For federal jurisdictional purposes, there are two fundamental types of elections in which federal election crimes may occur: federal elections, in which the ballot includes the name of one or more candidates running for federal office; and non-federal elections, in which only the names of local or state candidates are on the ballot. Elections in which the ballot includes the names of both federal and non-federal candidates, often referred to as “mixed” elections, are “federal elections” for the purpose of the federal election crime statutes. 1. Statutes Applicable to Non-Federal Elections Several federal criminal statutes can apply to purely nonfederal elections, in addition to federal or mixed elections: • 52 U.S.C. § 10307(c) and § 20511(2)(A), and 18 U.S.C. § 1015(f) – any fraud that is aimed at the process by which voters are registered, notably schemes to furnish materially false information to election registrars; • 18 U.S.C. § 241 – any conspiracy to interfere with federal voting rights, and certain conspiracies involving state voting rights; • 18 U.S.C. § 242 – any scheme that involves the necessary participation of public officials, usually election officers or notaries, acting “under color of law,” which is actionable as a derogation of the “one person, one vote” principle of the 14th Amendment, i.e., “public schemes;”13 • 18 U.S.C. § 245(b)(1)(A) – physical threats or reprisals against candidates, voters, poll watchers, or election officials; 13 If a public scheme involves bribery or kickbacks, federal prosecutors should also evaluate whether a public scheme ma y b e c h a r g e d a s a deprivation of honest services. 18 U.S.C. §§ 1341, 1343, 1346. 31