Technically, the equivalent would be you standing outside a polling place with a sign saying “I will give every adult in the area $500 if Candidate X wins”.
Ostensibly, you could just be lying (just like Trump) - and that would probably be covered under your 1st Amendment rights.
It’s stupid, but there is enough of a disconnect between action and reward that it might skirt past.
18 U.S.C. § 597 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 597.
Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate; and
Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote—
Shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both.
The first is paying someone to vote and is outlawed by the law you cited. The second has a disconnect between the money and the vote. Everyone gets the money, even those that voted for the other guy. Thus it might be legal.
Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate;
“I will give everyone money if I win” is offering money to people for voting. Voting for the candidate is implied, yes, but offering to pay everyone is still offering money to people for voting.
Sounds to me like this has to be tried in court (unless it has not already) for a legal president to be made, and thus decided if it is legal or not. IANAL
I didn’t realize Ayn Rand’s ghost had a lemmy account.
This isn’t broken at all. Unless you think every form of government social spending should be illegal, then you shouldn’t try to make it a felony for politicians to run for office promising to establish government programs or give people money through acts of Congress. You’re advocating for full on libertarianism.
I should look forward to Trump getting charged with that, then?
But more seriously, there would be countless lawyers happy to argue that a general statement such as “$500 to every adult in the county if John Smith wins” does not technically break that particular law because it’s not explicitly targeted at any one individual recipient, nor is it contingent on them participating in an election whatsoever.
Just as I’m also sure there would be more than one sympathetic Trump-appointed judge to side with the defendant too.
US laws mean nothing if they aren’t actively being followed.
Though this becomes wishy with politicians/parties. You offering to pay for people’s healthcare costs if they vote for your favourite candidate would probably be illegal, but a candidate promising to institute universal healthcare is just a campaign promise, so this law leaves a very legitimate open question of when something a candidate says stops being a campaign promise and starts being a legally problematic bribe, because ultimately all campaign promises boil down to “vote for me and I will do something good for you/something you like”.
You could very much argue that a candidate promising UBI is effectively not very different from what Trump promised.
Technically, the equivalent would be you standing outside a polling place with a sign saying “I will give every adult in the area $500 if Candidate X wins”.
Ostensibly, you could just be lying (just like Trump) - and that would probably be covered under your 1st Amendment rights.
It’s stupid, but there is enough of a disconnect between action and reward that it might skirt past.
No, that’s not how that works.
18 U.S.C. § 597 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 597.
Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate; and
Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote—
Shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both.
“I will give you money if you vote for me”
Is different from
“I will give everyone money if I win”
The first is paying someone to vote and is outlawed by the law you cited. The second has a disconnect between the money and the vote. Everyone gets the money, even those that voted for the other guy. Thus it might be legal.
“I will give everyone money if I win” is offering money to people for voting. Voting for the candidate is implied, yes, but offering to pay everyone is still offering money to people for voting.
Sounds to me like this has to be tried in court (unless it has not already) for a legal president to be made, and thus decided if it is legal or not. IANAL
Oh I’m REALLY playing devil’s advocate on this one
Promising everyone, no exceptions, 5k if you win, is kind of a campaign promise rather than a bribe.
I’m going to shower for 2 hours to get the stench off me now
That seems pretty straightforward. So the law is correct, it’s just useless because the system founded on these laws is broken.
I didn’t realize Ayn Rand’s ghost had a lemmy account.
This isn’t broken at all. Unless you think every form of government social spending should be illegal, then you shouldn’t try to make it a felony for politicians to run for office promising to establish government programs or give people money through acts of Congress. You’re advocating for full on libertarianism.
I should look forward to Trump getting charged with that, then?
But more seriously, there would be countless lawyers happy to argue that a general statement such as “$500 to every adult in the county if John Smith wins” does not technically break that particular law because it’s not explicitly targeted at any one individual recipient, nor is it contingent on them participating in an election whatsoever.
Just as I’m also sure there would be more than one sympathetic Trump-appointed judge to side with the defendant too.
US laws mean nothing if they aren’t actively being followed.
People in this thread forget that the Supreme Court already gave Trump immunity from prosecution.
Though this becomes wishy with politicians/parties. You offering to pay for people’s healthcare costs if they vote for your favourite candidate would probably be illegal, but a candidate promising to institute universal healthcare is just a campaign promise, so this law leaves a very legitimate open question of when something a candidate says stops being a campaign promise and starts being a legally problematic bribe, because ultimately all campaign promises boil down to “vote for me and I will do something good for you/something you like”.
You could very much argue that a candidate promising UBI is effectively not very different from what Trump promised.