Parallelsim in Either ..Or [usage]

[direstraits007]

Under the provisions of the United States Constitution and the laws of the United States, the Federal government cannot detain an American citizen indefinitely without cause and is required either to bring charges against the individual being held, in which case he is entitled to a lawyer, or that the government must release him.

A) that the government must release him

B) release him

C) to proceed in releasing him

D) the government must release him

E) they must release him

Source: PlatinumGMAT

I chose the option C, but the OA given is B. I chose C because it is parallel according to the "either..or" usage....For instance: either to X, or to Y.
But B is like "either to X, or Y. Is it the right usage or the OA is wrong?

I know during the parallelism, for multiple entries, we can remove [to] from subsequent entries. For instance:

I chose to eat, play, drink and sleep. [Right]
I chose to eat, to play, to drink and to sleep. [Excessively Wordy] // "to" can be removed.

So, Does the same rule apply to the "either..or", "not..but" etc, constructions ?

Please reply.

Thanks!

GeeMate.

[RonPurewal]

nope. the oa is wrong, and you are right.

EITHER and OR absolutely "lock in" the words that follow them. so, if "either" is followed by an entire infinitive, including to, then "or" must likewise be followed by an entire infinitive, with to.

[direstraits007]

nope. the oa is wrong, and you are right.

EITHER and OR absolutely "lock in" the words that follow them. so, if "either" is followed by an entire infinitive, including to, then "or" must likewise be followed by an entire infinitive, with to.

Thanks Ron for the clarification.

Thanks!

GeeMate.