CHAPTER 10. ELECTION OFFENSES

§1461. Bribery of voters; penalties

NOTE: Paragraph (A)(1) eff. until June 12, 2025, for certain purposes, and eff. until Jan. 1, 2026, for all other purposes. See Acts 2024, No. 640, Acts 2024, 1st Ex. Sess., No. 1, and Acts 2025, No. 386.

            A.(1) Bribery of voters is the giving or offering to give, directly or indirectly, any money, or anything of apparent present or prospective value, to any voter at any general, primary, or special election, or at any convention of a recognized political party, with the intent to influence the voter in the casting of his ballot. The acceptance of, or the offer to accept, directly or indirectly, any money, or anything of apparent present or prospective value, by any such voters under such circumstances shall also constitute bribery of voters.

NOTE: Paragraph (A)(1) as amended by Acts 2024, 1st Ex. Sess., No. 1, eff. June 12, 2025, for certain purposes, and eff. Jan. 1, 2026, for all other purposes. See Acts 2024, No. 640 and Acts 2025, no. 386.

            A.(1) Bribery of voters is the giving or offering to give, directly or indirectly, any money, or anything of apparent present or prospective value, to any voter at any election, or at any convention of a recognized political party, with the intent to influence the voter in the casting of his ballot. The acceptance of, or the offer to accept, directly or indirectly, any money, or anything of apparent present or prospective value, by any such voters under such circumstances shall also constitute bribery of voters.

            (2) Bribery of voters is also the giving or offering to give, directly or indirectly, any money or anything of apparent present or prospective value to secure or influence registration of a person or to secure or influence a person to sign or not sign a recall or other election petition.

            B. Whoever violates any provision of this Section shall be fined not more than four thousand dollars or be imprisoned, with or without hard labor, for not more than two years, or both, for the first offense. On a second offense, or any subsequent offense, the penalty shall be a fine of not more than ten thousand dollars or imprisonment at hard labor for not more than five years, or both.

            C. In the trial of persons charged with bribery of voters either the bribe-giver or the bribe-taker may give evidence, or make affidavit against the other, and may receive immunity from prosecution in favor of the first informer, except for perjury in giving such testimony.

            D. In addition to any other penalty imposed pursuant to this Section, the court may order restitution as a part of the sentence. Restitution may include payment for any costs incurred, including reasonable attorney fees, by a candidate who brought an action contesting an election wherein the court found that one or more of the votes cast in the contested election were illegal based on the actions of the defendant and the court changed the result of the election or ordered a new election to be held.

            Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1980, No. 786, §1, eff. Jan. 1, 1981; Acts 1994, 3rd Ex. Sess., No. 10, §1, eff. Jan. 1, 1995; Acts 1997, No. 353, §1; Acts 1997, No. 594, §1; Acts 1997, No. 752, §1; Acts 1999, No. 985, §1; Acts 2001, No. 1181, §1, eff. Jan. 1, 2002; Acts 2004, No. 889, §1, eff. Jan. 1, 2005; Acts 2005, No. 431, §1, eff. Jan. 1, 2006; Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2009, No. 570, §1, eff. Jan. 1, 2010; Acts 2010, No. 797, §1, eff. Jan. 1, 2011; Acts 2015, No. 347, §1; Acts 2019, No. 399, §1; Acts 2024, 1st Ex. Sess., No. 1, §1, eff. See Act; Acts 2024, No. 640, §2, eff. See Act; Acts 2025, No. 386, §§ 3, 7, eff. June 20, 2025.