Los Angeles Voter and Election Fraud Attorneys

Lawyers Defend Against Voter or Election Fraud Charges in Los Angeles

Los Angeles is one of the world’s largest and most populous metropolitan areas. The local government is divided into a series of jurisdictions and departments, each of which comes into play in elections. These jurisdictions include county-level positions, positions within the City of Los Angeles, and school district positions.

Being accused of either “election fraud” or “voter fraud” is a very serious legal problem. If convicted of either offense, the penalties imposed could change your life forever. Individuals charged with election or voter fraud should retain the services of Werksman Jackson & Quinn LLP. The talented lawyers at this leading law firm are known for their experience in challenging, high-profile cases. With a reputation for excellence and a track record of success, their attorneys provide top-tier representation. Being sought after by major publications for their legal insights showcases their credibility and experience. Contact the Los Angeles federal crime defense attorneys at Werksman Jackson & Quinn LLP at (213) 688-0460 to secure skilled defense in complex legal matters.

Call Werksman Jackson & Quinn LLP at (213) 688-0460 to schedule a free consultation.

What You Should Know About Election Fraud in Los Angeles

Election fraud, or “electoral fraud,” involves the accusation that a person interfered with the election process, such as in vote counting, certification, dissemination of false information about voting, or actions that intimidate voters to deter them from exercising their rights.

Election fraud involves illegal actions or manipulations geared to influence the outcome of an election. Anyone engaging in activities that constitute election fraud can potentially be charged with this offense. Individuals accused of this offense are from various backgrounds, including voters, candidates, campaign staff, political operatives, election officials, or others involved in the electoral process. These can include activities such as:

• Vote Buying: Selling and buying votes is illegal under federal law. Any person who is believed to have offered money to vote (or not vote) or to vote for a certain candidate will face fines and imprisonment.
• Ballot Box Stuffing: An election official may be accused of adding invalid ballots to influence the outcome of an election. This could include failing to submit, destroying, or hiding mail-in votes from certain constituencies. This federal crime may be filed under the Civil Rights Act, Code §242.
• Voter Intimidation: Any form of voter intimidation is illegal, whether physical or economic. Intimidation, threats, or interference in a person’s right to vote is harshly punished under federal law. Officers of the armed forces or members of the civil, military, or naval service of the United States cannot be present at federal polling places unless specifically posted to repel armed enemies under 18 U.S. Code §592.

Understanding What Voter Fraud Means in Los Angeles

Voter fraud occurs when an individual intentionally commits fraudulent acts related to the voting process. Illegal actions may include casting multiple ballots, impersonating other voters, or registering under false pretenses. Voter fraud charges in Los Angeles are filed against individual voters who are accused of a range of illegal voting actions, which include:

• Impersonating a Registered Voter: This charge is filed if it is alleged that a person attempted to impersonate a registered voter or voted for them.
• Casting Multiple Votes: It is illegal to vote multiple times, with penalties of imprisonment up to five years, plus $10,000 in fines.
• Registration Fraud: A person who registers to vote who is not eligible to vote for any reason (such as not being a U.S. citizen) or provides false information in registering to vote is committing a federal offense under Title 52, Voting and Elections, §10307.
• Selling a Vote: It is a federal crime to sell a vote to any candidate. A person who accepts payment to vote or not vote, whether you perform the act or not, can face severe penalties.
• Felons Voting: Depending on the state, a person who has a felony conviction may have lost the right to vote. In California, felons who are not currently serving a state or federal prison term and are not found mentally incompetent can now register to vote.
• Non-Citizen Voting: It is illegal for any person who is not a citizen of the USA to vote in a federal election or to falsely claim to be a citizen to gain the ability to vote in an election.

What Are Some Misconceptions About Voter and Election Fraud?

Common misconceptions about voter and election fraud often blur the line between legitimate political activity and unlawful behavior. One misconception is that any irregularity in the electoral process constitutes fraud, whereas, in reality, minor administrative errors or discrepancies may occur without malicious intent. Additionally, there’s often confusion between voter suppression tactics and genuine efforts to maintain election integrity. It’s important to differentiate between legal campaigning, which encourages voter participation, and illegal activities like voter intimidation or ballot tampering, which undermine the democratic process.

