Buying or Selling Votes Under Federal Law (18 U.S.C. § 597)

Election Interference Charges, Penalties, Examples, and Defense Strategies

Federal law strictly prohibits attempts to influence a person's vote through money or anything of value.

Buying or Selling Votes Under Federal Law (18 U.S.C. § 597)

Under 18 U.S.C. § 597, it is a crime to offer, give, solicit, or accept compensation in exchange for voting, withholding a vote, or voting for or against a particular candidate.

These laws are designed to protect the integrity of elections and ensure that votes are cast freely, without coercion or financial influence. Violations can lead to serious criminal penalties, including fines and imprisonment.

If you're charged with a federal voting-related crime, consulting an experienced California criminal defense lawyer at Eisner Gorin LLP offers your best chance for a favorable result.

To arrange a consultation, call (818) 781-1570 or reach out to us here.

What Is Buying or Selling Votes?

Buying or selling votes refers to any arrangement where something of value is exchanged to influence a person's voting behavior.

This includes:

Paying someone to vote for a specific candidate
Offering gifts, services, or benefits in exchange for voting
Paying someone not to vote
Accepting money or compensation in exchange for a vote

The law applies equally to both sides of the transaction. This means both the person offering the benefit and the person accepting it can be charged.

What Does 18 U.S.C. § 597 Prohibit?

Federal law makes it illegal to:

Offer or provide money or anything of value to influence a vote
Encourage someone to vote, not vote, or vote a certain way in exchange for compensation
Solicit or accept compensation tied to voting decisions

Importantly, the law does not require that the vote was actually changed. The act of offering or accepting something of value with the intent to influence voting is enough to constitute a crime.

Elements of the Offense

To secure a conviction under 18 U.S.C. § 597, federal prosecutors must prove:

An expenditure was made, offered, solicited, or accepted
The expenditure involved something of value (money, goods, services, or benefits)
The purpose was to influence voting behavior

Intent plays a central role. The prosecution must show that the conduct was aimed at affecting how someone voted or whether they voted at all.

Examples of Vote Buying or Selling

Example 1
A campaign worker offers cash to individuals in exchange for voting for a specific candidate. This is a direct violation of federal law.

Example 2
A person accepts gift cards in exchange for agreeing not to vote in an election. This may qualify as selling a vote.

Example 3
An organization provides legitimate voter education materials without offering anything of value. This is lawful and does not violate the statute.

Penalties for Buying or Selling Votes (18 U.S.C. § 597)

Violation Type	Prison Sentence	Maximum Fine	Key Details
Non-Willful Violation	Up to 1 year in federal prison	Up to $100,000	Misdemeanor; intent to influence voting required, but not willful violation
Willful Violation	Up to 2 years in federal prison	Up to $250,000	Felony-level exposure; knowingly engaging in unlawful election interference
Offering Compensation	Same penalties as above	Same as above	Applies to those giving or offering money or value
Accepting Compensation	Same penalties as above	Same as above	Applies equally to recipients of payment or benefits
Aggravating Factors	Increased sentencing exposure	Higher fines possible	May include organized schemes, multiple voters, or related offenses

Key Takeaway

Federal law treats both offering and accepting compensation for votes as serious crimes. Even small payments can result in criminal charges, and willful violations significantly increase potential penalties.

Why Intent Matters

A key distinction in these cases is whether the conduct was willful. A willful violation means the person knowingly engaged in unlawful election interference.

While intent to influence voting is required, a person does not need to know the specific law they are violating. However, proving lack of intent can be a strong defense.

Common Types of Federal Election Crimes

Vote Buying or Selling (18 U.S.C. § 597)

Offering, giving, soliciting, or accepting money or anything of value in exchange for voting or not voting.

Voter Intimidation (18 U.S.C. § 594)

Using threats, coercion, or intimidation to influence a person's vote or prevent them from voting.

Interference by Government Officials (18 U.S.C. § 595)

Public officials using their authority to interfere with or influence an election.

Promise of Employment or Benefits (18 U.S.C. § 600)

Offering jobs, contracts, or benefits in exchange for political support or voting behavior.

Coercion of Political Activity (18 U.S.C. § 610)

Forcing or pressuring individuals to engage in political activity against their will.

Voting by Non-Citizens (18 U.S.C. § 611)

Non-citizens participating in federal elections where they are not legally permitted to vote.

How Federal Election Cases Are Investigated

Federal election crimes are typically investigated by:

Federal Bureau of Investigation (FBI)
U.S. Department of Justice (DOJ)
Federal Election Commission (FEC) (civil enforcement in some cases)

Investigations may involve:

Witness interviews
Financial transaction analysis
Digital communications review
Coordination with state and local agencies

Cases often arise during election cycles but can be investigated long after an election has occurred.

Defense Strategies in Vote Buying Cases

Defending against federal election charges requires a careful analysis of intent and evidence.

Lack of Intent to Influence

Showing that the payment or benefit was not connected to voting behavior.

Legitimate Purpose

Demonstrating that the conduct was part of lawful campaign activity, such as voter outreach or education.

Mistake of Fact

Arguing that the defendant believed the conduct was lawful and unrelated to influencing votes.

Entrapment

If law enforcement induced the conduct, entrapment may be a defense.

Insufficient Evidence

Challenging whether the prosecution can prove the required elements beyond a reasonable doubt.

Why These Charges Are Taken Seriously

Election integrity is a fundamental part of the democratic process. Federal authorities aggressively investigate and prosecute any conduct that may undermine free and fair elections.

Even minor or isolated incidents can lead to significant criminal exposure.

Frequently Asked Questions (FAQs)

Is it illegal to pay someone to vote?

Yes. Offering money or anything of value to influence a vote is a federal crime.

Can both parties be charged?

Yes. Both the person offering and the person accepting compensation can face charges.

Does the vote have to change for it to be a crime?

No. The intent to influence voting is enough, even if the vote does not change.

What counts as “something of value”?

Money, gifts, services, or any benefit can qualify under the law.

Are all campaign incentives illegal?

No. Lawful campaign activities that do not involve compensation tied to voting are permitted.

Get Legal Help for Federal Election Interference Charges

If you are under investigation or facing charges under 18 U.S.C. § 597, you are dealing with a serious federal offense that can carry lasting consequences.

An experienced federal criminal defense attorney can evaluate your case, challenge the evidence, and develop a strategy to protect your rights and future.

Contact a qualified attorney today for a confidential consultation and immediate legal guidance. Eisner Gorin LLP is here to help. Schedule your consultation today. Our law firm is based in Los Angeles.

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