About us

Our foremost goal at Election Justice is to prevent election fraud. Many people have been prosecuted and been sent to prison because they stated they did not know the election laws.  This page is here to help understand the basic election laws to prevent a mistake which leads to election fraud and someone needlessly being sent to prison.

 

Notice

 

Election Justice Foundation Is...

• A proponent of every legal citizen voting in national, state and local elections. 
• Not a legal firm nor lawyers, we have no legal licensure in any state. 
• Not able to provide legal advice
• Not law enforcement
• Not a government agency
• Not liable for incorrect information.
  • Please check local laws BEFORE you vote
  • Information within is largely from other reuptable sources such as government or election related sites
  • Provide cautions based on prior election fraud convictions and sharing the reason the defense said the error occured. These are meant to encourage you to check local laws BEFORE you vote.
• Not the authority on election law, the government is.

• Please check list of references below for more election and voting information

 

Who Can Vote?

 

You can vote in U.S. federal, state, and local elections if you:

• Are a U.S. citizen (some areas allow non-citizens to vote in local elections only)
• Meet your state’s residency requirements
• You can be experiencing homelessness and still meet these requirements.
• Are 18 years old on or before Election Day
  • In almost every state, you can register to vote before you turn 18 if you will be 18 by Election Day. 
  • Some states allow 17-year-olds who will be 18 by Election Day to vote in primaries.
• Are registered to vote by your state's voter registration deadline.
  • North Dakota does not require voter registration.
• See Notice above

 

Who cannot vote?

• Non-citizens, including permanent legal residents, cannot vote in federal, state, and most local elections.
  • NOTE, having a green card does not qualify for citizenship status or right to vote.
  • Non-citizens have been deported for voter fraud. See news here.
• Some people cannot vote after being convicted of a felony or if they are currently serving time for other types of crimes. Rules are different in each state. Check this guide from the Department of Justice [PDF, 541KB] to understand the laws in your state.
  • NOTE, Being on parole may make it illegal for you to vote. Check local laws BEFORE you vote! 
• Some people who have a mental disability may not be able to vote. Learn about your voting rights. Rules vary by state.
• U.S. citizens residing in U.S. territories cannot vote for president in the general election.
• Check with your state or local election office for any questions about who can and cannot vote.
• See Notice above

 

 

 

What is Election Fraud?

 

• Votes more than once in the same election (double voting)
• Casts a ballot in the name of an ineligible voter (such as a deceased voter or a voter who moved out of the election district)
• Registers to vote using a fraudulent name or address
• Votes with a fraudulent ballot, or
• Votes despite being ineligible to vote (such as a nonresident, noncitizen, or disqualified voter).
• See Notice above

 

 

 

 

Election Laws Vary

• There are federal and state or local laws
• Certain offences qualify as federal election fraud, see below.
• State and local election laws VARY CONSIDERABLY FROM STATE TO STATE.

  • Refer to State Voting Laws below

• ALWAYS consults your local election laws if unsure about your voting status BEFORE you vote.
  • Refer to State Voting Laws below
• See Notice above

 

 

Just Registering to Vote
Can Federal Crime

• A voter intentionally gives false information when registering to vote
• A voter receives money or something of value in exchange for voting in a federal election or registering to vote
• Source : https://www.fbi.gov/investigate/public-corruption/election-crimes

 

 

 

Registered to Vote
Can Still be Illegal to Vote

 

• Anyone can register to vote but it does not make it legal to vote.
  • If you are not in compliance with "Who Can Vote", you cannot vote regardless.
  • If the terms in "Who Cannot Vote" apply to you, you cannot vote.
• If you are registered to vote and receive a mail-in ballot, it would still be illegal to vote if,
  • If you are not in compliance with "Who Can Vote", you cannot vote regardless.
  • If the terms in "Who Cannot Vote" apply to you, you cannot vote.
• See Notice above

 

 

 

Mail-In Ballots
Don't Make it Legal

 

• Receiving a mail-in ballot does not automatically make submitting it legal, there can still be legal accountability if the ballot was received in error. You can still be prosecuted for election fraud if you fraudulantly fill out, misrepresent or submit multiple times.  Check your local and federal laws but here are example of situations which may be prosecuted for election fraud.
  • People who are deceased cannot vote. You cannot vote for a dead relative.
  • Cannot vote for a mail in ballot addressed to the previous occupant of the home
  • People who have moved to a new address, cannot vote using both addresses

  • Cannot harvest mail in ballots and fill them in.

