Section 10307(c) that a pattern of corrupt conduct took place during a
mixed election; in that situation it is presumed that the fraud will
expose the federal race to potential harm. Slone, 411 F.3d at 647
(collecting cases).
Cases arising under this statute that involve corruption of the
process by which individuals register, as distinguished from the
circumstances under which they vote, present a different federal
jurisdictional issue that is easily satisfied. This is because voter
registration in every state is “unitary” in the sense that one registers to
vote only once in order to become eligible to vote for all candidates on
the ballot – local, state, and federal. Although a state could choose to
maintain separate registration lists for federal and non-federal
elections, at the time this book was written, no state had chosen to do so.
Consequently, any corrupt act that affects the voter registration
process and that can be reached under Section 10307(c) satisfies this
federal jurisdictional requirement. An excellent discussion of this
issue is contained in United States v. Cianciulli, 482 F. Supp. 585, 617–
18 (E.D. Pa. 1979).
(b) False information to an election official
The “false information” provision of Section 10307(c)
prohibits any person from furnishing certain false data to an election
official to establish eligibility to register or to vote in a federal election.
The statute applies to three types of information: name, address, and
period of residence in the voting district. See, e.g., United States v.
Collins, 685 F.3d 651, 653, 657 (7th Cir. 2012) (candidate established
residency using false address in order to vote and run for public office).
False information concerning other factors (such as citizenship, felon
status, and mental competence) are not covered by this provision. 17
17
Such matters may, however, be charged as conspiracies to encourage illegal
voting under the conspiracy clause of Section 10307(c); as citizenship offenses under,
inter alia, 18 U.S.C. §§ 911 and 1015(f); or under the broad “false information”
provision of 52 U.S.C. § 20511. These statutes will be discussed below.
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