purpose.” Violations are punishable by imprisonment for up to three
years.
Section 606 encompasses coerced donations of anything of
value (including services) from federal employees to a candidate for
any elective office – federal, state, or local. This statute should be
used in lieu of Section 602 whenever a federal employee is actively
threatened with an adverse change to his or her conditions of
employment to induce a political contribution. This is also addressed in
the discussion of 18 U.S.C. § 610 below.
In the Criminal Division’s view, Section 606 was not intended to
prohibit the consideration of political factors (such as ideology) in the
hiring, firing, or assignment of the small category of federal
employees who perform policymaking or confidential duties for the
President or Members of Congress. In the executive branch, these
senior officials either hold jobs on Schedule C of the excepted
service, which by law may be offered or terminated on the basis of
such factors, or hold direct presidential appointments and by statute
serve at the President’s pleasure. Section 606 does, however, protect all
federal officials, including senior policymakers, from being forced by
job-related threats or reprisals to donate to political candidates or
causes.
(d) Coercion of political activity: 18 U.S.C. § 610
Section 610 is an anti-intimidation statute enacted as part of
the 1993 Hatch Act amendments to provide additional protections
against political manipulation of the federal workforce.
The statute makes it a crime to intimidate, threaten, command, or
coerce any employee of the executive branch to induce the victim to
engage or not engage in any political activity.
104
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