election, when the resources of those offices should be directed at
preparing ballots and staffing polling sites. It also risks overloading
voter rolls with “deadwood” names, which in turn undermines public
confidence in the election process. Thus, even when no fraudulent
votes result from bounty-hunting, the fraudulent registrations that
arise from this conduct are not victimless offenses. Federal
prosecutors should be cognizant of these circumstances and, when
evidence of fraudulent registrations inspired by bounty-hunting is
discovered, should consider prosecuting the individuals submitting
the false registrations, as well as, in appropriate circumstances, the
organizations that employ and pay them, under Section 10307(c).
(c) Vote-Buying
The clause of Section 10307(c) that prohibits vote-buying does
so in broad terms, covering any payment made or offered to a wouldbe voter “for registering to vote or for voting” in an election when the
name of a federal candidate appears on the ballot. 19 Section 10307(c)
applies as long as a pattern of vote-buying exposes a federal election to
potential corruption, even though it cannot be shown that the threat
materialized.
This aspect of Section 10307(c), is directed at eliminating
commercial considerations from the voting process. See United States
v. Thomas, 510 F.3d 714, 717 (7th Cir. 2007); United States v. Garcia,
719 F.2d 99, 102 (5th Cir. 1983); United States v. Mason, 673 F.2d
737, 739 (4th Cir. 1982); United States v. Bowman, 636 F2d. 1003,
1012 (5th Cir. 1981). The statute rests on the premises that potential
The federal criminal code contains another vote-buying statute, 18 U.S.C.
§ 597, which has a narrower scope and provides for lesser penalties than Section
10307(c). Section 597 prohibits making or offering to make an expenditure to any
person to vote or withhold his or her vote for a federal candidate. Non-willful
violations of Section 597 are one-year misdemeanors; willful violations are two-year
felonies. Section 597 and 5 2 U . S . C . § 10307(c) are distinct offenses, since each
requires proof of an element that the other does not. Whalen v. United States, 445
U.S. 684 (1980); Blockburger v. United States, 284 U.S. 299 (1932). Whereas
Section 597 requires that the payment be made to influence a federal election, Section
10307(c) requires that the defendant acted “knowingly and willfully.”
19
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