(b) exceeds his authority in making an arrest or a search and seizure. Comment Paragraph (a) makes a specific offense of the kind of misbehavior on the part of police or prison officials that has been most often dealt with under the vague terms of 18 U.S.C. § 242. It also covers all other official misuse of force. It dispenses with the need for proving the Screws-type specific intent to deprive the victim of federal constitutional rights. It applies equally to federal and state officials, to those purporting to exercise official authority, and to those private persons acting in concert with officials. Cf. United States v. Price, 383 U.S. 787 (1966) and Williams v. United States, 341 U.S. 97 (1951). Paragraph (b) retains in a more generalized form the misdemeanors regarding searches and seizures presently found in 18 U.S.C. §§ 2234 36. Note that "piggyback" jurisdiction (§ 201 (b)) will permit appropriate prosecution and punishment of offenses such as homicide, aggravated assault and kidnapping. General penal provisions against official oppression found in some state legislation, cf. A.L.I. Model Penal Code § 243.1, do not appear to be required in view of the fact that the flexible provisions of 18 U.S.C. §§ 241-42 are retained in proposed § 1511. PROTECTION OF POLITICAL PROCESSES § 1531. Safeguarding Elections. A person is guilty of a Class A misdemeanor if, in connection with any primary, general or special election, he: (a) makes or induces any false voting registration; (b) offers, gives or agrees to give a thing of pecuniary value to another as consideration for the recipient's voting or withholding his vote or voting for or against any candidate or issue or for such conduct by another; (c) solicits, accepts or agrees to accept a thing of pecuniary value as consideration for conduct prohibited under paragraphs (a) or (b); or (d) otherwise obstructs or interferes with the lawful conduct of such election or registration therefor. Comment This section accomplishes three things: (1) it makes a specific offense of vote frauds typically prosecuted under the general language of 18 U.S.C. §241; (2) it encompasses present 18 U.S.C. §597 (vote bribery); and (3) it embraces in its general language the obstruction of elections penalties of the Voting Rights Act of 1965, 42 U.S.C. § 1973i (c). However, it is not confined, as is § 1973i (c), to federal elections, but reaches all elections as do existing 18 U.S.C. §§ 241 and 245 (b) (1) (A). Paragraph (d) reaches subversion of the election process apart from impact on a particular voter's ballot, e.g., by ballot box stuffing, tampering with machines, corrupting election officials, suppressing absentee ballots. § 1532. Deprivation of Federal Benefits for Political Purposes. A person is guilty of a Class A misdemeanor if he intentionally withholds from or deprives another or threatens to withhold from or deprive another of the benefit of any federal program or federally-supported program, or a federal government contract, with intent to interfere with, restrain, or coerce any person in the exercise of his right to vote for any candidate or issue at any election, or in the exercise of any other political right. Comment This section derives primarily from 18 U.S.C. § 598, drawing some elements from 18 U.S.C. §§ 595, 601, and 605. The older legislation, speaking in obsolete terms of "work relief" appropriations, is generalized to prohibit the withholding or depriving of any federal benefit for the purpose of constraining the political freedom of the beneficiary thereof or others. § 1533. Misuse of Personnel Authority for Political Purposes. A federal public servant is guilty of a Class A misdemeanor if he discharges, promotes, or degrades another federal public servant, or in any manner changes or promises or threatens to change the official rank or compensation of another federal public servant, for giving or withholding or neglecting to make a contribution of money or other thing of value for any political purpose. Comment This section continues existing law under 18 U.S.C. § 606. The present maximum sentence of three years' imprisonment falls between the misdemeanor penalty proposed in the new Code for deterrent purposes and the longer maximum provided for Class C felonies with the goal of rehabilitation. Deterrent penalties seem appropriate and adequate for the offense defined here. § 1534. Political Contributions of Federal Public Servants. (1) Solicitation by Federal Public Servant. A federal public servant is guilty of a Class A misdemeanor if he solicits a contribution for any political purpose from another federal public servant, or if, in response to such a solicitation, he makes a political contribution to another federal public servant. (2) Solicitation in Federal Facility. Any person is guilty of a Class A misdemeanor if he solicits or receives a political contribution in a federal building or facility. Comment This section carries forward existing law as expressed in 18 U.S.C. §§ 602, 603, and 607, dropping, however, the provision of § 607 that appears to make it criminal for any federal employee to volunteer a political contribution to any other federal employee or to a Senator or Congressman. It would remain criminal to make such a contribution in response to a solicitation. The purpose here is to give the solicited employee a firm basis for resisting exactions. While the provisions may reach the limits of desirability and even constitutionality in restricting political rights (see Bagley v. Washington Twp. Hosp. Dist., 55 Cal. Rptr. 401, 421 P. 2d 409 (1967); Fort v. Civil Service Comm'n, 38 Cal. Rptr 625, 392 P. 2d 385 (1964); cf. United Public Workers v. Mitchell, 330 U.S. 75 (1947), it is nevertheless desirable to protect federal public servants from political coercion. § 1535. Troops