As just discussed, registration to vote is “unitary,” i.e., a
single registration qualifies the applicant to cast ballots for all
elections. Thus, the jurisdictional requirement that the false
information be used to establish eligibility to vote in a federal election is
satisfied automatically whenever a false statement is made to get one’s
name on the registration rolls. See United States v. Bowman, 636
F.2d 1003, 1008 (5th Cir. 1981).
On the other hand, when the false data is furnished to poll
officials for the purpose of enabling a voter to cast a ballot in a
particular election (as when one voter attempts to impersonate
another), it must be shown that a federal candidate was being voted
upon at the time. In such situations, the evidence should show that the
course of fraudulent conduct could have jeopardized the integrity of the
federal race, or, at a minimum, that the name of a federal candidate
was on the ballot. United States v. Carmichael, 685 F.2d 903, 908–09
(4th Cir. 1982).
In United States v. Boards, 10 F.3d 587 (8th Cir. 1993), the
Eighth Circuit confirmed the broad reach of the “false information”
provision of Section 10307(c). The defendants in this case, and their
unindicted co-conspirators, had obtained and marked the absentee
ballots of other registered voters by forging the voters’ names on
ballot applications and directing that the ballots be sent to a post
office box without the voters’ knowledge. Id. at 588. The district court
incorrectly granted post-verdict judgments of acquittal as to those
counts in which the defendants’ roles were limited to fraudulently
completing an application for an absentee ballot, based on its
conclusions that: (1) the statute did not extend to ballot applications, (2)
the statute did not cover giving false information as to the names of
real voters (as opposed to fictitious names), and (3) the defendants
could not be convicted when the ballots were actually voted by an
unidentified co-conspirator. Id. at 589.
The court of appeals rejected each of these narrow
interpretations of Section 10307(c). It first held that an application for a
ballot falls within the broad definition of “vote” in the statute,
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