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defrauds, or endeavors to deprive or to defraud, by
any scheme or artifice, the inhabitants of a State of
the honest services of an official of that State, shall
be fined under this title, or imprisoned for not more
than 10 years, or both.
‘‘(2) FAIR AND IMPARTIAL ELECTIONS.—Who-
ever, in a circumstance described in paragraph (3),
deprives or defrauds, or endeavors to deprive or to
defraud, by any scheme or artifice, the inhabitants
of a State of a fair and impartially conducted elec-
tion process in any primary, run-off, special, or gen-
eral election—
‘‘(A) through the procurement, casting, or
tabulation of ballots that are materially false,
fictitious, or fraudulent, or that are invalid,
under the laws of the State in which the elec-
tion is held;
‘‘(B) through paying or offering to pay any
person for voting;
‘‘(C) through the procurement or submis-
sion of voter registrations that contain false
material information, or omit material informa-
tion; or
‘‘(D) through the filing of any report re-
quired to be filed under State law regarding an
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election campaign that contains false material
information or omits material information;
shall be fined under this title or imprisoned for not
more than 10 years, or both.
‘‘(3) CIRCUMSTANCES IN WHICH OFFENSE OC-
CURS.—The circumstances referred to in paragraphs
(1) and (2) are that—
‘‘(A) for the purpose of executing or con-
cealing a scheme or artifice described in para-
graph (1) or (2) or attempting to do so, a per-
son—
‘‘(i) places in any post office or au-
thorized depository for mail matter, any
matter or thing to be sent or delivered by
the Postal Service, or takes or receives
from any such post office or depository,
any such matter or thing, or knowingly
causes to be delivered by mail according to
the direction on the mail, or at the place
at which it is directed to be delivered by
the person to whom it is addressed, any
such matter or thing;
‘‘(ii) transports or causes to be trans-
ported any person or thing, or induces any
269
person to travel in or to be transported in,
interstate or foreign commerce; or
‘‘(iii) uses or causes the use of any fa-
cility in interstate or foreign commerce;
‘‘(B) the scheme or artifice affects or con-
stitutes an attempt to affect in any manner or
degree, or would if executed or concealed so af-
fect, interstate or foreign commerce; or
‘‘(C) in the case of an offense described in
paragraph (2), an objective of the scheme or ar-
tifice is to secure the election of an official who,
if elected, would have some authority over the
administration of funds derived from an Act of
Congress totaling $10,000 or more during the
12-month period immediately preceding or fol-
lowing the election or date of the offense.
‘‘(b) FEDERAL GOVERNMENT.—Whoever deprives or
defrauds, or endeavors to deprive or to defraud, by any
scheme or artifice, the inhabitants of the United States
of the honest services of an official of the United States
shall be fined under this title or imprisoned for not more
than 10 years, or both.
‘‘(c) OFFENSE BY AN OFFICIAL AGAINST AN EM-
PLOYEE OR OFFICIAL.—
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‘‘(1) CRIMINAL OFFENSE.—Whoever, being an
official of a State or the United States, directly or
indirectly, discharges, demotes, suspends, threatens,
harasses, or, in any manner, discriminates against
another official of a State or the United States, or
endeavors to do so, in order to carry out or to con-
ceal a scheme or artifice described in subsection (a)
or (b), shall be fined under this title or imprisoned
for not more than 5 years, or both.
‘‘(2) CIVIL ACTION.—(A) Any official who is
discharged, demoted, suspended, threatened, har-
assed, or in any other manner discriminated against
because of lawful acts done by the official as a result
of a violation of subsection (a) or (b) or because of
actions by the official on behalf of himself or herself
or others in furtherance of a prosecution under sub-
section (a) or (b) (including investigation for, initi-
ation of, testimony for, or assistance in such a pros-
ecution) may, in a civil action, obtain all relief nec-
essary to make such individual whole, including—
‘‘(i) reinstatement with the same seniority
status the official would have had but for the
violation of paragraph (1);
‘‘(ii) 3 times the amount of back pay;
‘‘(iii) interest on the back pay; and
271
‘‘(iv) compensation for any special dam-
ages sustained as a result of the violation of
paragraph (1), including reasonable litigation
costs and reasonable attorney’s fees.
‘‘(B) An individual is not eligible for relief
under subparagraph (A) if that individual partici-
pated in the violation of subsection (a) or (b) with
respect to which such relief is sought.
‘‘(C) A civil action or proceeding authorized by
this paragraph shall be stayed by a court upon the
certification of an attorney for the Government that
prosecution of the action or proceeding may ad-
versely affect the interests of the Government in a
pending criminal investigation or proceeding. The at-
torney for the Government shall promptly notify the
court when the stay may be lifted without such ad-
verse effects.
‘‘(d) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘official’ means—
‘‘(A) in the case of an official of a State—
‘‘(i) any person employed by, exercis-
ing any authority derived from, or holding
any position in the government of a State,
including any department, independent es-
tablishment, commission, administration,