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virginia > Title 24.2 Elections > Election Offenses Generally; Penalties

§ 24.2-1007 Soliciting or accepting bribe to influence or procure vote

Statute

No person shall solicit or accept directly or indirectly any money or any thing of value to influence his or another’s vote in any election. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

This section applies to any election and to any method used by a political party for selection of its nominees and for selection of delegates to its conventions and meetings.

Code 1950, §§ 24-405, 24-452; 1952, c. 4; 1970, c. 462, § 24.1-272; 1976, c. 616; 1993, c. 641 .

Annotation: 10/16/2016 10:34 am

The prohibiiton on vote buying can’t interfere with rights of association under the 1st amendment. See Brown v. Hartlage, 456 U.S. 45, 55 (1982) (http://caselaw.findlaw.com/us-supreme-court/456/45.html).

Annotation: 10/12/2016 10:05 pm

As a criminal statue, this will be strictly construed and require a form of intent. The vast majority of Chapter 10 violations are prosecuted by Commonwealth Attorneys, except where a violation is alleged to involve operation of the State Board or a local electoral board which may involve action by the Attorney General, except where a violation is alleged to involve operation of the State Board or a local electoral board which may involve action by the Attorney General.

Definition [Political party]

An organization of citizens of the Commonwealth which, at either of the two preceding statewide general elections, received at least 10 percent of the total vote cast for any statewide office filled in that election. The organization shall have a state central committee and an office of elected state chairman which have been continually in existence for the six months preceding the filing of a nominee for any office.

Definition [Party]

An organization of citizens of the Commonwealth which, at either of the two preceding statewide general elections, received at least 10 percent of the total vote cast for any statewide office filled in that election. The organization shall have a state central committee and an office of elected state chairman which have been continually in existence for the six months preceding the filing of a nominee for any office.

Definition [Person]

Any individual or corporation, partnership, business, labor organization, membership organization, association, cooperative, or other like entity.

For the purpose of applying the filing and reporting requirements of this chapter, the term “person” shall not include an organization holding tax-exempt status under § 501(c) (3), 501(c) (4), or 501(c) (6) of the United States Internal Revenue Code which, in providing information to voters, does not advocate or endorse the election or defeat of a particular candidate, group of candidates, or the candidates of a particular political party.

Definition [Election]

A general, primary, or special election.