Boards, 10 F.3d at 589 (holding that this definition
encompasses applying for an absentee ballot).
Thus, while the clearest use of Section 10307(e) is to prosecute
pure ballot forgery schemes, the statute can also apply to other types of
schemes when voters are manipulated, misled, or otherwise deprived
of their votes. See, e.g., Cole, 41 F.3d at 310–11 (witness believed the
defendant was merely registering her to vote, not helping her vote).
Schemes to steal the votes of the elderly, infirm, or economically
disadvantaged may constitute multiple-voting, especially if there is a
clear absence of meaningful voter participation. Because of their
vulnerability, these persons are frequent targets of ballot schemes, and
often do not even know that their ballots have been stolen or their
voting choices ignored. Further, if they have been intimidated, they
are generally reluctant to say so.
There is a significant evidentiary difference between voter
intimidation and multiple-voting that suggests that the multiple-voting
statute may become the preferred charging statute for voter
“assistance” frauds. Voter intimidation requires proof of a difficult
element: the existence of physical or economic intimidation that is
intended by the defendant. In contrast, the key element in a multiplevoting offense is whether the defendant voted the ballot of another
person without consulting with that person or taking into account his or
her electoral preferences.
In conclusion, if the facts show manipulation of “vulnerable
victims” as referenced in the sentencing guidelines for the purpose of
obtaining control over the victims’ ballot choices, the use of Section
10307(e) as a prosecutive theory should be considered.
5. Voter Intimidation
Voter intimidation schemes are the functional opposite of
voter bribery schemes. In the case of voter bribery, voting activity is
stimulated by offering or giving something of value to individuals to
induce them to vote or reward them for having voted. The goal of
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