In the United States v. Kelly et al., 1951, the Supreme Court ruled on a case involving fraudulent voting practices in Georgia. The defendants were charged with conspiring to defraud the U.S by altering and falsifying absentee ballots during a primary election for Congress. They argued that federal courts had no jurisdiction over their actions as they occurred within state elections, not federal ones. However, the court disagreed stating that while states have power to regulate their own elections, this does not exclude them from being subject to federal law if those regulations infringe upon federally protected rights such as fair voting procedures in congressional elections. Therefore, it was held that any conspiracy aimed at corrupting or diluting votes cast for candidates of Congress is punishable under Section 241 of Title 18 of United States Code even though it involves action in connection with a primary or other nominating procedure conducted by a State.

In the dissenting opinion for United States v. Kelly et al., Justice Douglas argued that the majority's decision to uphold convictions based on a conspiracy to defraud the U.S. government by obstructing its functions was an overreach of federal power. He contended that this interpretation expanded the scope of conspiracy law beyond its intended limits, potentially criminalizing any act which might interfere with governmental function, regardless of whether it involved fraud or deceit. Furthermore, he expressed concern about potential infringement upon state rights and individual liberties due to such broad application of federal law enforcement authority. This case involved defendants who were convicted for their role in a scheme involving illegal liquor sales and tax evasion; however, Douglas believed these crimes should have been prosecuted under specific statutes rather than through expansive interpretations of conspiracy laws.