Well Mackey is, but read the article (or look it up yourself) - all he did was post humorous memes during the 2016 election that said things like "Hey, why wait in lines to vote for Hillary when you can vote by phone? Text *554465 to submit your vote."
So he's being prosecuted for trying to influence the election through misinformation or some such thing. In my opinion if you're so stupid to fall for something that you see on a meme then you're too stupid to vote. Yeah, there, I said it.