VOTER

FRAUD
In October 2006, The United State Civil Rights
Commission released a report on Voter Fraud and
Intimidation. Among their findings were distinctly
partisan views on the situation in America. However
The Commission did acknowledge one universal flaw:
“Concerns relating to the training of poll workers,
and the difficulty in obtaining poll workers with both
the time and the technological savvy to serve, and
providing adequate training to those poll workers.”
The Commission found:
• Real and perceived flaws in the election system
have resulted in concern and mistrust in the voting
process in the United States
• Both voter fraud and voter intimidation
disenfranchise voters and weaken our political
system
• Achieving an accurate voter roll is a key step in
assuring accurate elections with full participation
• Expanded absentee voting, same-day registration,
voting exclusively by mail, and the fact that large
numbers of Americans relocate each year all pose
difficulties in verifying voter identity.
The past several election cycles that have been plagued
by accusations of voter fraud and even outright
intimidation as caught on film in Pennsylvania.
Just in time for Election Day, American Majority
Action has created the nation’s first mobile application
to help identify, report and track suspected incidents of
voter fraud and intimidation. This free, cutting edge
system will enable voters to take action to help defend
their right to vote.
This manual accompanies the application and will aid
with the reporting process. When a voter experiences
NOTES
a potential incident of voter fraud or intimidation,
they can simply open the Voter Fraud application
and submit a report using the Report an Issue button
on the home screen. The application automatically
opens the phone’s camera, providing the user with a
quick and easy way to document the incident. Once
the user is satisfied with any photographic evidence,
they are prompted to fill out a brief report, providing
important details and location of the possible incident.
Here is the list of report types you may choose from:
• Campaigning near poll
• Tampering with Voting Machine
• Voter Intimidation
• Vote Buying
• Illegal Electioneering
• Provisional Voting Problems
• Poll Watcher/Worker Issues
• Shortage of Poll Watchers
• Police Interference
• Abnormally long lines
• Obstructing a Poll worker
• Unlawfully Assisting a Voter
• Providing False Information on a Ballot
Application
Definition of
Voter Fraud
Electoral fraud is illegal interference with the
process of an election. Acts of fraud affect vote
counts to bring about an election result, whether
 by increasing the vote share of the favored
candidate, depressing the vote share of the rival
candidates, or both. Also called voter fraud,
the mechanisms involved include illegal voter
registration, intimidation at polls and improper
vote counting.
Campaigning Near Poll
Though the laws vary from state to state, the law
prohibits, among other things, electioneering,
distributing election literature, and posting signs
promoting any candidate or question to be voted on
inside the building in which a polling place is located
or within at least 25 feet of the building’s outer door.
Example:
“First Lady Michelle Obama appears to have
violated Illinois law -- when she engaged in political
discussion at a polling place!
The drama began after Mrs. Obama stopped off at
the Martin Luther King Center on the south side of
Chicago to cast an early vote.
After finishing 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 to
keep her husband’s agenda going,’ Campbell said.”
Tampering with Voting
Machine
Like most technology, voting machines can become
vulnerable to attack. From a switched memory card
NOTES
to any official who for nefarious reasons, during
an election or before an election or after, tampers
with a machine in order to change the outcome has
committed voter fraud. This includes damaging,
defacing, or impairing in any form. Citizens should
report any obvious tampering using the app.
Example:
“Computer Programmer testifies that Tom Feeney
tried to pay him to rig election vote counts.”
Voter Intimidation
Voter intimidation involves putting undue pressure
on a voter or group of voters so that they will vote
a particular way, or not at all. Absentee and other
remote voting can be more open to some forms of
intimidation as the voter does not have the protection
and privacy of the polling location. Intimidation can
take a range of forms.
Violence or the threat of violence: In its simplest
form, voters from a particular demographic or known
to support a particular party or candidate are directly
threatened by supporters of another party or candidate
or those hired by them. In other cases supporters of
a particular party make it known that if a particular
village or neighborhood is found to have voted
the ‘wrong’ way, reprisals will be made against that
community. Another method is to make a general
threat of violence, for example a bomb threat that has
the effect of closing a particular polling place, thus
making it difficult for people in that area to vote.
Attacks on polling places: Polling places in an area
known to support a particular party or candidate may
be targeted for vandalism, destruction or threats, thus
making it difficult or impossible for people in that area
to vote.
Legal threats: In this case voters will be made to
believe, accurately or otherwise, that they are not
legally entitled to vote, or that they are legally
obliged to vote a particular way. Voters who are not
confident about their entitlement to vote may also
be intimidated by real or implied authority figures
who suggest that those who vote when they are not
entitled to will be imprisoned, deported or otherwise
punished. For example, in 2004, in Wisconsin and
elsewhere voters allegedly received flyers that said,
“If you already voted in any election this year, you
can’t vote in the Presidential Election”, implying that
those who had voted in earlier primary elections were
ineligible to vote. Also, “If anybody in your family
has ever been found guilty of anything you can’t vote
in the Presidential Election.” Finally, “If you violate
any of these laws, you can get 10 years in prison and
your children will be taken away from you.” Another
method, allegedly used in Cook County, Illinois in
2004, is to falsely tell particular people that they are
not eligible to vote.
