alternative base offense levels (18, 12, or 6) depending upon the
nature of the conduct involved in the offense. Specifically,
Section 2H2.1 reads as follows:
1. § 2H2.1: Obstructing an Election or Registration
(a) Base Offense Level (Apply the greatest):
(1) 18, if the obstruction occurred by use
of force or threat of force against
person(s) or property; or
(2) 12, if the obstruction occurred by
forgery, fraud, theft, bribery, deceit, or
other means, except as provided in (3)
below; or
(3) 6, if the defendant (A) solicited,
demanded, accepted, or agreed to accept
anything of value to vote, refrain from
voting, vote for or against a particular
candidate, or register to vote, (B) gave
false information to establish eligibility to
vote, or (C) voted more than once in a
federal election.
Most election frauds involve offenders who have schemed,
either by themselves or with others, to cause numerous illegal
ballots to be cast through such methods as forgery, fraud,
bribery, voter impersonation, multiple-voting, or ballot-box
stuffing. Such conduct falls within U.S.S.G. § 2H2.1(a)(2) and
calls for a base offense level of twelve. Relevant conduct, as
defined in U.S.S.G. § 1B1.3(a), should be considered in selecting
the appropriate base offense level.
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