Guide to Voter Fraud

8/8/2019 Guide to Voter Fraud

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by increasing the vote share o the avoredcandidate, depressing the vote share o the rivalcandidates, or both. Also called voter raud,the mechanisms involved include illegal voterregistration, intimidation at polls and improper

vote counting.

Campaigning Near Poll Tough the laws vary rom state to state, the law prohibits, among other things, electioneering,distributing election literature, and posting signspromoting any candidate or question to be voted oninside the building in which a polling place is locatedor within at least 25 eet o the building’s outer door.

Example:

“First Lady Michelle Obama appears to haveviolated Illinois law -- when she engaged in politicaldiscussion at a polling place!

Te drama began ater Mrs. Obama stopped o atthe Martin Luther King Center on the south side o Chicago to cast an early vote.

Ater nishing at the machine, Obama went back to

the desk and handed in her voting key.

She let voters including electrician Dennis Campbell,56, take some photos.

‘She was telling me how important it was to vote tokeep her husband’s agenda going,’ Campbell said.”

Tampering with Voting Machine Like most technology, voting machines can becomevulnerable to attack. From a switched memory card

to any ocial who or nearious reasons, duringan election or beore an election or ater, tampers

with a machine in order to change the outcome hascommitted voter raud. Tis includes damaging,deacing, or impairing in any orm. Citizens should

report any obvious tampering using the app.

Example:

“Computer Programmer testies that om Feeney tried to pay him to rig election vote counts.”

Voter Intimidation Voter intimidation involves putting undue pressureon a voter or group o voters so that they will vote

a particular way, or not at all. Absentee and otherremote voting can be more open to some orms o intimidation as the voter does not have the protectionand privacy o the polling location. Intimidation cantake a range o orms.

Violence or the threat of violence: In its simplestorm, voters rom a particular demographic or knownto support a particular party or candidate are directly threatened by supporters o another party or candidateor those hired by them. In other cases supporters o

a particular party make it known that i a particularvillage or neighborhood is ound to have votedthe ‘wrong’ way, reprisals will be made against thatcommunity. Another method is to make a generalthreat o violence, or example a bomb threat that hasthe eect o closing a particular polling place, thusmaking it dicult or people in that area to vote.

Attacks on polling places: Polling places in an areaknown to support a particular party or candidate may be targeted or vandalism, destruction or threats, thusmaking it dicult or impossible or people in that area

to vote.

Legal threats: In this case voters will be made to



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believe, accurately or otherwise, that they are notlegally entitled to vote, or that they are legally obliged to vote a particular way. Voters who are notcondent about their entitlement to vote may alsobe intimidated by real or implied authority gures

who suggest that those who vote when they are notentitled to will be imprisoned, deported or otherwisepunished. For example, in 2004, in Wisconsin andelsewhere voters allegedly received fyers that said,“I you already voted in any election this year, youcan’t vote in the Presidential Election”, implying thatthose who had voted in earlier primary elections wereineligible to vote. Also, “I anybody in your amily has ever been ound guilty o anything you can’t votein the Presidential Election.” Finally, “I you violateany o these laws, you can get 10 years in prison and

your children will be taken away rom you.” Anothermethod, allegedly used in Cook County, Illinois in2004, is to alsely tell particular people that they arenot eligible to vote.

Economic threats: In company towns in which onecompany employs most o the working population,the company may threaten workers with disciplinary action i they do not vote the way their employerdictates.

Examples:

New Black Panther Party

“Te discussion centers on whether the JusticeDepartment’s civil rights division mishandled alawsuit against members o the New Black PantherParty, which was led weeks beore the Obamaadministration took oce. Te suit was ocused onthe party and two o its members, who stood outront o a polling place in Philadelphia on ElectionDay 2008 wearing military gear. Tey were capturedon video and were accused o trying to discouragesome people rom voting. One carried a nightstick.”

Vote Buying Voters may be given money or other rewards orvoting in a particular way, or not voting. In some

jurisdictions, the oer or giving o other rewards

is reerred to as “electoral treating”. In Mexico,Queensland and several other places, voters willing tosell their vote are asked to take a picture o their ballot

with a cell phone camera to validate their payment.Vote buying may also be done indirectly, or exampleby paying clergymen to tell their parishioners to voteor a particular party or candidate. Vote buying isgenerally avoided by not providing a “receipt” or thecounted vote, even i it’s technically possible to do so.