Economic threats: In company towns in which one
company employs most of the working population,
the company may threaten workers with disciplinary
action if they do not vote the way their employer
dictates.
Examples:
New Black Panther Party
“The discussion centers on whether the Justice
Department’s civil rights division mishandled a
lawsuit against members of the New Black Panther
Party, which was filed weeks before the Obama
administration took office. The suit was focused on
the party and two of its members, who stood out
front of a polling place in Philadelphia on Election
Day 2008 wearing military gear. They were captured
on video and were accused of trying to discourage
some people from voting. One carried a nightstick.”
NOTES
Vote Buying
Voters may be given money or other rewards for
voting in a particular way, or not voting. In some
jurisdictions, the offer or giving of other rewards
is referred to as “electoral treating”. In Mexico,
Queensland and several other places, voters willing to
sell their vote are asked to take a picture of their ballot
with a cell phone camera to validate their payment.
Vote buying may also be done indirectly, for example
by paying clergymen to tell their parishioners to vote
for a particular party or candidate. Vote buying is
generally avoided by not providing a “receipt” for the
counted vote, even if it’s technically possible to do so.
Examples:
“The New York Post reported that a Cleveland man
said he was given cash and cigarettes by aggressive
ACORN activists in exchange for registering an
astonishing 72 times. The complaints have sparked
an investigation by election officials into the
organization, whose political wing has supported
Barack Obama. Witnesses have already been
subpoenaed to testify against the organization.”
Illegal Electioneering
Illegal electioneering includes distributing or posting
campaign materials within the building where the
election is being held as well as the areas leading to
the polling place... It is also illegal for an election
officer or public employee to electioneer while in the
performance of his or her official duties.
Provisional Voting
Problems
A provisional ballot is used to record a vote when there
is some question in regards to a given voter’s eligibility.
A provisional ballot would be cast when:
• The voter refuses to show a photo ID (in regions
that require one)
• The voter’s name does not appear on the electoral
roll for the given precinct.
• The voter’s registration contains inaccurate or out-
dated information such as the wrong address or a
misspelled name.
• The voter’s ballot has already been recorded
Whether a provisional ballot is counted is contingent
upon the verification of that voter’s eligibility. Many
voters do not realize that the provisional ballot is not
counted until 7-10 days after election so their vote
does not affect the calling of the states to different
candidates.
A guarantee that a voter could cast a provisional ballot
if he or she believes that they are entitled to vote was
one of the guarantees of the Help America Vote Act of
2002.
To cast a provisional ballot, a person must execute
a provisional ballot affirmation before a precinct
officer at the polling place declaring that he/she is a
registered voter in the city or town and resides within
the geographical boundaries of said precinct. All
provisional voters must show suitable identification
showing their name and current address.
After voting on a provisional ballot, the person places
it in a specially marked envelope, seals that envelope
and returns it to the precinct election official. The
ballot will then be set aside until a determination of
the person’s eligibility can be made.
Example:
Different states have different procedures for counting
or not counting provisional ballots that are cast in
the wrong precinct. Some states will not count these
ballots, so it is important to go to the correct polling
place on Election Day. In a study of Ohio and Florida a
majority of provisional ballots thrown out were because
voters showed up at the wrong precinct, and cast
provisional ballots -- and often are not told the ballots
would not count unless cast in the correct precinct.
Poll Watcher/Worker
Issues
The Poll Watcher May Not:
• Wear a name tag
• Wear anything for or against any candidate, party
or position
• Use a cell phone inside polling location
• Possess any means of recording images or sound
• Watch a voter vote except when voter being
assisted by election officials
• Converse with other poll watchers while election
in progress
• Reveal any information concerning the election
before the polls close. Examples: How a voter
has voted; The number of votes for a candidate;

NOTES
 Tabulation of votes; Whether a measure is passing
or failing; The names of persons who have or have
not voted in the election.
• Signal, converse or communicate with any voter in
any way regarding the election
• Talk while election is in progress except to point
out an irregularity or violation.
• However, if the clerk refers the watcher to the
judge, the watcher may not discus the matter
further with the clerk unless the presiding judge
invites the discussion.
• The Poll Watcher Must Be Permitted To:
• Observe all election activities performed by the
election judges and clerks
• Sit or stand conveniently near election officials
conducting the observed activity
• Make written notes while on duty. Document
names, time and location of all concerns. (may be
required by Presiding Judge to leave notes behind
with another poll worker of your choice, if leaving
location while polls are open)
• Point out to an election judge or clerk any
observed irregularity or violation of the Texas
Election Code. However, if the clerk refers the
watcher to the judge, the watcher may not discuss
the matter further with the clerk unless the
presiding judge invites the discussion.
