The statute also prohibits attempts. It applies to all elections –
federal, state, and local. Violations of Section 610 are punishable by
imprisonment for up to three years.
Section 610 expressly includes within the broad phrase “any
political activity” any conduct that relates to voting, to contributing, or
to campaigning. Specifically, Section 610 provides that “any
political activity” includes, but is not limited to: (1) voting or not
voting for any candidate in any election; (2) making or refusing to
make any political contribution; and (3) working or refusing to work on
behalf of any candidate. The statute thus encompasses intimidation
directed at inducing any form of political action.
The statute complements 18 U.S.C. § 606, which addresses
coerced political donations from employees in any of the three
branches of the federal government. Section 610 covers a broader
range of conduct, while Section 606 protects a larger class of
employees.
The inclusion of Section 610 in the 1993 Hatch Act
amendments was in recognition of widely held concerns, both in
Congress and in federal law enforcement agencies, that any lessening of
the Hatch Act’s prohibition on political activities may have the
unintended effect of increasing the risk of political coercion and
manipulation of federal employees. See 139 CONG. R EC. H6817
(daily ed. Sept. 21, 1993).
2. Place of solicitation: 18 U.S.C. § 607
Section 607 makes it unlawful for anyone to solicit or receive a
political donation in any room, area, or building where federal
employees are engaged in official duties. The prohibition covers
political solicitations that are delivered by mail, as well as those made in
person. See United States v. Thayer, 209 U.S. 39 (1908). Violations
are punishable by imprisonment for up to three years.
105
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