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. 38

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