Summary
The Supreme Court held that a conspiracy by election officers to stuff a ballot box in a federal congressional election was prosecutable under § 19 of the Criminal Code, which protected voters’ rights to cast their ballots and have them honestly counted. The Court distinguished United States v. Bathgate and followed United States v. Mosley, reversing the district court’s judgments sustaining demurrers to the indictments. Justice Douglas, joined by Justices Black and Reed, dissented, reasoning that expansion of federal control over election fraud should be left to Congress.
Holdings
- Section 19 encompasses a conspiracy by election officers to prepare and cast fictitious ballots and thereby falsify the count of votes lawfully cast in an election for a member of Congress.
Questions Presented
- Whether § 19 of the Criminal Code, 18 U.S.C. § 51, encompasses a conspiracy by election officers to stuff a ballot box in an election for a member of Congress.
- Whether the alleged ballot stuffing constituted an infringement of voters' federally protected right to have their votes honestly counted.
Disposition
reversed
Cases Cited (10)
- United States v. Mosley, 238 U.S. 383 (1915)(followed)
- Ex parte Yarbrough, 110 U.S. 651 (1884)(cited)
- United States v. Classic, 313 U.S. 299 (1941)(cited)
- United States v. Bathgate, 246 U.S. 220 (1918)(distinguished)
- United States v. Gradwell, 243 U.S. 476 (1917)(cited)
- Ex parte Roberts, 244 U.S. 650 (1917)(cited)
- Hague v. C.I.O., 307 U.S. 496 (1939)(cited)
- Commonwealth v. Anderson, 151 Ky. 537, 152 S.W. 552 (1913)(cited)
- Tackett v. Commonwealth, 285 Ky. 83, 146 S.W.2d 937 (1941)(cited)
- Jerome v. United States, 318 U.S. 101 (1943)(cited)
Cited In (0)
No citing cases on record yet.
Court Document
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