• Observe assistance given to voters by election
officials
• Inspect the returns and other records prepared by
the election officers.
• Witness securing of the voting system equipment
at the time the polls close
NOTES
• Receive an English translation of any language
spoken other than English between an election
official and a voter
• Accompany the election official who delivers
election records (in a separate car)
Campaign Poll Workers
• Poll workers must be outside 40 feet of any
entrance to the building in which the polling place
is located.
• There is no limit to the number or poll workers
allowed outside the polling place.
• Poll workers cannot hinder or delay a person from
entering or leaving a polling place.
• Loudspeakers cannot be used within 300 feet of
any polling place.
• Political campaign supplies, including Sample
Ballots, may be distributed outside the 40 feet
but must contain the statement -- “Paid for and
Authorized by (name of candidate or name of
candidate’s campaign committee or name of
political party committee or name and address of
person responsible)”.
• Paper ballots cannot be printed on white paper
and must contain the words SAMPLE BALLOT
in type no smaller than twenty-four point.
• Machine ballots may be printed on white paper
but must also have SAMPLE BALLOT.
• Voters are allowed to carry Sample Ballots and
campaign supplies into the polling place.
 Authorized
Representative
• Each political party, independent or primary
candidate is allowed a representative for each
registration book who may remain in the room
during the election process. No more than three
representatives for each party, independent or
primary candidate are allowed in any one polling
place.
• An authorized list of representatives should be
given to the local electoral board or chief officer of
election; or a written statement should be given to
each Representative to show at the polling place.
Representatives can be set up on a shift basis by the
party or independent candidate.
• The representative cannot in any way hinder or
delay a voter.
• The representative cannot give or display a ballot,
ticket or other campaign material.
• The representative cannot influence any person in
casting his ballot.
• The representative cannot hinder or delay any
officer of election.
• The representative cannot sit at the registration
table with the officers of election but should be
placed behind the registration table.
• A representative may mark or write his own list of
those who have voted. An officer cannot provide
any lists to representatives.
• A representative must be a qualified voter in the
city or county in which the polling place is located.
• As a qualified voter the representative may
challenge a voter who is suspected or known not
NOTES
to be duly qualified. The challenged voter will be
offered an oath by an officer. If the voter subscribes
to the oath he must be allowed to vote in the
normal manner. If the voter refuses to take the oath
he will not be allowed to vote. Challenges should
not be made frivolously. In a primary election
a person may not be challenged as to his party
affiliation.
• A voter who is educationally or physically unable
to vote his own ballot may be assisted, if he so
requests, by an officer of election or other person of
his choice who is not his employer, an officer of his
union, nor an agent of his employer or union. The
person assisting any such voter must take an oath
to vote as the voter directs and not to reveal how
the voter voted. Except for blind voters, all voters
requiring assistance must take an oath and vote in
the normal manner.
• The officers of election have the authority to
remove any representative who does not adhere to
the aforementioned guidelines.
Representative At Close
or Polls
• Each political party may have two representatives
and an independent or primary candidate may
have one representative at the polling place to
witness the counting of ballots and ascertainment
of results.
• Again, the representative must be a qualified voter
of the city or county in which the polling place is
located.
• Representative must have a written statement
signed by his party chairman or the independent or
primary candidate he represents which should be
presented to the chief officer of election.
 • This representative may be someone other than the
representatives used while the polls are open.
• The representative cannot leave until the final
results are ascertained and the chief officer of
election has opened the doors and announced the
results of the election. There are not exceptions to
this rule.
• Representatives may witness counting and
ascertainment of results but may not touch or
handle any ballot, voting machine or official
document.
Shortage of Poll Watchers
Laws vary by state but in general:
• To open, an ED should have at least one poll
worker from each of the two major political
parties. If one is missing:
• Alert your Coordinator or call your county
election office to inform them of the vacancies.
• If available, the Board will send standby poll
workers to your site to make up for the shortage.
These poll workers will bring a “Certificate to
Work” with them;
“Poll worker shortage causes worry: A shortage
of at least 500,000 poll workers nationwide for
today’s voting could contribute to long lines, cranky
volunteers, late opening and closing of polling places
and the chance that results won’t be known until
long after the polls close. About 1.4 million people
have been trained to serve as poll workers, about the
same as four years ago, according to the U.S. Election
Assistance Commission.
However, nearly 2 million poll workers are needed
to deal with a possible heavy turnout, many first-
NOTES
time voters and unfamiliar touch-screen machines in
hundreds of counties, according to the commission.