Examples:

“Te New York Post reported that a Cleveland mansaid he was given cash and cigarettes by aggressive

ACORN activists in exchange or registering anastonishing 72 times. Te complaints have sparkedan investigation by election ocials into theorganization, whose political wing has supportedBarack Obama. Witnesses have already beensubpoenaed to testiy against the organization.”

Illegal Electioneering Illegal electioneering includes distributing or postingcampaign materials within the building where theelection is being held as well as the areas leading tothe polling place... It is also illegal or an electionocer or public employee to electioneer while in theperormance o his or her ocial duties.

Provisional Voting

Problems A provisional ballot is used to record a vote when there



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is some question in regards to a given voter’s eligibility. A provisional ballot would be cast when:

• Te voter reuses to show a photo ID (in regionsthat require one)

• Te voter’s name does not appear on the electoralroll or the given precinct.

• Te voter’s registration contains inaccurate or out-dated inormation such as the wrong address or amisspelled name.

• Te voter’s ballot has already been recorded

Whether a provisional ballot is counted is contingentupon the verication o that voter’s eligibility. Many voters do not realize that the provisional ballot is not

counted until 7-10 days ater election so their votedoes not aect the calling o the states to dierentcandidates.

A guarantee that a voter could cast a provisional balloti he or she believes that they are entitled to vote wasone o the guarantees o the Help America Vote Act o 2002.

o cast a provisional ballot, a person must executea provisional ballot armation beore a precinct

ocer at the polling place declaring that he/she is aregistered voter in the city or town and resides withinthe geographical boundaries o said precinct. Allprovisional voters must show suitable identicationshowing their name and current address.

Ater voting on a provisional ballot, the person placesit in a specially marked envelope, seals that envelopeand returns it to the precinct election ocial. Teballot will then be set aside until a determination o the person’s eligibility can be made.

Example:

Dierent states have dierent procedures for counting

or not counting provisional ballots that are cast inthe wrong precinct. Some states will not count theseballots, so it is important to go to the correct pollingplace on Election Day. In a study of Ohio and Florida amajority of provisional ballots thrown out were because

voters showed up at the wrong precinct, and castprovisional ballots -- and often are not told the ballots would not count unless cast in the correct precinct.

Poll Watcher/Worker Issues Te Poll Watcher May Not:

• Wear a name tag

• Wear anything or or against any candidate, party or position

• Use a cell phone inside polling location

• Possess any means o recording images or sound

• Watch a voter vote except when voter beingassisted by election ocials

• Converse with other poll watchers while electionin progress

• Reveal any inormation concerning the electionbeore the polls close. Examples: How a voterhas voted; Te number o votes or a candidate;



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abulation o votes; Whether a measure is passingor ailing; Te names o persons who have or havenot voted in the election.

• Signal, converse or communicate with any voter inany way regarding the election

• alk while election is in progress except to pointout an irregularity or violation.

• However, i the clerk reers the watcher to the judge, the watcher may not discus the matterurther with the clerk unless the presiding judgeinvites the discussion.

• Te Poll Watcher Must Be Permitted o:

• Observe all election activities perormed by the

election judges and clerks

• Sit or stand conveniently near election ocialsconducting the observed activity

• Make written notes while on duty. Documentnames, time and location o all concerns. (may berequired by Presiding Judge to leave notes behind

with another poll worker o your choice, i leavinglocation while polls are open)

• Point out to an election judge or clerk any

observed irregularity or violation o the exasElection Code. However, i the clerk reers the

watcher to the judge, the watcher may not discussthe matter urther with the clerk unless thepresiding judge invites the discussion.

• Observe assistance given to voters by electionocials

• Inspect the returns and other records prepared by the election ocers.

• Witness securing o the voting system equipmentat the time the polls close

• Receive an English translation o any languagespoken other than English between an electionocial and a voter

• Accompany the election ocial who deliverselection records (in a separate car)

Campaign Poll Workers • Poll workers must be outside 40 eet o any

entrance to the building in which the polling placeis located.

• Tere is no limit to the number or poll workersallowed outside the polling place.

• Poll workers cannot hinder or delay a person rom

entering or leaving a polling place.

• Loudspeakers cannot be used within 300 eet o any polling place.

