voters can choose not to vote; that those who choose to vote have a right
not to have the voting process diluted with ballots that have been
procured through bribery; and that the selection of the nation’s leaders
should not degenerate into a spending contest, with the victor being the
candidate who can pay the most voters. See United States v. Blanton,
77 F. Supp. 812, 816 (E.D. Mo. 1948).
The bribe may be anything having monetary value, including
cash, liquor, lottery chances, and welfare benefits such as food
stamps. Garcia, 719 F.2d at 102. However, offering free rides to the
polls or providing employees paid leave while they vote are not
prohibited. United States v. Lewin, 467 F.2d 1132, 1136 (7th Cir.
1972). Such things are given to make it easier for people to vote,
not to induce them to do so. This distinction is important. For an
offer or a payment to violate Section 10307(c), it must have been
intended to induce or reward the voter for engaging in one or more acts
necessary to cast a ballot. Section 10307(c) does not prohibit offering
or giving things having pecuniary value, such as a ride to the polls or
time off from work, to help individuals who have already made up their
minds to vote to do so.
Moreover, payments made for some purpose other than to induce
or reward voting activity, such as remuneration for campaign work, do
not violate this statute. See United States v. Canales 744 F.2d 413,
423 (5th Cir. 1984) (upholding conviction because jury justified in
inferring that payments were for voting, not campaign work).
Similarly, Section 10307(c) does not apply to payments made to
signature-gatherers for voter registrations such individuals may
obtain. However, such payments become actionable under Section
10307(c) if they are shared with the person being registered.
Finally, Section 10307(c) does not require that the offer or
payment be made with a specific intent to influence a federal contest. It
is sufficient that the name of a federal candidate appeared on the ballot
in the election when the payment or offer of payment occurred. Slone,
411 F.3d at 647–48; McCranie, 169 F.3d a t 7 2 5 (payments to vote
for county commissioner); Cole, 41 F.3d a t 3 0 6 – 0 7 (unopposed
44