APPENDIX E
Examples of 2001 Legislation Relating to
Election Crimes And Voter Fraud
Alabama
HB 311 Regular Session Failed
Description: Makes it unlawful for a poll worker or election official to intentionally provide false information to an elector that results in the elector being denied the right to vote; provides that the penalty would be increased if by clear and convincing evidence it is found that the action of a poll worker or other election official was motivated by the poll worker's prejudice concerning the victim's actual or perceived race, color, religion, national origin, or ethnicity
California
AB 1542 Regular Session Pending
Description: ...imposes punishment of up to 6 months imprisonment and/or a fine of up to $10,000 for interfering with the return of an absent ballot
Florida
H 999 Regular Session Failed
Description: Provides that any person who conspires with another person to violate election code or who knowingly gives aid to person who has violated code with intent to help such person avoid or escape detection, arrest, trial, or punishment shall be punished as if he or she had committed violation; provides penalties (identical to S 1194)
S 1138 Regular Session Failed
Description: Prohibits Secretary of State from specified political activities; authorizes Commission on Ethics to investigate violations; provides penalties; authorizes Attorney General to bring civil action to recover civil penalties assessed by commission
S 1982 Regular Session Failed
description: Requires supervisors of elections to report to Florida Elections Commission & state attorney violations of Florida Election Code; requires candidate to pay fines owed for violation of Campaign Financing provisions before filing officer issues certificate of election; prohibits person from falsely swearing to oath required by code; requires supervisor of elections to investigate fraudulent registration & illegal voting
Georgia
HB 110 Regular Session Passed Not yet available
Description: Allows the State Elections Board to authorize the Secretary of State to investigate violations of the Georgia Election Code; provides that qualifying periods for primaries and elections may be extended or postponed in the event the Governor declares a state of emergency or natural disaster; changes provisions relating to a voter's change of address; provides for incumbency to be noted on a ballot in a nonpartisan election and provides that candidates be listed alphabetically; provides that ballots be supplied in a number equal to that of active registered voters; provides that addresses of candidates who have the same last name shall be printed on the ballots or ballot labels as appropriate; changes provisions relating to testing of tabulating machines; provides that absentee voters who vote in person shall show identification; provides that challenges to absentee voters must be done prior to noon on the day of the election; eliminates the use of a hunting or fishing license as proper voter identification; provides that tampering with voting equipment is a felony
HB 41 Regular Session Failed
Description: Creates a reward of $25,000 for any person who furnishes information leading to the arrest and conviction of someone for election fraud
HB 45 Regular Session Failed
Description: Creates a reward of $25,000 for any person who furnishes information leading to the arrest and conviction of someone for election fraud
Kansas
HB 2239 Regular Session Failed
Description: Establishes as an election crime the act of mailing, publishing, broadcasting, telephoning or transmitting by any means false information intended to keep one or more voters from casting a ballot or applying for or returning an advance voting ballot; changes intimidation of voters from a Class A Misdemeanor to a Level 7 Nonperson Felony; expands definition of electioneering to include distributing, wearing or in any way exhibiting signs, posters, stickers, labels and other materials that clearly identify a candidate in the election or clearly indicate support or opposition to a question submitted
SB 102 Regular Session Failed
Description: Adds to the definition of voter intimidation the act of mailing, publishing, broadcasting, telephoning or transmitting by telefacsimile, electronic mail or any other means false information in-tended to prevent any person from casting a ballot or applying for or returning an advance voting ballot
SB 128 Regular Session Passed 2001 Kan. Sess. Laws, Chap. 125
Description: Creates a new election-related crime, expands and clarifies two existing election-related crimes, and increases the penalty for one of those crimes. The bill changes the deadline for a signed advanced voting ballot application to be returned to the county election office.
The bill does the following:
The crime of voter registration suppression is created and made a level 10, nonperson felony. The crime is defined as knowingly:
(1) destroying any application for voter registration signed by a person;
(2) obstructing the delivery of any signed application to the county election officer or the chief state election official; or
(3) failing to deliver any application to the appropriate county election officer or the chief state election official as required by law.
The crime of intimidation of voters is expanded to include mailing, publishing, broadcasting, telephoning, or transmitting by any means false information intended to keep one or more voters from casting a ballot or applying for or returning an advance voting ballot. The penalty for the crime of intimidation of voters is increased from a class A misdemeanor to a severity level 7 nonperson felony.
