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Original Knights Of The Ku Klux — Part 2
Page 176
176 / 208
fn
“The pov er in either case arises out of the‘vir-
cunstance that the function in which the party is
engaged or the right which he is about to exer- Loe
cise is dependent on the laws of the United States. ©: °-
“In both cases it is the duty of that government .
to see that he may exercise this right freely and
to protect him from violence while so doing or
on account of so doing.. This duty does not arise
solely from the interest of the party concerned,
but from the necessity of the government itself,
that its service shall he free from the adverse
influence or force and fraud practiced on its
agents, and that the votes by which its menbers
of Congress and its President are elected shall
he the free votes of the electors, and the officers
thus chosen the free and uncorrupted choice of
these who have the right to take part in that
choice," . : :
Since it is the purity of the federal political process that must
’ be protected, the protection may ay be extended against interference
————eee
with any activity having a ratimalrelationship with the federal
Folitical process. Thus, the "rationale of Yarbrough indicates
congress.onal power over voting, though limited to federal elec-
tions, extends to voter registration activities", including
registration rallies, voter education classes, and other activities
intended to encourage registration.
Burroughs is one of a number of cases dealing with corrupt *
election practices which go far beyoné the act of voting in 4n
Oidisel tarreut 7: * ; : Baetd
‘election. Thess ket operate on the campaigning stage rather than
the voting stage and apply to private persons having no part in the
@lection machinery. In Burroughs the contention was made that
‘under Article II, Section 1 the states control the manner of
- appointing presidential electors; Congress is limited to prescribing
‘ the time of choosing electors and the day on which they cast their
votes. In upholding the validity of the Federal Corrupt Practices
Act of 1925, the Court, relying on Yarbrough, said:
“While presidential electors are not officers or
agents of the federal government . .., they
exerc’.se federal functions under, and discharge
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