The Associated Press reported that the shortage is acute
in urban areas where workers should be able to speak
multiple languages.”
Police Interference
Police and law enforcement should not interfere with
the commission of an election to prevent any voter
from casting a ballot.
Examples:
• Some groups think these activities are targeted at
minorities:
• “The placement of armed officers at the polls
will lead to widespread intimidation of voters,
with a particularly negative impact on minority
voters. This issue was highlighted during the 2000
election in Florida, when police checkpoints near
African-American polling places scared some voters
away from the polls. While we all are concerned
about security on Election Day, the use of armed
officers must be avoided in all but the most
extreme cases. Therefore, we urge you to issue a
statement to election officials across the country
making clear that the use of armed personnel at the
polls is to be avoided, barring direct information
about a credible security threat at a particular
location.”
Abnormally Long Lines
In every election, some voters encounter practical
impediments to voting, such as long lines at the
polling place. In 2004, however, the issue received
increased attention.
Examples:
 • Long lines are an issue for a number of reasons but
some political parties will try to use the situation
to keep polls open later for political gain.
• “Judge Ordered St. Louis Precincts Kept Open
After Voting Deadline Passed
• Many people in the city of St. Louis, Mo., voted
after the legal 7:00 p.m. voting deadline had
passed last Tuesday because Missouri Circuit Court
Judge Evelyn Baker about an hour earlier ordered
that polling places be kept open.
• That ruling was reversed at 7:45 p.m. by a three-
judge panel of state appeals court judges. But
there are allegations from many critics, including
a U.S. senator, that polling places remained open
even after that. Two days after the polls had finally
closed, it was still undetermined how many late
votes had actually been cast.”
Obstructing a Poll worker
Disorderly election conduct is willfully: (a) Disturbing
the peace in or about any voting place on election
day; (b) leaving or attempting to leave a voting place
in possession of any ballot, except as is specifically
permitted by law; (c) approaching or remaining closer
than three feet to any voting booth, voting machine
or table being used by an election board except as
admitted for the purpose of voting or by authority of
the supervising judge; (d) interrupting, hindering or
obstructing any person approaching any voting place
for the purpose of voting (e) engaging in any of the
following activities within 250 feet from the entrance
of a polling place during the hours the polls are open
on election day: (1) solicitation of contributions; or (2)
conduct of advisory elections other than those specifically
authorized by law, including the exercise of home rule
power, to be conducted by a county election officer.
NOTES
Example:
• A would-be voter in Pennsylvania was arrested at
a polling place in Allentown, P.A. after smashing
an electronic voting machine with a paperweight,
according to poll workers.
Unlawfully Assisting a
Voter
A voter who informs the warden that from blindness
or other physical disability or inability to read or to
read in the English language that they are unable to
prepare their ballot or register their vote is entitled to
receive assistance to do so... The voter may designate a
person of their choice to assist them. In the alternative,
the voter can request that two election officers, one
from each major party, accompany them into the
voting booth to assist them in completing their ballot.
...where a voter requests instruction or assistance
after entering the voting machine booth two election
officers of different political parties may instruct or
assist the voter in the voting booth).
Examples:
• “In 2008, a judge dismissed another case in the
McAllen voter fraud indictments from 2006.
Two years after the son of a former McAllen
mayor and nine other individuals were indicted in
Hidalgo County, the case fell apart. One indicted
individual pled guilty, but these charges against the
others were dropped. The nine were indicted with
various levels of vote fraud after it was reported
that they had helped elderly people with their
ballots and possibly influenced their decisions.
Others were accused of receiving money for votes.
The cases have been delayed several times already
and most have been dismissed.
 • The district attorney who was prosecuting the
case dropped the final case in April 2010. District
Attorney René Guerra said that voter fraud cases
were difficult to prosecute and that some activity,
such as possessing two ballots, should not be
illegal.”
Providing False
Information on a Ballot
Application
The voter application contains an affidavit and if you
provide false information on this application you can
be convicted of a felony and/or misdemeanor.
Examples:
• In an April 20 letter, the secretary of state office’s
elections director, Ann McGeehan, asked the
attorney general for help, citing evidence of nine
possible crimes. They included illegal voting,
obstructing a poll watcher, unlawfully assisting a
voter and providing false information on a ballot
application.
NOTES
A Word on Exit Polling
• Exit polling occurs when polltakers question voters
about how they voted as they leave the polling
place.
• No one is obliged to answer the questions of an
exit poller.
• The exit pollers might be media representatives,
representatives of political parties, or campaign
workers.
• Exit polling may be conducted within 300 feet of
the polling place but not within the actual polling
place itself.
• It is the responsibility of polltakers to make
arrangements with the polling location building
owner.
• Exit pollers are prohibited from engaging in any
activities that would interfere with the freedom of
voters to enter or leave the polling place or to cast
their vote.
NOTES