The crime of electioneering at polling places is changed to simply "electioneering" and is expanded to include attempting to persuade or influence eligible voters to vote for or against a particular candidate, party, or question submitted. Electioneering includes wearing, exhibiting, or distributing labels, signs, posters, stickers, or other materials that clearly identify a candidate in the election or clearly indicate support or opposition to a question submitted election. Excluded from the crime is displaying bumper stickers affixed to a motor vehicle that is used to transport voters to a polling place or to an advance voting site for the purpose of voting. The crime remains a class C misdemeanor.
Signed advance voting ballot applications would have to be returned to the county election office within two days after the application is signed by the applicant by the person distributing the applications.
Michigan
SB 251 Regular Session Pending
Description: Includes in criminal sentencing guidelines penalties for illegal internet voting
Mississippi
HB 404 Regular Session Failed
Description: Enhances penalties for absentee ballot violations (makes it a felony punishable by a fine of up to $2,000 and/or imprisonment of up to 2 years)
New Hampshire
HB 597 Regular Session Pending
Description: Permits inspector of elections to make a complaint to the judge of the superior court in the county where the election is held that election moderator has violated election law procedures
HB 664 Regular Session Pending
Description: Relative to disqualification for violating election laws
New Jersey
A 2997 Regular Session Pending
Description: Makes cyber piracy among candidates for elective office and certain committees a fourth degree crime (identical to S 2010)
New York
S 302 Regular Session Pending
Description: Conforms the punishment for crimes under the election law to similar crimes in the penal law
S 564 Regular Session Pending
Description: Provides that the state board of elections may impose civil penalties after an adjudicatory proceeding for the purpose of determining whether a violation of the election law has occurred, and expands upon the enforcement power of the state board of elections
Oregon
HB 3867 Regular Session Pending
Description: Requires evidence of citizenship for voter registration. Specifies when registration of qualified person occurs. Punishes intentional submission of false citizenship information by maximum five years' imprisonment, $100,000 fine, or both.
South Carolina
HB 3404 Regular Session Pending
Description: Changes the penalty for false swearing in applying for registration and fraudulent registration or voting from a misdemeanor to a felony and increases the maximum sentence.
Adds the offenses of bribing a person to register to vote, procuring or offering to procure votes by bribery.
Prohibits a person from using threats or another form of intimidation to endeavor another person to register to vote.
Texas
HB 2922 Regular Session Pending
Description: H.B. 2922 establishes a hotline for the reporting of an existing or potential abuse of voter rights.
Utah
SB 273 Regular Session Failed
Description: Authorizes the lieutenant governor to appoint an administrative law judge to adjudicate election complaints
Vermont
H 308 Regular Session Passed 2001 Vt. Acts, Act 5
Description: Specifies that checklist of persons qualified to vote only has to be posted in one location in addition to the town clerk's office, rather than two additional locations, in towns with a population of less than 5,000 qualified voters; requires testing of all voting machines at least 10 days prior to an election; permits boards of civil authority to use obituaries in determining a voter's eligibility; increases from $100 to $1,000 the fine for knowingly casting more than one ballot in a general election and from $50 to $1,000 the fine for interfering with a voter
Virginia
HB 2646 Regular Session Passed 2001 Va. Acts, Chap. 636
Description: Illegal voting and registrations.
Provides that any person who votes more than once, or induces another to vote more than once, in the same election is guilty of a Class 6 felony; and that any person who intentionally registers more than once, or induces another to register more than once, at multiple addresses is guilty of a Class 6 felony.
SB 1380 Regular Session Failed
Description: Provides that it is a Class 4 felony (two to 10 years imprisonment; fine up to $100,000) for any person (i) to induce or assist two or more persons to register to vote knowing that they are not qualified to register by reason of a felony conviction or (ii) to knowingly violate the absentee voting laws with respect to applications for ballots or the voting of absentee ballots by two or more persons residing in one state or local correctional facility, hospital, or private institution or medical care facility
Washington
HB 1739 Regular Session Passed 2001 Wash. Laws, Chap. 41
Description: Stipulates that an election officer who intentionally disenfranchises or discriminates an eligible voter is guilty of a misdemeanor; requires voter registration information in foreign languages; requires web page and toll free number for voters to communicate with sec state; requires auditor to inform voter's previous county of residence when voter changes registration so previous county can cancel registration; requires registration list maintenance program to detect if a person votes in more than one county; requires training for elections personnel on types of election law violations and discrimination; prohibits requiring a social security number for voter registration (SB 5579 companion)
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