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copyright proprietor. (Mar. 4, 1909, ch. 320, $$ 7, 64, 35 Stat. 1077, 1088.)

TITLE 18—CRIMINAL CODE AND CRIMINAL PROCEDURE

OFFENSES AGAINST ELECTIVE FRANCHISE AND CIVIL

RIGHTS OF CITIZENS § 53a. Unlawful searches by officer, agent or employee of United States.--Any officer, agent, or employee of the United States engaged in the enforcement of any law of the United States who shall search any private dwelling used and accupied as such dwelling without a warrant directing such search, or who, while engaged in such enforcement, shall without a search warrant maliciously and without reasonable cause search any other building or property, shall be guilty of a misdemeanor and upon conviction thereof shall be fined for a first offense not more than $1,000, and for a subsequent offense not more than $1,000, or imprisoned not more than one year, or both such fine and imprisonment: Provided, That nothing herein contained shall apply to any officer, agent, or employee of the United States serving a warrant of arrest, or arresting or attempting to arrest any person committing or attempting to commit an offense in the presence of such officer, agent, or employee, or who has committed, or who is suspected on reasonable grounds of having committed, a felony. (Aug. 27, 1935, ch. 740, $ 201, 49 Stat. 877.)

$ 54. (Criminal Code, section 21.) Conspiring to prevent officer from performing duties.-If two or more persons in any State, Territory, or District conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, Territory, District, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined not more than $5,000, or imprisoned not more than six years, or both. (Mar. 4, 1909, ch. 321, § 21, 35 Stat. 1092.)

DERIVATION R. S. § 5518, which was revised from acts July 31, 1861, ch. 33, 12 Stat. 284; Apr. 20, 1871, ch. 22, 17 Stat. 13, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

PERNICIOUS POLITICAL ACTIVITIES § 61. Intimidation and coercion of voters in elections of certain officers.—It shall be unlawful for any person to intimidate, threaten, or coerce, or to attempt to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President,

Presidential elector, Member of the Senate, or Member of the House of Representatives at any election held solely or in part for the purpose of selecting a President, a Vice President, a Presidential elector, or any Member of the Senate or any Member of the House of Representatives, Delegates or Commissioners from the Territories and insular possesions. (Aug. 2, 1939, 11:50 a. m. E. S. T., ch. 410, § 1, 53 Stat. 1147.)

8 61a. Administrative employees of United States or any State, use of official authority to influence elections. It shall be unlawful for (1) any person employed in any administrative position by the United States, or by any department, independent agency, or other agency of the United States (including any corporation controlled by the United States or any agency thereof, and any corporation all of the capital stock of which is owned by the United States or any agency thereof), or (2) any person employed in any administrative position by any State, by any political subdivision or municipality of any State, or by any agency of any State or any of its political subdivisions or municipalities (including any corporation controlled by any State or by any such political subdivision, municipality, or agency, and any corporation all of the capital stock of which is owned by any State or by any such political subdivision, municipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants made by the United States, or by any such department, independent agency, or other agency of the United States, to use his official authority for the purpose of interfering with, or affecting, the election or the nomination of any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Resident Commissioner from any Territory or insular possession. (Aug. 2, 1939, 11:50 a. m. E. S. T., ch. 410, § 2, 53 Stat. 1147; July 19, 1940, ch. 640, § 1, 54 Stat. 767.)

§ 61b. Political activity; promise of employment, compensation or other benefit. It shall be unlawful for any person, directly or indirectly, to promise any employment, position, work, compensation, or other benefit, provided for or made possible in whole or in part by any Act of Congress, to any person as consideration, favor, or reward for any political activity or for the support of or opposition to any candidate or any political party in any election. (Aug. 2, 1939, 11:50 a. m. E. S. T., ch. 410, § 3, 53 Stat. 1147.)

