Ballot Tampering Prosecutions
Ballot Tampering Prosecutions
Ballot tampering involves illegally interfering with the voting process—this can include altering ballots, stuffing ballot boxes, falsifying election results, or manipulating absentee/mail-in ballots. It’s a serious federal and state crime because it undermines democracy.
1. United States v. Alfrid Roque (2017)
Facts:
Alfrid Roque was convicted of ballot tampering in Florida for illegally assisting voters with absentee ballots, filling out ballots for them, and submitting them fraudulently during a local election.
Legal Issues:
Violations of federal election laws forbidding third-party completion or submission of absentee ballots.
Fraud and conspiracy charges related to undermining election integrity.
Outcome:
Roque was convicted and sentenced to prison. The court emphasized strict liability on those interfering with absentee ballots to protect voter intent.
Significance:
Reinforced protections around absentee ballots.
Demonstrated that third-party ballot handling without authorization is criminal.
Important for safeguarding mail-in voting integrity.
2. United States v. Henry Tyrone Edge (2012)
Facts:
Edge was charged in North Carolina for tampering with ballots during the 2008 election by altering votes on absentee ballots and submitting false returns.
Legal Issues:
Tampering with ballots under 18 U.S.C. § 595 (interference with election).
Conspiracy to commit election fraud.
Outcome:
Edge pleaded guilty and was sentenced to prison. His actions were held to be a direct attack on the electoral process.
Significance:
Shows federal commitment to prosecuting ballot tampering.
Highlights that tampering applies to both physical ballots and absentee ballots.
3. People v. Jennifer McDougall (2019) (California)
Facts:
Jennifer McDougall was convicted for ballot tampering after altering ballots during a local election and submitting multiple ballots fraudulently.
Legal Issues:
Violations of California Election Code prohibiting alteration and submission of false ballots.
Fraud charges related to election interference.
Outcome:
Convicted and sentenced to jail and fines.
Significance:
Example of state-level enforcement.
Demonstrates that even small-scale local tampering leads to criminal penalties.
4. United States v. Mark Anthony Allen (2016)
Facts:
Allen was involved in a scheme in Georgia where ballots were falsified and multiple ballots were submitted for a candidate in a city election.
Legal Issues:
Conspiracy to tamper with ballots.
Election fraud under federal law.
Outcome:
Allen was convicted and received a prison sentence.
Significance:
Showcases use of conspiracy charges in election crime prosecutions.
Reinforces that coordinated schemes to manipulate results carry heavy consequences.
5. United States v. Edward Wiley (2007)
Facts:
Wiley was charged with ballot tampering for attempting to influence an election in Alabama by illegally collecting absentee ballots, filling them out, and submitting fraudulent votes.
Legal Issues:
Violations of federal statutes protecting ballot integrity.
Election fraud and conspiracy.
Outcome:
Wiley pleaded guilty, sentenced to prison, and ordered restitution.
Significance:
One of the earlier federal cases on absentee ballot fraud.
Set precedent on illegal ballot collection and submission practices.
6. State v. Willie Smith (2015) (Texas)
Facts:
Willie Smith was prosecuted for tampering with ballots during a municipal election by stuffing ballot boxes and falsifying vote tallies.
Legal Issues:
Texas election code violations regarding ballot tampering.
Criminal conspiracy to manipulate election outcomes.
Outcome:
Convicted and sentenced to prison.
Significance:
Illustrates state courts’ active role in prosecuting physical ballot tampering.
Reinforces importance of chain of custody and election integrity.
Summary Table
| Case | Location | Key Offense | Outcome | Significance |
|---|---|---|---|---|
| United States v. Roque (2017) | Florida | Absentee ballot fraud | Prison sentence | Protects mail-in ballot integrity |
| United States v. Edge (2012) | North Carolina | Ballot alteration & absentee fraud | Guilty plea, prison | Federal crackdown on absentee fraud |
| People v. McDougall (2019) | California | Ballot alteration & submission | Conviction, jail | State enforcement of ballot tampering |
| United States v. Allen (2016) | Georgia | Conspiracy & ballot falsification | Conviction, prison | Use of conspiracy in election fraud |
| United States v. Wiley (2007) | Alabama | Absentee ballot fraud | Guilty plea, prison | Early absentee ballot fraud case |
| State v. Smith (2015) | Texas | Ballot box stuffing | Conviction, prison | State prosecution of physical tampering |
Overall Implications:
Ballot tampering is a serious crime under both federal and state law.
Prosecutions cover absentee/mail ballots and physical ballots.
Courts strictly enforce disclosure, chain of custody, and authenticity of ballots.
Conspiracy charges often accompany tampering to address coordinated fraud.
These cases serve to deter interference and maintain public confidence in elections.
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