§601 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Makes it illegal for anyone who knowingly, directly or through others, to make or try to make a person give money, services, or other help to a candidate or a political party by taking away or threatening to take away either (1) a job, position, work, pay, or benefits tied to a U.S., State, or local government job, or (2) payments or benefits from a government program. Defined words: candidate — a person trying to get nominated or elected to federal, state, or local office, including those who filed to run or who have raised or spent campaign money or allowed others to do so; election — includes general, special, primary, runoff votes, party conventions or caucuses that pick candidates, primaries for delegates or presidential preference, and elections of delegates to constitutional conventions; State — any U.S. State, the District of Columbia, Puerto Rico, or any U.S. territory or possession.

Title 18, §601

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever, directly or indirectly, knowingly causes or attempts to cause any person to make a contribution of a thing of value (including services) for the benefit of any candidate or any political party, by means of the denial or deprivation, or the threat of the denial or deprivation, of—

(1)any employment, position, or work in or for any agency or other entity of the Government of the United States, a State, or a political subdivision of a State, or any compensation or benefit of such employment, position, or work; or

(2)any payment or benefit of a program of the United States, a State, or a political subdivision of a State;

(b)As used in this section—

(1)the term “candidate” means an individual who seeks nomination for election, or election, to Federal, State, or local office, whether or not such individual is elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, to Federal, State, or local office, if he has (A) taken the action necessary under the law of a State to qualify himself for nomination for election, or election, or (B) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office;

(2)the term “election” means (A) a general, special primary, or runoff election, (B) a convention or caucus of a political party held to nominate a candidate, (C) a primary election held for the selection of delegates to a nominating convention of a political party, (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President, and (E) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or of any State; and

(3)the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 61c, 61g (Aug. 2, 1939, 11:50 a.m., E.S.T., ch. 410, §§ 4, 8, 53 Stat. 1147, 1148). This section consolidates section 61c and 61g of title 18, U.S.C., 1940 ed. The words “except as required by law” were used as sufficient to cover the reference to the exception made to the provisions of subsection (b), section 61h of title 18, U.S.C., 1940 ed., which expressly prescribes the circumstances under which a person may be lawfully deprived of his employment and compensation therefor. Changes were made in phraseology.

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000” in concluding provisions. 1976—Pub. L. 94–453 struck out provisions relating to deprivations based upon race, creed, and color which are now set out in section 246 of this title, replaced term “political activity” with more precise terms and definitions, and raised the amount of maximum fine from $1,000 to $10,000.

§601 Deprivation of Employment or Other Benefit for Political Contribution