unless death results, in which case the penalty is imprisonment for
any term of years or for life, or a sentence of death.
Prosecutions under Section 242 need not show the existence of
a conspiracy. However, the defendants must have acted illegally
“under color of law,” i.e., the case must involve a public scheme, as
discussed above. This element does not require that the defendant be a
de jure officer or a government official; it is sufficient if he or she
jointly acted with state agents in committing the offense, United
States v. Price, 383 U.S. 787 (1966), or if his or her actions were
made possible by the fact that they were clothed with the authority of
state law, Williams v. United States, 341 U.S. 97 (1951); United
States v. Classic, 313 U.S. 299 (1941).
Because a Section 242 violation can be a substantive offense for
election fraud conspiracies prosecutable under Section 241, the cases
cited in the discussion of Section 241 that involve public schemes
(i.e., those involving misconduct under color of law) apply to Section
242.
3. False Information in, and Payments for, Registering
and Voting: 52 U.S.C. § 10307(c)
Section 10307(c) makes it unlawful, in an election in which a
federal candidate is on the ballot, to knowingly and willfully: (1) give
false information as to name, address, or period of residence for the
purpose of establishing one’s eligibility to register or vote; (2) pay,
offer to pay, or accept payment for registering to vote or for voting; or
(3) conspire with another person to vote illegally. Violations are
punishable by imprisonment for up to five years.
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