State and Federal Penalties for Voter Fraud or Election Fraud

A person accused of either election fraud or voter fraud may face charges before a California court and in federal court. The penalties a person might face depend on the specific charges brought against the defendant under either California or federal law:

California Penalties

If convicted of voter fraud or election fraud in California, the penalties can include:

• Committing or Attempting to Commit Voter Fraud: Voter fraud involves intentionally engaging in fraudulent activities related to voting, such as casting multiple ballots, impersonating another voter, or submitting fraudulent voter registration information. It can be prosecuted as a felony or misdemeanor. Penalties may include up to three years in state prison.
• Tampering with a State Voting System: Tampering with a state voting system is a serious offense that refers to any unauthorized alteration, manipulation, or interference with the electronic or physical components of a state’s voting system, including voting machines, software, ballots, or other infrastructure. This can result in felony charges and up to four years in state prison.
• Changing Ballots: This crime occurs when someone unlawfully alters or modifies ballots, either by physically tampering with paper ballots or by manipulating electronic voting systems to change recorded votes. Altering or changing ballots is considered election fraud and can lead to felony charges and fines of up to $1,000 and up to three years in prison.
• Misleading a Voter Who Needs Help Voting: Misleading a voter who requires assistance in voting involves intentionally providing false or misleading information to a voter who requires assistance, such as a disabled voter or someone with limited English proficiency, to influence their voting decisions or actions and can result in misdemeanor charges and up to three years in prison.
• Interfering with the Vote by Mail System: This crime encompasses various illegal activities aimed at obstructing or manipulating the mail-in voting process, such as stealing or tampering with mail-in ballots, falsifying ballot requests, or obstructing the delivery or return of mail-in ballots. Interfering with the vote-by-mail system can result in felony charges. Up to six months in jail and fines up to $10,000.

Federal Penalties

Federal election crimes include violations involving federal candidates, election officials, fraudulent voter registration, and non-citizen voting. Not all election-related activities are federal crimes; for instance, giving voters rides to the polls or offering stamps for absentee ballots are not federal offenses.

Federal election crimes fall into three main categories: campaign finance violations, voter and ballot fraud, and civil rights infringements. Examples include illegal campaign contributions, voter intimidation, and ballot tampering. If individuals suspect election crimes, they can contact their local FBI office or submit tips online.

Federal law prohibits intimidation, threats, or coercion related to voting rights or participation, including registering to vote, urging others to vote, or exercising voting rights. Additionally, it prohibits actions that deprive residents of a fair election process, such as submitting fraudulent voter registration applications or tampering with ballots. Violators may face fines according to Title 18, imprisonment of up to five years, or both. Fines are allocated to the Treasury’s general fund.

Overview of the Legal Process for Voter or Election Fraud

When facing election or voter fraud charges, individuals undergo a legal process involving several steps. Initially, they may be arrested and charged, followed by pre-trial procedures such as arraignment, where charges are formally presented and bail may be set. Subsequently, there’s a discovery phase, during which evidence is exchanged between prosecution and defense.

Trial proceedings entail presenting evidence, witness testimonies, and legal arguments, with the prosecution aiming to prove guilt beyond a reasonable doubt. If convicted, individuals can appeal the verdict based on legal errors during the trial. Appeals involve presenting arguments to a higher court for review and potential reversal of the verdict.

Possible Defenses Used for Voter or Election Fraud

Every case is unique in terms of how and why charges were filed. The first step is a thorough review and evaluation of the evidence. In many cases, errors can be identified that may lead to a dismissal of charges or other benefits. Some of the types of defenses that may be employed include:

• The accused did not commit the offense and is falsely accused.
• The accused believed they were a legal U.S. citizen at the time of the vote.
• Government records contained incorrect information regarding naturalization.

Contact a Los Angeles Voter Fraud Defense Lawyer for Legal Guidance

If you are accused of either of these crimes — whether in state court, federal court, or both — the quality, experience, and knowledge of your attorney will play a significant role in the outcome of your case. For legal representation from a highly experienced Los Angeles criminal defense lawyer, connect with Werksman Jackson & Quinn LLP immediately. Exercise your right to remain silent and the right to an attorney before answering any questions from the authorities – it could make a difference in the outcome of your case.

Call (213) 688-0460 today for representation from a law firm that stands with you.