18 U.S.C. § 597
Expenditures to influence voting
Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate; and
Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote—
Shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both.
Notes of Decisions
Cited in 12
cases (3 in the last 5 years), 1948–2024 · leading case: United States v. William Stivers, 722 F.3d 788 (6th Cir. 2013).
United States v. William Stivers, 722 F.3d 788 (6th Cir. 2013). “§ 1961 (1)(B), two federal vote-buying statutes, 18 U.S.C. § 597 and 42 U.S.C. § 1973i, are not listed in subsection (B).”
Hill v. Stowers, 680 S.E.2d 66 (W. Va. 2009). “Stowei’s was indicted pursuant to 18 U.S.C. § 597 . See note 4, supra. He ultimately pled guilty to one count of violating that statute and was sentenced to six months in prison.”
Rideout v. Gardner, 838 F.3d 65 (1st Cir. 2016). “See 18 U.S.C. § 597 (prohibiting buying or selling votes); 52 U.”
Pennsylvania State Conf. of NAACP Branches v. Northampton Cnty. Bd. of Elections, 97 F.4th 120 (3rd Cir. 2024). “, 18 U.S.C. § 597 ; 52 U.S.C. § 20511 . Contrary to the Majority’s characterization, these observations are not based upon whether there are legitimate interests being furthered, but rather are based upon what the law says.”
United States v. Simms, 508 F. Supp. 1179 (W.D. La. 1979). “The legislative history of this section illustrates that its purpose was to assure ballot security for the expanded franchise contemplated by the Voting Rights Act. At the time this statute was passed, Congress had previously enacted a provision designed to govern expenditures…”
United States v. Powell, 81 F. Supp. 288 (E.D. Mo. 1948). “"The Department is informed that various persons to the Department unknown may have violated in the Eastern District of Missouri, and in other judicial districts of the United States, Section 250 of Title 2 of the United States Code Annotated [1948 Criminal Code, 18 U.S. C.A. §…”
United States v. Amelia Garcia & Teresa Aleman Briones, 719 F.2d 99 (5th Cir. 1983). “Similarly, 18 U.S.C. § 597 provides that any person who “makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate .”
United States v. Sayre, 522 F. Supp. 973 (W.D. Mo. 1981). “See: 18 U.S.C. § 597 . Obviously, § 1973i(c) was intended as something more than a mere replication of the existing provision.”
Ortiz y Pino v. Toulouse Oliver (D.N.M. 2024). “See 18 U.S.C. § 597 (criminalizing vote buying).”
United States v. William Stivers (6th Cir. 2013). “§ 1961 (1)(B), two federal vote-buying statutes, 18 U.S.C. § 597 and 42 U.S.C. § 1973i, are not listed in subsection (B).”
United States v. Larry Shepherd (6th Cir. 2018). “Scott McCarty Co-conspirator McCarty pleaded guilty to misdemeanor fraud under 18 U.S.C. § 597 after agreeing to testify at his co-defendants’ trial.”
An opinion was released in case 24-5205, KalshiEX LLC v. CFTC (D.C. Cir. 2024). “, 18 U.S.C. § 597 . But the Commission’s concern is different—it worries that voters might develop a financial motivation to vote.”
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