Whoever, within or without the Armed Forces of the United States, polls any member of such forces, either within or without the United States, either before or after he executes any ballot under any Federal or State law, with reference to his choice of or his vote for any candidate, or states, publishes, or releases any result of any purported poll taken from or among the members of the Armed Forces of the United States or including within it the statement of choice for such candidate or of such votes cast by any member of the Armed Forces of the United States, shall be fined under this title or imprisoned for not more than one year, or both.
The word “poll” means any request for information, verbal or written, which by its language or form of expression requires or implies the necessity of an answer, where the request is made with the intent of compiling the result of the answers obtained, either for the personal use of the person making the request, or for the purpose of reporting the same to any other person, persons, political party, unincorporated association or corporation, or for the purpose of publishing the same orally, by radio, or in written or printed form.
Notes of Decisions
Cited in
6
cases, 1929–1995 · leading case:
Greer v. Spock, 424 U.S. 828 (1976).
Greer v. Spock, 424 U.S. 828 (1976).
· cites it 2× “[12] Members of the Armed Forces may not be polled by any person or political party to determine their choice among candidates for elective office, 18 U. S. C. § 596 ; it is unlawful to solicit political contributions in any fort or arsenal, 18 U.”
Viles v. Symes, 129 F.2d 828 (10th Cir. 1942).
· cites it 3× “In his petition, the appellant asserts that the action arises under the First, Fifth and Sixth Amendments to the Constitution of the United States, and Revised Statutes § 1015, 18 U.S.C.A. § 596 , relating to the allowance of bail.”
Bennett v. United States, 36 F.2d 475 (5th Cir. 1929).
“18 USCA § 596. It is the settled law in the federal courts that a person who has been convicted on a criminal charge is likewise entitled to bail pending his appeal, except where it is plainly made to appear that an appeal is frivolous or taken only for delay.”
D'AURIZIO v. Borough of Palisades Park, 899 F. Supp. 1352 (D.N.J. 1995).
“18 U.S.C. § 596 makes it illegal to poll any member of the Armed Forces “with reference to his choice of or his vote for any candidate” or to release "any result of any purported poll.”
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