The use of the word “willfully” in Section 20511(2) i n d i c a t e s
t h a t federal prosecutors must be prepared to prove that the offender
was aware that he or she was doing something unlawful.
Section 20511(2) is also limited to conduct that occurs “in any
election for Federal office.” While the phrasing of this jurisdictional
element differs somewhat from the jurisdictional language used by
Congress in earlier election fraud statutes, the Department believes
that it was intended to achieve the same result. 30
(a) Fraudulent registration: § 20511(2)(A)
Subsection 20511(2)(A) prohibits any person, in an election for
federal office, from defrauding or attempting to defraud state residents
of a fair and an impartially conducted election by procuring or
submitting voter registration applications that the offender knows are
materially false or defective under state law. The scope of the statute
is broader than that of the “false information” provision of Section
10307(c), discussed above, which is limited to false information
involving only name, address, or period of residence. The statute
applies to any false information that is material to a registration
decision by an election official. For this reason, the provision is likely
to be the statute of preference for most false registration matters.
As already discussed, because registration to vote is unitary
in all states, in the sense that in registering to vote an individual
becomes eligible to vote in all elections, federal as well as nonfederal, the jurisdictional element is automatically satisfied in schemes
to submit fraudulent registration applications.
30
The earlier statutes, 52 U.S.C. §§ 10307(c) and (e), contain express
references to each federal office (Member of the House, Member of the Senate,
President, Vice President, presidential elector) and type of election (primary, general,
special) providing federal jurisdiction. The revised language seems to have been
intended as a less cumbersome rephrasing of the required federal nexus.
59