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Voter Fraud

Voter Fraud. What it is – What it isn’t. Overview. Election laws are based on honesty and self-policing Candidates, Supporters, Parties and Media play a valuable role monitoring and reporting possible violations of the opposition or themselves

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Voter Fraud

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  1. Voter Fraud What it is – What it isn’t

  2. Overview • Election laws are based on honesty and self-policing • Candidates, Supporters, Parties and Media play a valuable role monitoring and reporting possible violations of the opposition or themselves • Those not familiar with laws, rules and policies can be hurtful by false accusations, innuendo or contain elements of the truth that become unrecognizable

  3. E.g.: Erroneous report of dead people voting in a county that was accepted as true with statewide coverage • Doesn’t take a lot of effort to make a candidate, party or issue look bad; it takes a lot of effort to get it right • Gather the facts, report it to either the County or State Board of Elections whichever has jurisdiction

  4. Top 10 Misperceptions of Voter Fraud“All lawful, but some are abused” • 10) Providing food to Election Workers • (Do not offer food to Judges & Assistants at the polling place) 9) Observers and runners 8) Voters with T-shirts or ball caps or stickers in the act of voting and not loitering 7) Curbside Voting 6) Video taping past the 50’ line - Could be issue if the facts show voter intimidation

  5. 5) For DRE screens, there is a default choice • Calibration issue or voter error 4) Marchers to the polls, buses, vans for assisted living or group homes – all lawful, some abuses 3) GOTV Haulers 2) Lawful Voter Assistance 1) Sample ballot or paper with candidates names brought and used only by the voter.

  6. Campaign Finance Misperceptions • 1) Any violation of Campaign Finance Laws invalidates an Election: • Legends • Signs (and verbiage) • Late Reports or incomplete/insufficient reports • All other violations Not True

  7. Most Frequent Campaign Finance Violations • 1) Missing or incorrect legend • 2) Failure to report In-Kind contributions • 3) Receiving Corporate, Business Entities, Labor Unions, Professional Associations, and Insurance Companies • 4) Cash contributions over the legal amount • 5) Anonymous and “pass the hat” contributions

  8. Less Frequent Campaign Finance Violations • 1) Giving over the limit • 2) Giving in the name of another • 3) Unlawful Expenditures of Contributions • 4) Fund-raising by Limited Contributor or Contributee during the legislative session • 5) Derogatory anonymous campaign flyers • 6) Even more rare – Failure to report airplane travel or incorrectly report airplane travel

  9. Best Advice • Take required Campaign Finance Training • In-person or on-line Review Article 22A of Chapter 163; Campaign Finance Manual; Refer to www.ncsbe.gov When needed, request an advisory opinion from the Executive Director pursuant to §163- 278.23

  10. Voter Registration Fraud • 1) Class I Felony to purposefully misrepresent any eligibility requirement – including age, felon status, and citizenship. Also name, address, and original signature • E.g.: examples of violations

  11. Class 2 Misdemeanor Voter Registrations Violations • 1) Communicate to applicant acceptance of application and fail to timely submit the application or destroy application • 2) Unlawful to sell or attempt to sell voter registrations • 3) Unlawful to change information on application prior to delivery to the Board of Elections

  12. Class 2 Misdemeanor Voter Registrations Violations • 4) Coerce applicant to mark party affiliation against desires • 5) Can not pre-mark voter registration without applicant’s permission • Examples

  13. Frequent Elections Violations • 1) Electioneering – failure to adhere to the 50’ line or designated buffer zone; authorized visits to the voting enclosure • 2) Aggressive Voter Assistance • In-Person voting • Mail Absentee • Private Homes • Nursing or Rest Homes • Bi-Partisan Election Teams • Possession and delivery of non-near relative • Mailing Absentee Packets

  14. 3) Video taping and pictures during the act of voting • 4) Giving something of value for a vote • Money, drugs, food, coupons, and alcohol (educational extra credit – not a violation, but poor judgment) 5) Residency issues

  15. Less Frequent • Felons voting • Non-citizens voting • Dead people voting • Double voting • Under aged voting • Publish or cause to circulate false information • Mailings • Robo calls • Craigslist

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