(c) Coercion of political activity: 18 U.S.C. § 610
Section 610 was enacted as part of the 1993 Hatch Act reform
amendments to provide increased protection against political
manipulation of federal employees in the executive branch. 28 It
prohibits intimidating or coercing a federal employee to induce or
discourage “any political activity” by the employee. Violators are
subject to imprisonment for up to three years. This statute is
discussed in detail in Chapter Three, which addresses patronage
crimes.
Although the class of persons covered by Section 610 is
limited to federal employees, the conduct covered by this statute is
broad: it reaches political activity that relates to any public office or
election, whether federal, state, or local. The phrase “political
activity” in Section 610 expressly includes, but is not limited to,
“voting or refusing to vote for any candidate or measure,” “making or
refusing to make any political contribution,” and “working or refusing
to work on behalf of any candidate.”
(d) Conspiracy against rights and deprivation of
constitutional rights: 18 U.S.C. §§ 241 and 242
Section 241 makes it a ten-year felony to “conspire to injure,
oppress, threaten, or intimidate” any person in the free exercise of any
right or privilege secured by the Constitution or laws of the United
entered Feb. 27, 1992) (consent order entered against political organization for
mailing postcards to thousands of minority voters that contained false voting
information and a threat of prosecution).
A similar statute addresses political intimidation within the military. 18
U.S.C. § 609. It prohibits officers of the United States Armed Forces from misusing
military authority to coerce members of the military to vote for a federal, state, or
local candidate. Violations are five-year felonies. In addition, 18 U.S.C. § 593 makes
it a five-year felony for a member of the military to interfere with a voter in any
general or special election, and 18 U.S.C. § 596 makes it a misdemeanor to poll
members of the armed forces regarding candidate preferences.
28
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