Juliette Kayyem on ballot box fire: Prosecutor should not allow bail. Big perp walk. This box is tied to swing district.

[onenote]

16. Agreed. But sadly, I could see some judge interpreting that provision as not applying.

On its face it applies to the destruction, defacement, mutilation or other alteration of the marking of a paper ballot which has been cast in an election where those actions are taken within a year following the election. While the law should be interpreted to apply to this situation on the theory that once early voting starts, the election has started and any ballots deposited in an early voting ballot box have been "cast" in that election, and therefore charges under that section should be brought, given some of the decisions I've seen involving voting, such as the recent decision holding that mailed ballots, even if postmarked before the election, can't be counted if received after election day, I wouldn't be surprised if some judge tried to interpret the provision as not applying to early ballots.