8 61c. Same; deprivation of employment, compensation or other benefit.—Except as may be required by the provisions of subsection (b), section 61h of this title, it shall be unlawful for any person to deprive, attempt to deprive, or-threaten to deprive, by many means, any person of any employment, position, work, compensation, or other benefit provided for or made possible by any Act of Congress appropriating funds for work relief or relief purposes, on account of race, creed, color, or any political activity, support of, or opposition to any candidate or any political party in any election. (Aug. 2, 1939, 11:50 a. m. E. S. T., ch, 410, $ 4, 53 Stat. 1147.)

8 61d. Assessments; contributions; solicitation from benefit recipients. It shall be unlawful for any person to solicit or receive or be in any manner concerned in soliciting or receiving any assessment, subscription, or contribution for any political purpose whatever from any person known by him to be entitled to or receiving compensation, employment, or other benefit provided for or made possible by any Act of Congress appropriating funds for work relief or relief purposes. (Aug. 2, 1939, 11:50 a. m. E. S. T., ch. 410, § 5, 53 Stat. 1148.)

§ 6le. List of benefit recipients; furnishing. It shall be unlawful for any person for political purposes to furnish or to disclose, or to aid or assist in furnishing or disclosing, any list or names of persons receiving compensation, employment, or benefits provided for or made possible by any Act of Congress appropriating, or authorizing the appropriation of, funds for work relief or relief purposes, to a political candidate, committee, campaign manager, or to any person for delivery to a political candidate, committee, or campaign manager, and it shall be unlawful for any person to receive any such list or names for political purposes. (Aug. 2, 1939, 11:50 a. m. E. S. T., ch. 410, § 6, 53 Stat. 1148.)

8 61f. Appropriations, official authority; use in coercing voters. -No part of any appropriation made by any Act, heretofore or hereafter enacted, making appropriations for work relief, relief, or otherwise to increase employment by providing loans and grants for public-works projects, shall be used for the purpose of, and no authority conferred by any such Act upon any person shall be exercised or administered for the purpose of, interfering with restraining, or coercing any individual in the exercise of his right to vote at any election. (Aug. 2, 1930, 11:50 a. m. E.S.T., ch. 410, $ 7,53 Stat. 1148.)

§ 61g. Penalties.-Any person who violates any of the provisions of sections 61-61f of this title upon conviction thereof shall be fined not more than $1,000 or imprisoned for not more than one year, or both. (Aug. 2, 1939, 11:50 a. m. E. S. T., ch. 410, $ 8, 53 Stat. 1148.)

8 61h. Executive employees; use of official authority; political activity; penalties.—(a) It shall be unlawful for any person employed in the executive branch of the Federal Government, or any agency or department thereof, to use his official authority or influence for the purpose of interfering with an election or affecting the result thereof. No officer or employee in the executive branch of the Federal Government, or any agency or department thereof, except a part-time officer or part-time employee without compensation or with nominal compensation serving in connection with the existing war effort, other than in any capacity relating to the procurement or manufacture of war material shall take any active part in political management or in political campaigns. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates. For the purposes of this section the term "officer" or "employee" shall not be construde to include (1) the President and Vice President of the United States; (2)

persons whose compensation is paid from the appropriation for the office of the President; (3) heads and assistant heads of executive departments; (4) officers who are appointed by the President, by and with the advice and consent of the Senate, and who determine policies to be pursued by the United States in its relations with foreign powers or in the Nation-wide administration of Federal Laws.

(b) Any person violating the provisions of this section shall be immediately removed from the position or office held by him, and thereafter no part of the funds appropriated by any Act of Congress for such position or office shall be used to pay the compensation of such person. (Aug. 2, 1939, 11:50 a. m, E. S. T., ch. 410, $ 9, 53 Stat. 1148; July 19, 1940, ch. 640, § 2, 54 Stat. 767; Mar. 27, 1942, 3 p. m. E. S. T., ch. 199, title VIII, § 701, 56 Stat. 181.)

8 61i. Federal employees; membership in political parties; penalties.-(1) It shall be unlawful for any person employed in any capacity by any agency of the Federal Government, whose compensation, or any part thereof, is paid from funds authorized or approriated by any Act of Congress, to have membership in any political party or organization which advocates the overthrow of our constitutional form of government in the United States.

