How Is Voter Fraud Defined in California?

There are a number of laws that make voter fraud a crime in California

How Is Voter Fraud Defined in California?

The issue of voter fraud has been a hot topic in both local and national news for several years. As we head into one of the most hotly contested elections in modern history, the issue continues to make headlines. This is particularly true because of the popularity of mail-in voting, both in California and across the country.

In California, there are dozens of laws that address fraud as it relates to elections, which means that there isn’t a single definition of voter fraud. As a criminal defense lawyer in Rancho Cucamonga, CA can explain, there are four main categories of election fraud:

  1. Petition initiative violations
  2. Election day and voting violations
  3. Voter registration violations
  4. Election and nomination violations

Voter registration fraud is uncommon, yet it is often referenced by politicians who seek to undermine confidence in our electoral systems. In California, voter registration fraud may occur when a person registers to vote when they are not eligible to do so, registering as a fictitious person, or registering to vote as a person who doesn’t exist (such as someone who has died, or even registering your pet to vote).

Each of these offenses is a wobbler, which means that they can be charged as a felony or a misdemeanor, depending on the facts of the case and the defendant’s criminal history. As a felony, voter registration fraud is punishable by up to 3 years in jail and/or a fine. As a misdemeanor, voter registration fraud is punishable by up to 1 year in county jail and/or a fine.

Other types of fraud may occur on election day, or in the voting process. Election day fraud is typically charged as a felony, punishable by up to 3 years in county jail and/or a fine of up to $1,000 or $10,000. These crimes include things like:

  • Impersonating another voter
  • Voting in an election when you are not entitled to do so
  • Using threats or coercion to influence someone’s vote
  • Offering or accepting money for a vote
  • Voting more than once in the same election
  • Voting with someone else’s vote by mail ballot

While many election-related crimes are fairly obvious, like tampering with a voting machine (a felony), others may be surprising to many Californians. This includes bringing a gun to a polling place (a wobbler) or trying to influence a vote within 100 feet of a polling place (a felony). If you challenge a person’s right to vote without probable cause to do so, you could also be charged with a misdemeanor or a felony crime.

At the Chambers Law Firm, we encourage everyone to exercise their right to vote, and to do so in accordance with the laws. If you are charged with a crime related to voting or the election, we can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a criminal defense lawyer in Rancho Cucamonga, CA.

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