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United States v. Salisbury

983 F.2d 1369 (1993)

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United States v. Salisbury

United States Court of Appeals for the Sixth Circuit
983 F.2d 1369 (1993)

KS

Facts

In 1990, Betty Salisbury (defendant) was a Republican party operative and committee chairperson in Pike County, Ohio. From April 1990 through the election in November 1990, Salisbury reportedly assisted Ohio voters in completing absentee ballots. The United States (plaintiff) charged Salisbury with multiple violations arising from her efforts to help voters. During the trial, witnesses reported that Salisbury frequently punched the absentee ballots of other voters, prevented voters from seeing the entire list of candidates while they were completing absentee ballots, and assisted a voter in completing absentee ballots on behalf of the voter and the voter’s sons, who all lived out of state. At the conclusion of the trial, Salisbury was acquitted of multiple charges, and a hung jury resulted in one charge being dismissed. Salisbury was convicted of one count of voting and assisting others in voting more than once in violation of 42 U.S.C. § 1973i(e) and 18 U.S.C. § 2. Salisbury was sentenced to 18 months of incarceration, a $1,000 fine, and two years of supervised release. Salisbury appealed the jury verdict, arguing that 42 U.S.C. § 1973i(e) was unconstitutional as applied to her case.

Rule of Law

Issue

Holding and Reasoning (Celebrezze, J.)

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