(2) Any person violating the provisions of this section shall be immediately removed from the position or office held by him, and thereafter no part of the funds appropriated by any Act of Congress for such position or office shall be used to pay the compensation of such person. (Aug. 2, 1939, 11:50 a. m. E. S. T., ch. 410, § 9A, 53 Stat. 1148.) • § 61j. Effect on existing law. The provisions of this subchapter shall be in addition to and not in substitution for any other provision of law. (Aug. 2, 1939, 11:50 a. m. E. S. T., ch. 410, $ 10, 53 Stat. 1149; July 19, 1940, ch. 640, $ 3, 54 Stat. 767.)

§ 61k. Separability clause.-If any provision of sections 611-61k of this title, or the application of such provision to any person or circumstance, is held invalid, the remainder of said sections, and the application of such provision to other persons or circumstances, shall not be affected thereby. (Aug. 2, -1939, 11:50 a. m. E. S. T., ch. 410, § 11, 53 Stat. 1149.)

8611. Employees of State or local agencies financed by loans or grants from United States.-(a) Influencing elections; officer or employee defined.—(a) No officer or employee of any State or local agency whose principal employment is in connection with any activity which is financed in whole or in part by loans or grants made by the United States or by any Federal agency shall (1) use his official authority or influence for the purpose of interfering with an election or a nomination for office, or affecting the result thereof, or (2) directly or indirectly coerce, attempt to coerce, command, or advise any other such officer or employee to pay, lend, or contribute any part of his salary or compensation or anything else of value to any party, committee, organization, agency, or person for political purposes. No such officer or employee shall take any active part in political management or in political subjects and candidates. For the purposes of the second vote as they may choose and to express their opinions on all political subjects and candidates. For the purposes of the second sentence of this subsection, the term "officer or employee" shall not be construed to include (1) the Governor or the Lieutenant Governor of any State or any person who is authorized by law to act as Governor, or the mayor of any city; (2) duly elected heads of executive departments of any State or municipality who are not classified under a State or municipal merit or civilservice system; (3) officers holding elective offices.

(b) Investigations by Civil Service Commission; removal of employees; withholding grants from States. (b) If any Federal agency charged with the duty of making any loan or grant of funds of the United States for use in any activity by any officer or employment, and shall by registered mail notify such officer cable has reason to believe that any such officer or employee has violated the provisions of such subsection, it shall make a report with respect thereto to the United States Civil Service Commission (hereinafter referred to as the "Commission"). Upon the receipt of any such report, or upon the receipt of any other information which seems to the Commission to warrant an investigation, the Commission shall fix a time and place for a hearing, and shall by registered mail send to the officer or employee charged with violation and to the State or local agency employing such officer or employee a notice setting forth a summary of the alleged violation and the time and place of such hearing. At such hearing (which shall be not earlier than ten days after the mailing of such notice) either the officer or employee or the State or local agency, or both, may appear with counsel and be heard. After such hearing, the Commission shall determine whether any violation of such subsection has occurred and whether such violation, if any, warrants the removal of the officer or employee by whom it was committed from his office or employment, and shall by registered mail notify such officer or employee and the appropriate State or local agency of such determination. If in any case the Commission finds that such officer or employee has not been removed from his office or employment within thirty days after notice of a determination by the Commission that such violation warrants his removal, or that he has been so removed and has subsequently (within a period of eighteen months) been appointed to any office or employment in any State or local agency in such State, the Commission shall make and certify to the appropriate Federal agency an order requiring it to withhold from its loans or grants to the State or local agency to which such notification was given an amount equal to two years' compensation at the rate such officer or employee was receiving at the time of such violation; except that in any case of such a subsequent appointment to a position in another State or local agency which receives loans or grants from any Federal agency, such order shall require the withholding of such amount from such other State or local agency: Provided, That in no event shall the Commission require any amount to be withheld from any loan or grant pledged by a State

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