On the other hand, schemes that involve corruption of other
political processes (i.e., political campaigning, circulation of
nominating petitions, etc.) do not normally serve as the basis for a
federal election crime.
2. Conduct that Constitutes Federal Election Fraud 7
The following activities provide a basis for federal prosecution
under the statutes referenced in each category:
• Paying voters for registering to vote, or for voting, in
elections in which a federal candidate is on the ballot (52
U.S.C. § 10307(c), 18 U.S.C. § 597), or through the use of
interstate facilities (such as the mails or of telephones) in
those states in which vote-buying is a “bribery” offense (18
U.S.C. § 1952), as well as in federal elections 8 in those
states in which purchased registrations or votes are
voidable under applicable state law (52 U.S.C.
§ 20511(2)).
• Conspiring to prevent voters from participating in
elections in which a federal candidate is on the ballot, or
when done “under color of law” in any election, federal
or non-federal (18 U.S.C. §§ 241, 242).
• Voting in federal elections for individuals who do not
personally participate in, and assent to, the voting act
As used throughout this book, the terms “federal election fraud” and
“election fraud” mean fraud relating to an election in which a federal criminal statute
applies. As will be discussed below, these terms are not limited to frauds aimed at
corrupting federal elections.
7
For purposes of this book, the term “federal election” means an election in
which the name of a federal candidate is on the ballot, regardless of whether there is
proof that the fraud caused a vote to be cast for the federal candidate. A “non-federal
election” is one in which no federal candidate is on the ballot.
8
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