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

Summary

Government officials must let anyone who is legally allowed to vote under chapters 103–107, or who is otherwise qualified, cast a ballot and must count and report that vote. No one, whether a government official or not, may threaten, scare, or try to force anyone for voting, trying to vote, helping someone vote, or for doing duties under sections 10302(a), 10305, 10306, 10308(e) of this title or sections 1973d or 1973g of title 42. Lying about your name, address, or how long you lived in a district to register or vote, helping or paying someone to do that, giving false statements to an examiner or hearing officer, or voting more than once in certain federal elections is a crime. The punishment can be a fine up to $10,000, up to five years in prison, or both. The rule about voting more than once applies to any general, special, or primary election for President, Vice President, presidential elector, U.S. Senator, U.S. Representative, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Commissioner of Puerto Rico. "Votes more than once" does not include casting another ballot if all earlier ballots were invalidated, or voting in two places when those ballots are not 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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