Last Updated on: 15th December 2023, 11:20 am

Is Voter Fraud a Federal Crime?

Voter fraud has become a hot topic in recent years, with claims from some that it is rampant and rigging elections, while others argue instances are rare. But is it actually a crime on the federal level? Let’s take a look.

What Exactly is Voter Fraud?

Voter fraud refers to illegal interference with the process of an election. This could involve a few different activities:

• Voting more than once in an election
• Voting when you are not eligible (like if you don’t live in the district or are not a citizen)
• Voting under someone else’s name (like a dead person or someone who doesn’t plan to vote)
• Changing or destroying someone else’s ballot
• Buying votes
• Intimidating or bribing voters

So voter fraud involves dishonestly influencing the outcome of an election through illegal means. There are also other types of election fraud not directly related to individual votes, like tampering with voting machines or miscounting ballots, but those aren’t considered voter fraud specifically.

Is Voter Fraud a Federal Crime?

Whether voter fraud is a federal crime or not depends on the specific act. Some types of voter fraud are prosecuted at the federal level, while others are left to the states.

Federal Voter Fraud Laws

Here are some of the main federal laws relating to voter fraud and election tampering:

• The Federal Election Campaign Act prohibits vote buying and selling in federal elections.
• The Intimidation of Voters Act bans intimidating or coercing voters in federal elections.
• The National Voter Registration Act prohibits knowingly submitting false voter registration information like fake names or addresses.
• The Federal Corrupt Practices Act prohibits voting more than once in federal elections.
• The Civil Rights Act bans interfering with someone’s right to vote based on their race.

Violating these laws can lead to fines up to $10,000 and jail time up to five years. The Department of Justice (DOJ) has prosecution guidelines for election crimes like voter fraud.

State Voter Fraud Laws

For elections at the state and local levels, each state has its own laws prohibiting voter fraud and election tampering. Punishments vary widely by state from small fines to many years in prison.

Some common state voter fraud laws include:

• Laws against voting in someone else’s name or voting more than once
• Laws against voting if you are a convicted felon or otherwise ineligible
• Laws against buying, selling, or exchanging votes for money or favors
• Laws against destroying, altering, or hiding ballots
• Laws against voting illegally as a non-citizen
• Laws against coercing or intimidating voters

States have primary responsibility for investigating and prosecuting voter fraud in state and local elections. But federal prosecutors can also sometimes bring charges under federal laws against corruption in local elections.

Recent Controversies Over Voter Fraud

Despite all these laws against voter fraud, there is a lot of debate these days over how much of a problem it really is. Some people claim voter fraud is rampant and rigging close elections. Others argue proven cases are rare and tough laws just disenfranchise voters. What’s the real deal?

Claims of Widespread Voter Fraud

In recent years, many politicians have warned of widespread voter fraud by ineligible voters like illegal immigrants and dead people. For example, President Trump claimed millions voted illegally in 2016 and set up a commission to investigate. Some advocates want stricter voter ID and eligibility laws to prevent fraud.

But multiple investigations have struggled to substantiate claims of large-scale fraud. The 2016 Trump commission disbanded after finding no evidence of millions of illegal votes. Some studies estimate ineligible voting is only a tiny fraction of ballots cast. There are isolated cases, but fraud seems too small and uncoordinated to tip most elections.

Concerns About Voter Suppression

On the other hand, many voting advocates argue that exaggerating the threat of voter fraud is an excuse to pass restrictive laws that make voting harder, especially for disadvantaged groups. Things like voter ID laws, purging voter rolls, reduced early voting, and strict registration rules disproportionately prevent eligible voters from casting ballots.

For example, up to 11% of Americans lack government photo IDs required to vote in some states. That impacts the poor, disabled, minorities, and elderly most. Strict ID laws seem to reduce turnout by 2-3% in elections, skewing outcomes.

So while voter fraud itself may be rare, excessive fears of it can enable voter suppression tactics that damage democracy. There are debates around balancing fraud prevention with access to the polls.

When Does Voter Fraud Become a Federal Case?

The bottom line is voter fraud at the federal level, like in Congressional elections, is clearly a federal crime prosecuted by the DOJ. But for state and local races, each state handles voter fraud through its own laws and courts.

Federal authorities sometimes get involved in local cases if there is a violation of federal voting rights laws. Or if local election fraud is tied to larger corruption schemes involving federal charges like bribery, extortion, or organized crime.

Most experts argue that voter fraud in federal elections is also relatively rare, and exaggerated fears of it should not prompt overreactions that deny eligible citizens their right to vote. There are debates around balancing fraud prevention with access to democracy. But the Constitution is clear – the right to vote is fundamental, so any restrictions must be carefully considered.

The reality is voter fraud will likely always exist in some form, but safeguards in the system help minimize and catch it without disenfranchising voters. Perhaps we should be more concerned about external threats like foreign disinformation campaigns than occasional individual fraudsters.

At the end of the day, a healthy democracy requires faith in the electoral process. Wild charges of rigged elections without evidence undermine that faith. We should take voter fraud seriously when it occurs, but also keep perspective on how rare it is compared to the forces trying to convince Americans their votes don’t count.