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United States v. Cole

41 F.3d 303 (1994)

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United States v. Cole

United States Court of Appeals for the Seventh Circuit
41 F.3d 303 (1994)

KS

Facts

Davis Cole (defendant) worked as a deputy voter registrar in Springfield, Illinois. Cole’s duties included registering voters and helping voters obtain absentee ballots. In March 1990, Cole was a Democratic candidate in the primary election for a precinct committeeman and ran against and ultimately beat the incumbent, Edna Tyler. Cole won the primary with 100 votes to 75 votes for Tyler. A total of 88 votes were cast by absentee ballot. The United States (plaintiff) brought charges against Cole over his activities in assisting voters with absentee ballots. At trial, witnesses testified about the efforts of Cole and others, on behalf of Cole, to influence the witnesses’ votes. Absentee-ballot voters claimed they signed their own ballots; however, Cole made the punch to indicate the vote. Other voters testified that they were given cigarettes, alcohol, or, in one instance, a dollar by Cole and his affiliates. After a jury trial, Cole was convicted on one count of conspiracy to commit election fraud in violation of 18 U.S.C. § 371 and one count of multiple voting in violation of 42 U.S.C. § 1973i(e). Cole appealed.

Rule of Law

Issue

Holding and Reasoning (Godbold, J.)

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Casebooks

Election Law

Key Terms