• Political campaign supplies, including SampleBallots, may be distributed outside the 40 eetbut must contain the statement -- “Paid or and

Authorized by (name o candidate or name o candidate’s campaign committee or name o political party committee or name and address o person responsible)”.

• Paper ballots cannot be printed on white paperand must contain the words SAMPLE BALLOin type no smaller than twenty-our point.

• Machine ballots may be printed on white paperbut must also have SAMPLE BALLO.

• Voters are allowed to carry Sample Ballots andcampaign supplies into the polling place.



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Authorized Representative

• Each political party, independent or primary candidate is allowed a representative or each

registration book who may remain in the roomduring the election process. No more than threerepresentatives or each party, independent orprimary candidate are allowed in any one pollingplace.

• An authorized list o representatives should begiven to the local electoral board or chie ocer o election; or a written statement should be given toeach Representative to show at the polling place.Representatives can be set up on a shit basis by the

party or independent candidate.

• Te representative cannot in any way hinder ordelay a voter.

• Te representative cannot give or display a ballot,ticket or other campaign material.

• Te representative cannot infuence any person incasting his ballot.

• Te representative cannot hinder or delay any ocer o election.

• Te representative cannot sit at the registrationtable with the ocers o election but should beplaced behind the registration table.

• A representative may mark or write his own list o those who have voted. An ocer cannot provideany lists to representatives.

• A representative must be a qualied voter in thecity or county in which the polling place is located.

• As a qualied voter the representative may challenge a voter who is suspected or known not

to be duly qualied. Te challenged voter will beoered an oath by an ocer. I the voter subscribesto the oath he must be allowed to vote in thenormal manner. I the voter reuses to take the oathhe will not be allowed to vote. Challenges should

not be made rivolously. In a primary electiona person may not be challenged as to his party aliation.

• A voter who is educationally or physically unableto vote his own ballot may be assisted, i he sorequests, by an ocer o election or other person o his choice who is not his employer, an ocer o hisunion, nor an agent o his employer or union. Teperson assisting any such voter must take an oathto vote as the voter directs and not to reveal how the voter voted. Except or blind voters, all votersrequiring assistance must take an oath and vote inthe normal manner.

• Te ocers o election have the authority toremove any representative who does not adhere tothe aorementioned guidelines.

Representative At Close or Polls

• Each political party may have two representativesand an independent or primary candidate may have one representative at the polling place to

witness the counting o ballots and ascertainmento results.

• Again, the representative must be a qualied votero the city or county in which the polling place islocated.

• Representative must have a written statement

signed by his party chairman or the independent orprimary candidate he represents which should bepresented to the chie ocer o election.



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• Tis representative may be someone other than therepresentatives used while the polls are open.

• Te representative cannot leave until the nalresults are ascertained and the chie ocer o

election has opened the doors and announced theresults o the election. Tere are not exceptions tothis rule.

• Representatives may witness counting andascertainment o results but may not touch orhandle any ballot, voting machine or ocialdocument.

Shortage of Poll Watchers Laws vary by state but in general:

• o open, an ED should have at least one poll worker rom each o the two major politicalparties. I one is missing:

• Alert your Coordinator or call your county election oce to inorm them o the vacancies.

• I available, the Board will send standby poll workers to your site to make up or the shortage.Tese poll workers will bring a “Certicate to

Work” with them;

“Poll worker shortage causes worry: A shortageo at least 500,000 poll workers nationwide ortoday’s voting could contribute to long lines, cranky volunteers, late opening and closing o polling placesand the chance that results won’t be known untillong ater the polls close. About 1.4 million peoplehave been trained to serve as poll workers, about thesame as our years ago, according to the U.S. Election

Assistance Commission.

However, nearly 2 million poll workers are neededto deal with a possible heavy turnout, many rst-

time voters and unamiliar touch-screen machines inhundreds o counties, according to the commission.Te Associated Press reported that the shortage is acutein urban areas where workers should be able to speak multiple languages.”

Police Interference Police and law enorcement should not interere withthe commission o an election to prevent any voterrom casting a ballot.

Examples:

• Some groups think these activities are targeted atminorities:

• “Te placement o armed ocers at the polls will lead to widespread intimidation o voters, with a particularly negative impact on minority voters. Tis issue was highlighted during the 2000election in Florida, when police checkpoints near

Arican-American polling places scared some votersaway rom the polls. While we all are concernedabout security on Election Day, the use o armedocers must be avoided in all but the mostextreme cases. Tereore, we urge you to issue a

statement to election ocials across the country making clear that the use o armed personnel at thepolls is to be avoided, barring direct inormationabout a credible security threat at a particularlocation.”

