Obstructing an Election or Registration

(a) Base Offense Level (Apply the greatest): (1) 18, if the obstruction occurred by use of force or threat of force against person(s) or property; or (2) 12, if the obstruction occurred by forgery, fraud, theft, bribery, deceit, or other means, except as provided in paragraph (3) below; or (3) 6, if the defendant (A) solicited, demanded, accepted, or agreed to ac- cept anything of value to vote, refrain from voting, vote for or against a particular candidate, or register to vote, (B) gave false information to establish eligibility to vote, or (C) voted more than once in a federal election. Commentary Statutory Provisions: 18 U.S.C. §§ 241, 242, 245(b)(1)(A), 592, 593, 594, 597, 1015(f); 52 U.S.C. §§ 10307, 10308(a), (b). For additional statutory provision(s), see Appendix A (Statutory Index). Application Note: 1. Upward Departure Provision.—If the offense resulted in bodily injury or significant property damage, or involved corrupting a public official, an upward departure may be warranted. See Chapter Five, Part K (Departures). Background: Alternative base offense levels cover three major ways of obstructing an election: by force, by deceptive or dishonest conduct, or by bribery. A defendant who is a public official or who directs others to engage in criminal conduct is subject to an enhancement from Chapter Three, Part B (Role in the Offense). Historical Note Effective November 1, 1987. Amended effective November 1, 1989 (amendment 168); November 1, 1995 (amendment 534); November 1, 2003 (amendment 661); November 1, 2015 (amendment 796); November 1, 2024 (amendment 831). * * * * * Guidelines Manual (November 1, 2024) ║ 233 §2H3.1 3. PRIVACY AND EAVESDROPPING