CONSTITUTIONAL LAW - FEDERAL ELECTION LAWS - PRIMARY ELECTIONS

Several members of the New Orleans Board of Commissioners of Elections were indicted on charges of having fraudulently altered and counted numerous votes in a Louisiana primary election to nominate a candidate of the Democratic Party for representative in the United States Congress. The indictments were brought under sections 19 and 20 of the Criminal Code of the United States which make it a criminal offense to injure or deprive a citizen of any right or privilege secured to him under the Constitution. The defendants were alleged to have conspired together to deprive citizens in Louisiana of the right to vote at a Congressional election for a United States representative, and of the right to have their ballots counted for the candidate of their choice. The district court sustained a demurrer to all counts on the ground that the statute was not applicable to the facts presented. The government appealed to the Supreme Court. Held, the decision of the district court should be reversed on the ground that the allegations stated a cause of action under the Criminal Code. United States v. Classic, 313 U.S. 299, 6r S. Ct. 1031 (1941)