Absentee Ballot Fraud Prosecutions
π What Is Absentee Ballot Fraud?
Absentee ballot fraud refers to any intentional deception in the voting process involving ballots cast outside of polling places β usually by mail. These frauds aim to influence election outcomes by manipulating how absentee ballots are requested, filled out, collected, or counted.
βοΈ Key Federal and State Laws Involved
18 U.S.C. Β§ 1341 β Mail Fraud
52 U.S.C. Β§ 10307 β Voting rights protections; prohibits fraud in federal elections.
18 U.S.C. Β§ 371 β Conspiracy to commit offense against the United States.
State Election Laws β Each state has its own statutes criminalizing election and voting fraud, including absentee ballot misuse.
Common Types of Absentee Ballot Fraud
Requesting absentee ballots under false names or for ineligible voters.
Forging voter signatures on ballots or applications.
Filling out ballots for others without their consent (ballot harvesting abuse).
Intimidating or coercing voters to vote a certain way.
Intercepting and altering or discarding legitimate ballots.
β Detailed Case Law Examples
1. United States v. Isaac Perlmutter et al. (Florida, 1998)
Facts:
Perlmutter and associates conducted a scheme in a local mayoral election where elderly and vulnerable voters were targeted.
Campaign workers βhelpedβ residents complete absentee ballots, often marking choices without their consent.
Charges:
Mail fraud
Conspiracy
Illegal handling of absentee ballots under Florida law
Outcome:
Several campaign workers pleaded guilty.
Sentences ranged from probation to short jail terms.
Significance:
Early case showing how absentee ballots can be misused to manipulate local elections.
Raised scrutiny over ballot βassistanceβ practices in elder communities.
2. United States v. McCrae Dowless (North Carolina, 2018)
Facts:
Dowless was hired by a congressional candidate in NC-9 and orchestrated a scheme to collect, alter, and sometimes discard absentee ballots.
His team filled out incomplete ballots and forged voter signatures.
Charges:
Multiple counts of obstruction of justice
Illegal possession and tampering of absentee ballots under NC law
Perjury and conspiracy
Outcome:
Dowless was indicted and pleaded guilty to multiple charges before his death in 2022.
The congressional race was invalidated and re-run.
Significance:
One of the most publicized modern cases of absentee ballot fraud.
Proved that such fraud can affect federal races and lead to invalidated elections.
3. State of Texas v. Rosa Maria Ortega (2017)
Facts:
Ortega, a non-citizen, illegally voted in multiple elections using absentee ballots.
Claimed confusion about eligibility but had marked herself as a non-citizen on other government forms.
Charges:
Illegal voting under Texas law
Election fraud
Outcome:
Convicted and sentenced to 8 years in prison.
Became a symbol in the national debate on voter fraud and election security.
Significance:
Showed how voter registration systems failed to catch ineligible voters.
Controversial sentence sparked national discussion.
4. United States v. James Snipes (Texas, 2007)
Facts:
Snipes, a city mayor, was convicted of unlawfully possessing and submitting absentee ballots that had been improperly collected and filled out.
Charges:
Illegal voting practices under Texas law
Tampering with government documents
Outcome:
Convicted and sentenced to 3 years of probation, community service, and fines.
Significance:
Emphasized abuse of power by elected officials.
Reinforced that even small-town election fraud is prosecutable.
5. People v. Tom Barrett and Sherry Sherrod (Michigan, 2020)
Facts:
Barrett and Sherrod, in a city council election, were accused of falsifying absentee ballot applications using fake names and addresses.
Charges:
Election fraud
Conspiracy to commit election fraud
Misconduct in office
Outcome:
Charges were reduced in plea agreements.
Both defendants received probation and fines.
Significance:
Focused on fraud during the application stage β a common fraud vector.
Showed how fraud schemes often involve forged applications before ballots are even mailed.
6. State v. Chadwick Smith (Alabama, 2000)
Facts:
Smith, a candidate for city council, submitted multiple absentee ballots with forged signatures and false information.
Ballots were sent from voters who were either unaware or whose votes were changed.
Charges:
Election fraud
Forgery
Tampering with public records
Outcome:
Convicted and sentenced to 10 years (suspended), 5 years probation, and community service.
Significance:
High-profile case in Alabama that pushed for tighter absentee ballot regulations.
π Summary Table
| Case | Jurisdiction | Key Issue | Outcome | Legal Importance |
|---|---|---|---|---|
| U.S. v. Perlmutter (1998) | Florida | Fraudulently assisting elderly with ballots | Guilty pleas, probation/jail | Elder exploitation in local elections |
| U.S. v. Dowless (2018) | North Carolina | Ballot harvesting, forgery, tampering | Guilty plea (before death) | Congressional race overturned |
| Texas v. Ortega (2017) | Texas | Illegal voting by a non-citizen | 8 years in prison | Sparked national debate on voter ID laws |
| U.S. v. Snipes (2007) | Texas | Illegal possession and submission of ballots | Probation, fines | Mayor abusing absentee ballot process |
| Michigan v. Barrett & Sherrod (2020) | Michigan | Forged absentee ballot applications | Probation | Focused on application-stage fraud |
| Alabama v. Chadwick Smith (2000) | Alabama | Forged and fraudulent absentee ballots | Convicted, probation | Tightened state controls on absentee voting |
π Key Takeaways
Most absentee ballot fraud occurs in local elections, where a few ballots can alter results.
Prosecutions are rare but real, especially when fraud is widespread or organized.
Federal charges apply when:
Fraud affects a federal election.
The U.S. Postal Service is used to transmit fraudulent ballots (mail fraud).
States vary widely in how absentee ballot fraud is investigated and prosecuted.
Penalties include prison, fines, probation, and sometimes disqualification from office.
π Conclusion
Absentee ballot fraud remains a politically sensitive and legally serious issue. While widespread fraud is statistically rare, prosecutions do occur and often involve small-scale but impactful manipulation of absentee voting systems. The legal threshold for proving fraud is high, requiring clear intent and evidence. Nonetheless, states and federal prosecutors take such crimes seriously due to the integrity risks they pose to democratic elections.
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