Abnormally Long Lines In every election, some voters encounter practicalimpediments to voting, such as long lines at thepolling place. In 2004, however, the issue received

increased attention.Examples:



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• Long lines are an issue or a number o reasons butsome political parties will try to use the situationto keep polls open later or political gain.

• “Judge Ordered St. Louis Precincts Kept Open

Ater Voting Deadline Passed• Many people in the city o St. Louis, Mo., voted

ater the legal 7:00 p.m. voting deadline hadpassed last uesday because Missouri Circuit Court

Judge Evelyn Baker about an hour earlier orderedthat polling places be kept open.

• Tat ruling was reversed at 7:45 p.m. by a three- judge panel o state appeals court judges. Butthere are allegations rom many critics, includinga U.S. senator, that polling places remained open

even ater that. wo days ater the polls had nally closed, it was still undetermined how many latevotes had actually been cast.”

Obstructing a Poll worker Disorderly election conduct is willully: (a) Disturbingthe peace in or about any voting place on electionday; (b) leaving or attempting to leave a voting placein possession o any ballot, except as is specically

permitted by law; (c) approaching or remaining closerthan three eet to any voting booth, voting machineor table being used by an election board except asadmitted or the purpose o voting or by authority o the supervising judge; (d) interrupting, hindering orobstructing any person approaching any voting placeor the purpose o voting (e) engaging in any o thefollowing activities within 250 feet from the entranceof a polling place during the hours the polls are openon election day: (1) solicitation of contributions; or (2)conduct of advisory elections other than those specically

authorized by law, including the exercise of home rulepower, to be conducted by a county election ocer.

Example:

• A would-be voter in Pennsylvania was arrested ata polling place in Allentown, P.A. ater smashingan electronic voting machine with a paperweight,

according to poll workers.

Unlawfully Assisting a Voter A voter who inorms the warden that rom blindnessor other physical disability or inability to read or toread in the English language that they are unable toprepare their ballot or register their vote is entitled toreceive assistance to do so... Te voter may designate a

person o their choice to assist them. In the alternative,the voter can request that two election ocers, onerom each major party, accompany them into thevoting booth to assist them in completing their ballot....where a voter requests instruction or assistanceater entering the voting machine booth two electionocers o dierent political parties may instruct orassist the voter in the voting booth).

Examples:

• “In 2008, a judge dismissed another case in the

McAllen voter raud indictments rom 2006.wo years ater the son o a ormer McAllenmayor and nine other individuals were indicted inHidalgo County, the case ell apart. One indictedindividual pled guilty, but these charges against theothers were dropped. Te nine were indicted withvarious levels o vote raud ater it was reportedthat they had helped elderly people with theirballots and possibly infuenced their decisions.Others were accused o receiving money or votes.Te cases have been delayed several times already and most have been dismissed.



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• Te district attorney who was prosecuting thecase dropped the nal case in April 2010. District

Attorney René Guerra said that voter raud cases were dicult to prosecute and that some activity,such as possessing two ballots, should not be

illegal.”

Providing False Information on a Ballot Application Te voter application contains an adavit and i youprovide alse inormation on this application you canbe convicted o a elony and/or misdemeanor.

Examples:

• In an April 20 letter, the secretary o state oce’selections director, Ann McGeehan, asked theattorney general or help, citing evidence o ninepossible crimes. Tey included illegal voting,obstructing a poll watcher, unlawully assisting avoter and providing alse inormation on a ballotapplication.

A Word on Exit Polling • Exit polling occurs when polltakers question voters

about how they voted as they leave the pollingplace.

• No one is obliged to answer the questions o anexit poller.

• Te exit pollers might be media representatives,representatives o political parties, or campaign

workers.

• Exit polling may be conducted within 300 eet o the polling place but not within the actual pollingplace itsel.

• It is the responsibility o polltakers to make

arrangements with the polling location buildingowner.

• Exit pollers are prohibited rom engaging in any activities that would interere with the reedom o voters to enter or leave the polling place or to casttheir vote.



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Documents

Guide to Voter Fraud