§ 611. — Voting by aliens.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC611]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 29--ELECTIONS AND POLITICAL ACTIVITIES
Sec. 611. Voting by aliens
(a) It shall be unlawful for any alien to vote in any election held
solely or in part for the purpose of electing a candidate for the office
of President, Vice President, Presidential elector, Member of the
Senate, Member of the House of Representatives, Delegate from the
District of Columbia, or Resident Commissioner, unless--
(1) the election is held partly for some other purpose;
(2) aliens are authorized to vote for such other purpose under a
State constitution or statute or a local ordinance; and
(3) voting for such other purpose is conducted independently of
voting for a candidate for such Federal offices, in such a manner
that an alien has the opportunity to vote for such other purpose,
but not an opportunity to vote for a candidate for any one or more
of such Federal offices.
(b) Any person who violates this section shall be fined under this
title, imprisoned not more than one year, or both.
(c) Subsection (a) does not apply to an alien if--
(1) each natural parent of the alien (or, in the case of an
adopted alien, each adoptive parent of the alien) is or was a
citizen (whether by birth or naturalization);
(2) the alien permanently resided in the United States prior to
attaining the age of 16; and
(3) the alien reasonably believed at the time of voting in
violation of such subsection that he or she was a citizen of the
United States.
(Added Pub. L. 104-208, div. C, title II, Sec. 216(a), Sept. 30, 1996,
110 Stat. 3009-572; amended Pub. L. 106-395, title II, Sec. 201(d)(1),
Oct. 30, 2000, 114 Stat. 1635.)
Prior Provisions
A prior section 611, acts June 25, 1948, ch. 645, 62 Stat. 724; Feb.
7, 1972, Pub. L. 92-225, title II, Sec. 206, 86 Stat. 10; Oct. 15, 1974,
Pub. L. 93-443, title I, Secs. 101(e)(2), 103, 88 Stat. 1267, 1272,
prohibited campaign contributions by government contractors, prior to
repeal by Pub. L. 94-283, title II, Sec. 201(a), May 11, 1976, 90 Stat.
496. See section 441c of Title 2, The Congress.
Amendments
2000--Subsec. (c). Pub. L. 106-395 added subsec. (c).
Effective Date of 2000 Amendment
Pub. L. 106-395, title II, Sec. 201(d)(3), Oct. 30, 2000, 114 Stat.
1636, provided that: ``The amendment made by paragraph (1) [amending
this section] shall be effective as if included in the enactment of
section 216 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-572). The
amendment made by paragraph (2) [amending section 1015 of this title]
shall be effective as if included in the enactment of section 215 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208; 110 Stat. 3009-572). The amendments made by
paragraphs (1) and (2) shall apply to an alien prosecuted on or after
September 30, 1996, except in the case of an alien whose criminal
proceeding (including judicial review thereof) has been finally
concluded before the date of the enactment of this Act [Oct. 30,
2000].''
