegal voting, or pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both: Provided, however, That this provision shall be applicable only to general, special, or primary elections held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, Member of the United States House of Representatives, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the Commonwealth of Puerto Rico.

(d)Whoever, in any matter within the jurisdiction of an examiner or hearing officer knowingly and willfully falsifies or conceals a material fact, or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.

(e)(1)Whoever votes more than once in an election referred to in paragraph (2) shall be fined not more than $10,000 or imprisoned not more than five years, or both.

(2)The prohibition of this subsection applies with respect to any general, special, or primary election held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, Member of the United States House of Representatives, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the Commonwealth of Puerto Rico.

(3)As used in this subsection, the term “votes more than once” does not include the casting of an additional ballot if all prior ballots of that voter were invalidated, nor does it include the voting in two jurisdictions under section 10502 of this title, to the extent two ballots are not cast for an election to the same candidacy or office.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1973d and 1973g of title 42, referred to in subsec. (b), were repealed by Pub. L. 109–246, § 3(c), July 27, 2006, 120 Stat. 580. Codification Section was formerly classified to section 1973i of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

1975—Subsec. (c). Pub. L. 94–73, § 404, inserted reference to Guam and Virgin Islands. Subsec. (e). Pub. L. 94–73, § 409, added subsec. (e). 1970—Subsec. (c). Pub. L. 91–405 substituted reference to Delegate from District of Columbia for Delegates or Commissioners from territories or possessions.

Statutory Notes and Related Subsidiaries

Effective Date

of 1970 AmendmentAmendment by Pub. L. 91–405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91–405, set out as an

Effective Date

note under section 25a of Title 2, The Congress.

§10307 Prohibited acts

Summary

Title 52, §10307

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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