Case: Anderson v. United States of America

During a May 12, 1970 election in Logan County West Virginia to nominate candidates for the United States Senate, United States House of Representatives, and various state and local offices, Petitioners manipulated elected officials of the precinct to cast false and fictitious votes to secure the nomination of Okey Hager for the County Commissioner office. Also on the same ballot were candidates for federal office, a Senator and Representative that were running for reelection to their seats.  Petitioners casted about 100 false votes.  The officials destroyed the poll slips by throwing them into the river, making it difficult to trace the number of persons who actually voted. During the process of Petitioner's election conspiracy, false votes were cast for Okey Hager, the preferred local candidate.  Included on the same ballot were state and federal office election selections. Because of this inclusion, state and federal candidates' election results were also affected by the results of the ballot box stuffing. Petitioners succeeded in getting their chosen candidate elected to the County Commissioner office and the results were certified two weeks after the election. After losing the election, the opposing candidate contested the results; however, no official challenge was made and the results became final on May 27, 1970. 

At the District Court level, Petitioners were tried, convicted and charged with casting fictitious votes for candidates for federal, state and local offices in a primary election at the district court level. Because of the stuffing of the ballot boxes and the physical damage to the ballots, Petitioners altered the results of the election.  As a result of Petitioners' fraudulent action, the value of the legal votes cast was devalued violating 18. U.S.C. § 241. Here, the election officials were found to have perjured themselves at the hearing. Even though Petitioners contended that Section 241 only pertained to local and state elections, the convictions were affirmed by the Court of Appeals, Fourth Circuit, 481 F.2d 685.

One issue addressed in the Court of Appeals was whether the Court needed to revisit the lower court's decision, because the indictment and evidence in District Court hearing already proved that the purpose of conspiracy was the casting and counting of fraudulent votes in the election of federal offices.  The Court of Appeals held that the evidence amply supported the verdict that each of the petitioners engaged in the conspiracy with the intent of having false votes cast for the federal candidates. United States v. Saylor, 322 U.S. 385 (stuffing the ballot-box with forged votes -- an act which guaranteed that the electoral count would not represent the will of the people -- was found to dilute votes cast by qualified electors in a federal election); United States v. Classic, 313 U.S. 299 (holding that election officials acted under color of state law when they, in the course of their official duties, willfully altered and falsely counted the ballots of voters in a primary election); Ingram v United States, 360 U.S. 672 (“[c]onspiracy to commit a particular substantive offense cannot exist without at least the degree of criminal intent necessary for the substantive offense itself”).  

Secondly at issue was whether Section 241 included conspiracies involving state action to cast false votes in state and local elections, not only in federal elections as Petitioners claim. out-of-court statements were admissible under basic principles of the law of evidence and conspiracy, regardless of whether or not Section 241 encompasses conspiracies to cast fraudulent votes in state and local elections. United States v. Guest, 383 U.S. 745 (holding that rights under equal protection clause arise only when actor is state or conduct is under color of state law); United States v. Price, 383 U.S. 787 (interpreting § 241 and "color of the law").

The Court of Appeals rejected Petitioners' claims and affirmed the previous convictions set by the lower courts.