  • Cannot stuff a ballot box with mail in ballots which were illegal obtained or filled out.  

  • Payment received or paid for mail in ballots may be considered election fraud.

• See Notice above

 

 

 

Review these References

Please refer to these sites for more election information

 

State Voting Laws

https://ballotpedia.org/Voter_identification_laws_by_state

 

Who Can Vote :

https://www.usa.gov/who-can-vote

 

How To Register

https://www.usa.gov/voter-registration

 

Find Your State and Local Election Offices

https://www.usa.gov/state-election-office

 

Voting Laws

https://www.usa.gov/voting-laws

 

Primary Election

https://ballotpedia.org/Primary_election

 

Early Voting By State

https://ballotpedia.org/Early_voting

Overview of Local Laws

Most states make it a crime to:

• intimidate, threaten, or coerce a voter in an effort to influence their vote or decision to vote
• offer a bribe or other compensation to influence someone's vote
• tamper with a person's ballot
• make a counterfeit ballot, or
• interfere with a voter's access to the polling place (physically or by deception).

 

Source : https://www.criminaldefenselawyer.com/resources/what-is-voter-fraud-and-election-fraud.html

 

What Are the Penalties for Voter Fraud?

State penalties for voter fraud vary, but most states make it a felony offense (usually punishable by a year or more in prison). Some states impose different penalties based on what conduct is involved (such as double voting versus fraudulent registration). Kentucky makes it a felony to knowingly vote more than once but makes it a misdemeanor to knowingly vote in the wrong precinct. (Ky. Rev. Stat. Ann. § 119.165 (2022.) Other state laws base penalties on the person's culpability (blameworthiness). For instance, a person who knowingly votes when not registered or authorized commits a felony in Indiana. But a person who recklessly votes when ineligible commits a misdemeanor. (Ind. Code Ann. §§ 3-14-2-9, -10 (2022).)

 

Burden of Proof?

In most states, a prosecutor must prove that the person committed voter fraud intentionally or knowingly—not by mistake. For instance, a person who mistakenly transposes two digits of their address on their voter registration form hasn't committed intentional fraud.
 

But some states' law don't require fraudulent intent—any mistake on the part of the voter can be grounds for prosecution. In these states, a person who makes a good-faith effort to determine eligibility but is mistaken could face criminal charges. Criminal statutes of this nature are referred to as "strict liability" offenses. For a strict liability offense, the prosecutor only needs to prove the illegal act was committed.

 

Source : https://www.criminaldefenselawyer.com/resources/what-is-voter-fraud-and-election-fraud.html

 

 

Can A Person With a Felony Conviction Vote?

Almost every state places restrictions on voting rights of individuals with felony convictions. While those restrictions are in place, the person is disqualified from or ineligible to vote. A person who votes knowing of their disqualification could face criminal charges for voter fraud. But having a felony conviction doesn't necessarily disqualify a person forever. Most states allow individuals with felony convictions to restore their right to vote after being released from prison, completing their sentence, or fulfilling other requirements (such as getting a pardon). So, it depends. But a person with a felony conviction who has restored their right to vote and registered can cast their ballot.

 

Learn more in our Nolo article: "Can I Vote If I Have a Felony Conviction?"

 

Source : https://www.criminaldefenselawyer.com/resources/what-is-voter-fraud-and-election-fraud.html

Federal Election Law
 

52 U.S. Code § 20511 - Criminal penalties

 

(1)

A person, including an election official, who in any election for Federal office—(1)knowingly and willfully intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, any person for—

(A)

registering to vote, or voting, or attempting to register or vote;

 

(B)

urging or aiding any person to register to vote, to vote, or to attempt to register or vote; or

 

(C)

exercising any right under this chapter; or

 

(2)

Knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of a fair and impartially conducted election process, by—

 

(A)

the procurement or submission of voter registration applications that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held; or

 

(B)

the procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held,

 

Penalty

shall be fined in accordance with title 18 (which fines shall be paid into the general fund of the Treasury, miscellaneous receipts (pursuant to section 3302 of title 31), notwithstanding any other law), or imprisoned not more than 5 years, or both.

(Pub. L. 103–31, § 12, May 20, 1993, 107 Stat. 88.)

Elections Crimes Become Federal Cases When...

• The ballot includes one or more federal candidates
• The crime involves an election official abusing his duties
• The crime pertains to fraudulent voter registration
• Voters are not U.S. citizens
   

Source : https://www.fbi.gov/investigate/public-corruption/election-crimes