On the other hand, schemes that involve corruption of other political processes (i.e., political campaigning, circulation of nominating petitions, etc.) do not normally serve as the basis for a federal election crime. 2. Conduct that Constitutes Federal Election Fraud 7 The following activities provide a basis for federal prosecution under the statutes referenced in each category: • Paying voters for registering to vote, or for voting, in elections in which a federal candidate is on the ballot (52 U.S.C. § 10307(c), 18 U.S.C. § 597), or through the use of interstate facilities (such as the mails or of telephones) in those states in which vote-buying is a “bribery” offense (18 U.S.C. § 1952), as well as in federal elections 8 in those states in which purchased registrations or votes are voidable under applicable state law (52 U.S.C. § 20511(2)). • Conspiring to prevent voters from participating in elections in which a federal candidate is on the ballot, or when done “under color of law” in any election, federal or non-federal (18 U.S.C. §§ 241, 242). • Voting in federal elections for individuals who do not personally participate in, and assent to, the voting act As used throughout this book, the terms “federal election fraud” and “election fraud” mean fraud relating to an election in which a federal criminal statute applies. As will be discussed below, these terms are not limited to frauds aimed at corrupting federal elections. 7 For purposes of this book, the term “federal election” means an election in which the name of a federal candidate is on the ballot, regardless of whether there is proof that the fraud caused a vote to be cast for the federal candidate. A “non-federal election” is one in which no federal candidate is on the ballot. 8 23

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