that voters who merely signed ballots subsequently marked by the
defendant were not expressing their own electoral preferences).
While the presence of the ostensible voter when another
marks his or her ballot does not negate whatever crime might be
occurring, it thus may increase the difficulty of proving the crime.
This difficulty is compounded because those who commit this type of
crime generally target vulnerable members of society, such as persons
who are uneducated, socially disadvantaged, or impoverished and
dependent upon government services – precisely the types of people
who are likely targets for manipulation or intimidation. Therefore, in
cases when the voter is present when another person marks his or her
ballot, the evidence should show that the defendant either procured the
voter’s ballot through means that were themselves corrupt (such as
bribery or threats), or that the defendant marked the voter’s ballot
without the voter’s consent or input. United States v. Boards, 10 F.3d
587, 589 (8th Cir. 1993); Cole, 41 F.3d at 308.
JURISDICTIONAL SUMMARY
Under the Constitution, the states retain broad jurisdiction
over the elective process. When the federal government enters the
field of elections, it does so to address specific federal interests, such as:
(1) the protection of the voting rights of racial, ethnic, or languageminorities, a specific constitutional right; (2) the registration of voters to
vote in federal elections; (3) the standardization and procurement of
voting equipment purchased with federal funds; (4) the protection of
the federal election process against corruption; (5) the protection of the
voting process from corruption accomplished under color of law; and
(6) the oversight of non-citizen and other voting by persons ineligible
to vote under applicable state law.
Most federal election crime statutes do not apply to all
elections. Several apply only to elections in which federal candidates
are on the ballot, and a few require proof either that the fraud was
intended to influence a federal contest or that a federal contest was
affected by the fraud.
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