(b) Election frauds involving the participation of voters The second category of election frauds includes cases in which the voters do participate, at least to some extent, in the voting acts attributed to them. Common examples include: • Vote-buying schemes; • Absentee ballot frauds; • Voter intimidation schemes; • Migratory-voting (or floating-voter) schemes; • Voter “assistance” frauds, in which the wishes of the voters are ignored or not sought. Successful prosecution of these cases usually requires the cooperation and testimony of the voters whose ballots were corrupted. This requirement presents several difficulties. An initial problem is that the voters themselves might be technically guilty of participating in the scheme. However, because the voters can often be considered victims, in appropriate cases federal prosecutors should consider declining to prosecute them in exchange for truthful cooperation against organizers of such schemes. The second difficulty encountered in cases when voters participate is that the voter’s presence alone may suggest that he or she “consented” to the defendant’s conduct (marking the ballot, taking the ballot, choosing the candidates, etc.). Compare United States v. Salisbury, 983 F.2d 1369, 1379 (6th Cir. 1993) (leaving unanswered the question whether a voter who signs a ballot envelope at the defendant’s instruction but is not allowed to choose the candidates has consented to having the defendant mark the ballot), with United States v. Cole, 41 F.3d 303, 308 (7th Cir. 1994) (finding 29