This article reviews Federal statues intended to prevent and punish election law violations by public officials, candidates, and other political actors.
The article first explains statutory provisions that address several election fraud offenses. Election fraud typically intends to ensure that “important elected positions are held by ‘friendly’ candidates.” Election fraud can involve corruption related to voter registration, balloting, and vote counting and certification. Election fraud is usually a precursor or companion to public corruption. Election fraud also includes violations linked to primary elections. In addition, election law intends to prevent and punish violations against voters that are intended to prevent votes for a particular candidate or candidates of a particular political party. Violations of laws pertaining to voter intimidation relate to conspiracy against the right to vote, deprivation of rights under the color of law, attempts to prevent federally protected activities, intimidation related to voting choice and registering, and the deployment of law enforcement officers at polls. Voter fraud statutes are law violations perpetrated by voters. These pertain to false information in registering or voting, fraudulent registration or voting, voting more than once, false citizenship claims in registering or voting, and voting by aliens. An overview of alternative theories of prosecution are explained under the Travel Act and theories of mail fraud. The concluding section focuses on campaign finance laws and violations. These laws aim to reduce the influence of money on the political process by placing limitations on who may contribute and how much may be contributed. 339 notes