U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 29— ELECTIONS AND POLITICAL ACTIVITIES

18 U.S.C. § 602

Solicitation of political contributions

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(a) It shall be unlawful for—(1) a candidate for the Congress;(2) an individual elected to or serving in the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress;(3) an officer or employee of the United States or any department or agency thereof; or(4) a person receiving any salary or compensation for services from money derived from the Treasury of the United States; to knowingly solicit any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined under this title or imprisoned not more than 3 years, or both.(b) The prohibition in subsection (a) shall not apply to any activity of an employee (as defined in section 7322(1) of title 5) or any individual employed in or under the United States Postal Service or the Postal Regulatory Commission, unless that activity is prohibited by section 7323 or 7324 of such title.(June 25, 1948, ch. 645, 62 Stat. 722; Pub. L. 96–187, title II, § 201(a)(3), Jan. 8, 1980, 93 Stat. 1367; Pub. L. 103–94, § 4(a), Oct. 6, 1993, 107 Stat. 1004; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242.)Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 208, 212 (Mar. 4, 1909, ch. 321, §§ 118, 122, 35 Stat. 1110; Feb. 28, 1925, ch. 368, § 312, 43 Stat. 1073).

This section consolidates sections 208 and 212 of title 18, U.S.C., 1940 ed.

This section, like section 201 of this title, was expanded to embrace all officers or persons acting on behalf of any independent agencies or Government-owned or controlled corporations by inserting words “or any department or agency thereof.” (See definitive section 6 of this title.)

The punishment provision was taken from section 212 of title 18, U.S.C., 1940 ed., which, by reference, made the punishment applicable to the crime described in this section.

Changes were made in phraseology.

Editorial NotesReferences in Text

Section 301(8) of the Federal Election Campaign Act of 1971, referred to in subsec. (a)(4), is classified to section 30101(8) of Title 52, Voting and Elections.

Amendments

2006—Subsec. (b). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.

1994—Pub. L. 103–322, which directed the amendment of this section by substituting “under this title” for “not more than $5,000”, could not be executed because the phrase “not more than $5,000” does not appear in text. See 1993 Amendment note below.

1993—Pub. L. 103–94 designated existing provisions as subsec. (a), substituted “; to knowingly solicit any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined under this title or imprisoned not more than 3 years, or both” for “to knowingly solicit, any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined not more than $5,000 or imprisoned not more than three years, or both” in par. (4), and added subsec. (b).

1980—Pub. L. 96–187 amended section generally to conform its terms to revision of the Federal Election Campaign Act of 1971 by title I of Pub. L. 96–187.

Statutory Notes and Related SubsidiariesEffective Date of 1993 Amendment; Savings Provision

Amendment by Pub. L. 103–94 effective 120 days after Oct. 6, 1993, but not to release or extinguish any penalty, forfeiture, or liability incurred under amended provision, which is to be treated as remaining in force for purpose of sustaining any proper proceeding or action for enforcement of that penalty, forfeiture, or liability, and no provision of Pub. L. 103–94 to affect any proceedings with respect to which charges were filed on or before 120 days after Oct. 6, 1993, with orders to be issued in such proceedings and appeals taken therefrom as if Pub. L. 103–94 had not been enacted, see section 12 of Pub. L. 103–94, set out as an Effective Date; Savings Provision note under section 7321 of Title 5, Government Organization and Employees.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96–187, set out as a note under section 30101 of Title 52, Voting and Elections.

Notes of Decisions
Cited in 16 cases, 1948–1998 · leading case: Greer v. Spock, 424 U.S. 828 (1976).
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Greer v. Spock, 424 U.S. 828 (1976). “§ 603 ; candidates for federal office are prohibited from soliciting contributions from military personnel, 18 U. S. C. § 602 ; no commissioned or non-commissioned officer in the Armed Forces may attempt to influence any member of the Armed Forces to vote for any particular…”
Labor's Educ. & Political Club-Indep. v. Danforth, 561 S.W.2d 339 (Mo. 1978). · cites it 2× “1970) involved the criminal prosecution of union leaders for violating 18 U.S.C. § 602 by using union funds for political contributions.”
United States v. Palma-Ruedas, 121 F.3d 841 (3rd Cir. 1997). · cites it 2× “, 18 U.S.C. §§ 602 , 603, 607(a), 795(a), 842, 922, 964(a), 1082(a), 1731, 1752(a), 1962, 2342.”
United States v. Daniel D. Rostenkowski, 59 F.3d 1291 (D.C. Cir. 1995). “§ 203 (bribery); 18 U.S.C. § 602 (solicitation of political contributions), Rostenkowski argues that in the absence of such a law, the executive and judicial branches may not “interfere] with the discretionary decisions of Congress,” such as how to interpret House Rules.”
United States v. Robert Dezarn, 157 F.3d 1042 (6th Cir. 1998). “” The report did reveal, however, that there was evidence that one officer, John Julian, had improperly solicited funds from fellow officers, in violation of the Hatch Act, 18 U.S.C. § 602 . Following that revelation, Julian came forward with additional information about the…”
Fed. Election Comm'n v. Gus Savage for Cong. '82 Comm., 606 F. Supp. 541 (N.D. Ill. 1985). “18 U.S.C. § 602 . 10 . As an example of the self-serving nature of election legislation, see 2 U.”
Fela v. US, Merit Sys. Prot. Bd., 730 F. Supp. 779 (N.D. Ohio 1989). “( 18 U.S.C. § 602 ). Both the CAU and the City cite Special Counsel v.”
United States v. Burleson, 127 F. Supp. 400 (E.D. Tenn. 1954). “In both cases the indictments charge violation of Title 18 U.S.C.A. §§ 602 and 603. In the Burleson case, the indictment also charges violation of section 606.”
Permissibility of the Admin. & Use of the Fed. Payroll Allocation Sys. by Exec. Branch Employees for Contributions to Political Action Committees (OLC 1995). · cites it 11× “Permissibility of the Administration and Use of the Federal Payroll Allocation System by Executive Branch Employees for Contributions to Political Action Committees Federal employees who would offer the use of, or administer, the federal salary-allocation system for allotments…”
Application of 18 U.S.C. § 603 to Activities in the White House Involving the President (OLC 1979). · cites it 6× “Section 602 provides: ’ There, the court rejected the defendant’s assertion that, to fall within the terms of the statute, the person soliciting had to have been “ either an employee of the Government of the United States, or one of the officers named in [the original versions…”
Whether 18 U.S.C. § 603 Bars Civilian Exec. Branch Employees & Officers from Making Contributions to a President's Authorized Re-Election Campaign Comm. (OLC 1995). · cites it 3× “King, Director, Office o f Personnel Management, from W alter Dellinger, Assistant Attorney General, Office o f Legal Counsel, Re: Whether Use o f Federal Payroll Allocation System by Executive Branch Employees fo r Contributions to Political Action Committees Would Violate the…”
Applicability of the Hatch Act to the Chairman of the Native Hawaiians Study Comm'n (OLC 1982). · cites it 2× “Pursuant to 18 U.S.C. § 602 , for example, it is a crime for “ a person receiving any salary or compensation for services from money derived from the Treasury of the United States to knowingly solicit any 3 It might be argued that when the President uses Unanticipated Needs…”
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