The prosecution of voter suppression schemes represents an
important law enforcement priority, and such schemes should be
aggressively investigated.
Unless Congress enacts a statute
specifically criminalizing this type of conduct, 18 U.S.C. §§ 241 and
242 are the appropriate prosecutive tool by which to charge provable
offenses.
7. Fraudulent Registration or Voting: 52 U.S.C.
§ 20511(2)
This provision was enacted as part of the National Voter
Registration Act of 1993 (NVRA). As discussed above, Congress
enacted the NVRA to ease voter registration requirements throughout
the country. The major purpose of this legislation was to promote the
exercise of the franchise by replacing diverse state voter registration
requirements with uniform and more convenient registration options,
such as registration by mail, when applying for a driver’s license, and at
various government agencies.
In addition, the NVRA sought to protect the integrity of the
electoral process and the accuracy of the country’s voter registration
rolls. To further these goals, a criminal statute was enacted that
specifically addressed two common forms of electoral corruption:
intimidation of voters (52 U.S.C. § 20511(1), (discussed above), and
fraudulent registration and voting (52 U.S.C. § 20511(2)). Violations
are subject to imprisonment for up to five years.
With respect to fraudulent registration and voting, Section
20511(2) criminalizes submitting voter registrations or ballots that
contain materially false information with knowledge of the falsity.
E.g., United States v. Prude, 489 F.3d 873, 874–75 (7th Cir. 2007)
(affirming conviction of disenfranchised felon who voted after notice
of her ineligibility).
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