CITE
18 USC Sec. 611 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 29 - ELECTIONS AND POLITICAL ACTIVITIES
HEAD
Sec. 611. Voting by aliens
STATUTE
(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.
SOURCE
(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]."