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Electoral fraud

Illegal interference with the process of an election

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  • 6 chapters

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Through Election, Democracy and Protest

Electoral legislation outlaws many kinds of election fraud, but other practices violate general laws, such as those banning assault, harassment or libel. Although technically the term "electoral fraud" covers only those acts which are illegal, the term is sometimes used to describe acts which are legal, but considered morally unacceptable, outside the spirit of an election or in violation of the principles of democracy. Sham elections, featuring only one candidate, are sometimes classified as electoral fraud, although they may comply with the law and are presented more as referendums/plebiscites.

In national elections, successful electoral fraud on a sufficient scale can have the effect of a coup d'état, protest, or corruption of democracy. In a narrow election, a small amount of fraud may suffice to change the result. Even if the outcome is not affected, the revelation of fraud can reduce voters' confidence in democracy.

Law

Because U.S. states have primary responsibility for conducting elections, including federal elections, many forms of electoral fraud are prosecuted as state crimes. State election offenses include voter impersonation, double voting, ballot stuffing, tampering with voting machines, and fraudulent registration. Penalties vary widely by state and can include fines, imprisonment, loss of voting rights, and disqualification from holding public office.

The U.S. federal government prosecutes electoral crimes including voter intimidation, conspiracy to commit election fraud, bribery, interference with the right to vote, and fraud related to absentee ballots in federal elections.

In France, someone guilty may be fined and/or imprisoned for not more than one year, or two years if the person is a public official.

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