The Supreme Court observed in McNally that deceit concerning the quality and value of a commodity or service remains within the scope of Section 1341: We note that as the action comes to us, there was no charge and that the jury was not required to find that the Commonwealth itself was defrauded of any money or property. It was not charged that in the absence of the alleged scheme the Commonwealth would have paid a lower premium or secured better insurance. McNally, 483 U.S. at 360 (emphasis added). Election fraud schemes involve an aspect of material concealment insofar as the “value” of the services the public is paying for are concerned: the public “hired” the candidate because it was falsely led to believe this candidate received the most valid votes, or (at least in part) because it believed the candidate did not engage in illegal fundraising activities, and consequently received services from an individual that were thus of lower value. This “salary theory” of post-McNally mail or wire fraud has been applied to election frauds in only a few cases to date, with mixed results. The Fifth and Sixth Circuits have outright rejected the theory in the election fraud context. United States v. Ratcliff, 488 F.3d 639, 647 (5th Cir. 2007) (candidate lied to election ethics board about illegal campaign loans); United States v. Turner, 459 F.3d 775, 784– 90 (6th Cir. 2006) (defendant fraudulently concealed illegal contributions and bribed voters to vote for candidate). District courts have split on whether the theory is viable in prosecuting election fraud. Compare United States v. Schermerhorn, 713 F. Supp. 88, 92 (S.D.N.Y. 1989) (scheme to conceal that state senate candidate was being financed by organized crime in violation of state campaign financing laws held actionable under the salary theory); United States v. Webb, 689 F. Supp. 703, 707 (W.D. Ky. 1988) (scheme to fraudulently elect sheriff by procuring false absentee ballots held actionable under the salary theory), with Westchester Cnty. Indep. Party v. Astorino, No. 13–CV–7737 (KMK), 2015 WL 5883718, at 69