(c) Interference in election by employees of federal,
state, or territorial governments: 18 U.S.C. § 595
Section 595 was enacted as part of the original 1939 Hatch
Act. The statute prohibits any public officer or employee, in connection
with an activity financed wholly or in part by the United States, from
using his or her official authority to interfere with or affect the
nomination or election of a candidate for federal office. This statute is
aimed at the misuse of official authority. It does not prohibit normal
campaign activities by federal, state, or local employees. 45 Violations
are one-year misdemeanors.
Section 595 applies to all public officials, whether elected or
appointed, federal or non-federal. For example, an appointed
policymaking government official who bases a specific governmental
decision on an intent to influence the vote for or against an identified
federal candidate violates Section 595. The nexus between the
official action and an intent to influence must be clear to establish a
violation of this statute.
(d) Coercion by means of relief appropriations: 18
U.S.C. § 598
Section 598 prohibits the use of funds appropriated by
Congress for relief or public works projects to interfere with, restrain, or
coerce any person in the exercise of his or her right to vote in any
election. Violations are one-year misdemeanors.
(e) Solicitation from persons on relief: 18 U.S.C. § 604
Section 604 makes it unlawful for any person to solicit or
receive contributions for any political purpose from any person
known to be entitled to, or receiving compensation, employment, or
However, such political activities must be consistent with the Hatch Act
restrictions on political activity, as amended in 1993, which will be discussed later in
this chapter.
45
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