The Criminal Division has interpreted Section 602 as not
prohibiting a federal employee’s solicitation of voluntary political
contributions from other non-subordinate federal employees.
However, because of the potential for coercion, express or implied,
that inheres in the supervisor-subordinate relationship, contributions
solicited from a subordinate are not considered “voluntary.” The
1993 Hatch Act amendments reflect this interpretation; both the
criminal and civil codes, as amended, expressly prohibit the
solicitation of subordinates, while allowing certain solicitations of
colleagues. The 1993 law further amended Sections 602 to exempt
the soliciting activities authorized by the civil Hatch Act provisions,
5 U.S.C. §§ 7323 and 7324.
All officers and employees of the executive, judicial, or
legislative branches of the federal government are within the class
reached by Section 602. The statute does not reach persons who are
paid with federal funds that have lost their “federal” character, such as
state or local government employees or persons paid under federal
grants. However, 18 U.S.C. §§ 600 and 601 may cover such persons.
The Federal Election Campaign Act Amendments of 1979
limited Section 602 in two respects. First, the word “knowingly” was
added to clarify that the solicitor must have been aware of the federal
status of the person solicited. Second, the critical term “contribution” in
Section 602 was linked to the definition of this term in FECA, at 5 2
U.S.C. § 30101(8), which restricts “contributions” to financial
activities intended to influence a federal election.
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