at Polls. A public servant is guilty of a Class C felony if he orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election or primary election is held, unless such force be necessary to repel armed invasion or violent interference with the election process. Comment This section carries forward and modifies existing 18 U.S.C. § 592. It is designed to prevent intimidation of the electorate by the mere presence of armed forces at the polls. Although §§ 1501, 1511 (a) and 1531(d) of the proposed Code safeguard against actual intimidation of voters or interference with the conduct of an election, it was thought desirable to retain this longstanding specific safeguard against military presence at the polls. Title 18 U.S.C. § 593, concerning interference by armed forces in elections, has been dropped as unnecessary. Under 18 U.S.C. § 592, the only exception to the prohibition of military forces at the polls is where "such force be necessary to repel armed enemies of the United States." It seems appropriate to permit use of troops also where necessary to suppress violent interference with the election process; and this exception has been added. Compare also § 602 of the proposed Code, which provides a defense for behavior in execution of a public duty. POLITICAL CONTRIBUTIONS § 1541. Political Contributions by Specified Organizations and Others. (1) Contributor. A national bank, federal savings and loan association, corporation organized by authority of a federal or state statute, labor organization, or government contractor shall be guilty of a Class A misdemeanor if such organization or person makes a contribution or expenditure in connection with any primary, special, or general election, or political convention or caucus held to select candidates for political office. (2) Recipient. A person shall be guilty of a Class A misdemeanor if he knowingly solicits, accepts or agrees to accept any contribution prohibited by subsection (1). (3) Definitions. In this section: (a) "government contractor" means a person or organization contracting with the United States during the period of negotiation or performance on any contract to confer any service or benefit on the United States, other than a private citizen acting solely in that capacity and contracting for regular or part-time employment or provision of other personal services; (b) "labor organization” means an organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. Comment This section derives from 18 U.S.C. § 610, and substantially incorporates also 18 U.S.C. § 611 by including and defining "government contractors." The draft is broader than § 610 in two respects: federal savings and loan associations and government contractors are added to the list of entities; and the restraint applies to all entities with respect to all elections, whereas under § 610 the restraint on nonfederal corporations and unions is limited to federal elections. In reaching all elections this section follows 18 U.S.C. § 245 (b) (1) (A), revised as proposed § 1511. Criminal liability of individuals acting for an organization is dealt with under general provisions of the proposed Code, § 404. Title 18 U.S.C. §§ 608 and 609 are quite dissimilar to 18 U.S.C. § 610, although all deal with political contributions. Sections 608 and 609, which limit the amounts of expenditure, have not been effective because it is easy for contributors to stay within the specified maximum for separate contributions while making large aggregate contributions to a number of different candidates and committees. The Department of Justice reports no case of enforcement. Similarly, 2 U.S.C. § 248, which limits the amount of expenditure by candidates for Congress, has proved ineffective. Transfer of 18 U.S.C. §§ 608 and 609 out of Title 18 to Title 2 for restudy as a regulatory rather than penal offense is recommended. By contrast, 18 U.S.C. § 610 articulates a flat prohibition against any contribution by specified entities and does not require a regulatory approach. In practice it has been found useful. § 1542. Political Contributions by Agents of Foreign Principals. (1) Contributor. An agent of a foreign principal is guilty of a Class C felony if, directly or indirectly, in his capacity as such agent he knowingly makes a contribution or promises to make a contribution, in connection with any primary, special, or general election, or political convention or caucus held to select candidates for any political office. (2) Recipient. A person is guilty of a Class C felony if he knowingly solicits, accepts or agrees to accept any contribution prohibited by subsection (1). (3) Definitions. In this section: (a) "foreign principal" has the meaning prescribed in 22 U.S.C. § 611(b), but does not include a person who is a citizen of the United States; (b) "agent of a foreign principal” means a person who acts as an agent, representative, employee, or servant, or a person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal or of a person any substantial portion of whose activities are directly or indirectly supervised, directed, or controlled by a foreign principal. Comment This section carries forward 18 U.S.C. § 613 which, like 18 U.S.C. § 610, flatly prohibits political contributions from a specific source. Although it may be desirable to exclude the influence of "foreign money" on domestic politics, the effectiveness of the existing and proposed sections may be limited in view of: (1) the exclusion of American citizens, who may be living abroad and operating in fact for foreign commercial or governmental interests; (2) the general problem of proving an agency, which makes enforcement more difficult than under § 1541; (3) the problem of identification of "foreigners" in relation to expenditures by transnational enterprises, e.g., an American hold |