Double Voting Prosecutions In Us Courts
🔠Double Voting: Legal Background
What Is Double Voting?
Double voting is the illegal act of casting more than one ballot in an election — either by voting multiple times in the same election jurisdiction or voting in multiple jurisdictions where prohibited.
Why Is It Prohibited?
Violates election integrity and fairness.
Undermines democratic process.
Statutes provide criminal penalties to deter and punish.
Relevant Laws
Federal Law: 52 U.S.C. § 10307(e) — prohibits double voting in federal elections.
State Laws: Vary by state but generally criminalize multiple votes with penalties ranging from misdemeanors to felonies.
âš–ï¸ Key Double Voting Prosecution Cases
1. United States v. Brown, 578 F.2d 1282 (7th Cir. 1978)
Facts: Defendant was charged with voting twice in a federal election after moving residences but voting in both old and new districts.
Issue: Whether the defendant knowingly violated double voting statute.
Holding: Court upheld conviction, emphasizing the need for clear proof of intentional double voting.
Significance: Established intent as a critical element in double voting prosecutions.
2. United States v. Hall, 664 F.3d 456 (3d Cir. 2011)
Facts: Defendant voted absentee in two different states for the same federal election.
Issue: Application of double voting prohibition across state lines.
Holding: Court affirmed that voting in two states for the same federal election violated federal law.
Significance: Reinforced the reach of federal law over interstate double voting.
3. People v. Smith, 227 Cal. App. 2d 749 (1964)
Facts: Defendant voted twice in local elections in different precincts within California.
Issue: State law interpretation of double voting offense.
Holding: California court convicted, finding no exception for voting in multiple precincts within the same election.
Significance: Clarified that state statutes broadly prohibit multiple votes in local elections.
4. State v. Johnson, 294 N.W.2d 791 (Minn. 1980)
Facts: Defendant was charged with voting absentee in one precinct and in person in another.
Issue: Whether absentee and in-person votes in different precincts constitute double voting.
Holding: Minnesota Supreme Court upheld the conviction.
Significance: Established that type of ballot (absentee or in-person) doesn’t excuse double voting.
5. United States v. Kattar, 840 F.3d 1084 (9th Cir. 2016)
Facts: Defendant voted early in one state and tried to vote in person in another for the same election.
Issue: Whether attempted double voting, even if second vote was not counted, is prosecutable.
Holding: Court ruled attempt and act of casting multiple ballots are punishable.
Significance: Clarified that even attempts to double vote can lead to prosecution.
6. People v. Ramirez, 98 Cal. App. 4th 761 (2002)
Facts: Defendant was convicted of voting twice due to confusion over registration status.
Issue: Whether lack of intent can negate double voting charges.
Holding: Court emphasized intent is required for conviction; mere mistakes do not suffice.
Significance: Highlighted the necessity of proving knowingly illegal double voting.
7. United States v. Adamo, 742 F. Supp. 2d 684 (E.D. Pa. 2010)
Facts: Defendant voted twice in federal elections with different identification.
Issue: Use of fraudulent ID in double voting prosecution.
Holding: Court upheld conviction, stressing fraudulent intent.
Significance: Shows how fraud elements strengthen double voting cases.
🧠Summary Table
| Case | Key Issue | Takeaway |
|---|---|---|
| U.S. v. Brown | Intent in double voting | Must prove knowing violation |
| U.S. v. Hall | Interstate double voting | Federal law prohibits multi-state voting |
| People v. Smith | Local elections double voting | Multiple precinct votes prohibited |
| State v. Johnson | Absentee + in-person votes | Both types count toward double voting |
| U.S. v. Kattar | Attempted double voting | Attempt alone punishable |
| People v. Ramirez | Intent requirement | Mistake ≠criminal double voting |
| U.S. v. Adamo | Fraudulent ID use | Fraud strengthens prosecution |
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