In the United States, the will of the people is translated into government that serves rather than oppresses through the ballot box. Elections hold the government accountable to the people. It is through elections that political power is attained and political conflicts are channeled into peaceful resolutions.
Our constitutional system of representative government only works if honest ballots are not diluted by invalid ballots procured or inspired by corruption. As the Supreme Court stated in a case upholding federal convictions for ballot box stuffing:
“Every voter in a federal election, whether he votes for a candidate with little chance of winning or for one with little chance of losing, has a right under the Constitution to have his vote fairly counted, without its being distorted by fraudulently cast votes.” Anderson v. United States, 417 U.S. 211, 227 (1974).
When the election process is corrupted, our constitutional form of representative government is jeopardized. Accordingly, the aggressive prosecution of corruption of the election process must be the nation’s highest law enforcement priority.
Virtually all election crime is driven by a motive to control governmental power for some corrupt purpose. When election crime exists, public corruption of some form is also present.
The U.S. Department of Justice
According to the U.S. Department of Justice, the task of the federal prosecutor and investigator is not only to vindicate the fundamental principle of fair elections by convicting those who corrupt them, but also to find the motive behind the election fraud to prosecute those involved in the underlying corruption. The federal government asserts jurisdiction over an election offense to ensure that basic rights of United States citizenship, and a fundamental process of representative democracy, remain uncorrupted.
TYPES OF ELECTION CRIMES
- Election Fraud – Election fraud usually involves corruption of one of three processes: the obtaining and marking of ballots, the counting and certification of election results, or the registration of voters. Prosecutions are handled by the U.S. Department of Justice.
- Patronage Crimes – Patronage is a term used to describe the doctrine of “to the victor go the spoils.” Patronage crimes are most prevalent when one political faction or party dominates the political landscape but is also required to defend its position of power against a credible opposition. Patronage crimes are also common in jurisdictions where other forms of public corruption are prevalent and tolerated by the body politic. Prosecutions are handled by the U.S. Department of Justice.
- Campaign Financing Crimes – The federal campaign financing laws are embodied within the Federal Election Campaign Act (FECA). FECA applies to virtually all financial transactions that impact upon, directly or indirectly, the election of candidates for federal office, that is, candidates for President or Vice President or for the United States Senate or House of Representatives. FECA also regulates a wide range of communications aimed at influencing the public with respect to issues that are closely identified with federal candidates, referred to in the law as “electioneering communications.” FECA is administered and enforced by the Federal Election Commission.
- Civil Rights Crimes – Schemes to deprive minorities of the right to vote are federal crimes under the Voting Rights Act of 1965, as amended. 42 U.S.C. § 1973j. These prosecutions are handled by Criminal Section of the Civil Rights Division of the U.S. Department of Justice.
The Federal Election Commission
In 1975, Congress created the Federal Election Commission (FEC) to administer and enforce the Federal Election Campaign Act (FECA) – the statute that governs the financing of federal elections. The duties of the FEC, which is an independent regulatory agency, are to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of Presidential elections.
The Commission is made up of six members, who are appointed by the President and confirmed by the Senate. Each member serves a six-year term, and two seats are subject to appointment every two years. By law, no more than three Commissioners can be members of the same political party, and at least four votes are required for any official Commission action. This structure was created to encourage nonpartisan decisions. The Chairmanship of the Commission rotates among the members each year, with no member serving as Chairman more than once during his or her term.
The FEC has exclusive jurisdiction over the civil enforcement of the federal campaign finance law. In exercising that authority, the Commission uses a variety of methods to uncover possible election law violations:
- The agency’s monitoring process may detect potential violations through a review of a committee’s reports or through a Commission audit.
- Potential violations may be brought to the Commission’s attention through the complaint process. This process enables anyone to file a sworn complaint alleging violations and explaining the basis for the allegations.
- The referral process enables other government agencies to refer possible violations to the FEC.
- Any person or entity who believes it has committed a violation may bring the matter sua sponte to the Commission’s attention.
Each of the preceding may lead to an FEC enforcement case or Matter Under Review (MUR). By law, these matters must remain confidential until they are closed. In some cases, respondents may be given the option to participate in the Commission’s Alternative Dispute Resolution program, which seeks to resolve matters more swiftly through negotiation. Violations involving late submission of FEC reports or failure to file reports are subject to administrative fines, based on a schedule of penalties.
The Federal Bureau of Investigation (FBI)
The FBI, through its Public Corruption Unit, has an important but limited role in ensuring fair and free elections. Election crimes become federal cases when:
- The ballot includes one or more federal candidates;
- The crime involves an election official abusing their duties;
- The crime pertains to fraudulent voter registration;
- Voters are not U.S. citizens.
The FBI’s Public Corruption Unit requests that citizens call the election crimes coordinator at your local FBI office if you think an election crime is occurring. The FBI also publishes a list of Regional Hotlines to allow citizens to report public corruption and voter fraud.
Crimes Reportedly Committed by the Democratic National Committee (DNC) and its Presidential Candidate’s Campaign
Credible and specific information has been reported from various news organizations, investigative journalist and other sources, including Project Veritas and WikiLeaks. These reports exhaustively document both a criminal conspiracy to conduct election crimes and the conduct of those crimes by the individuals responsible. The crimes reportedly committed include:
- Instigation of protests and violence directed at terrorizing citizens that are not aligned with the DNC Presidential Candidate’s agenda.
- Conducting voter fraud operations, including fraudulent registrations, on an industrial scale to ensure the DNC Presidential Candidate’s victory and to deprive millions of Americans of the value of their vote.
- Broad violation of electioneering communications laws and associated financing rules prescribed by FECA.
Investigative Authority and Prosecution
For items 1 and 2 above, the U.S. Department of Justice is solely responsible for the investigation and prosecution of the crimes committed. Item 3 above falls under the purview and authority of the FEC. Citizens should insist that the Attorney General of the United States and the FEC immediately investigate the DNC and its Presidential Candidate’s Campaign for the crimes documented by Project Veritas and WikiLeaks.
How Can Citizens Protect Their Voting Rights?
According to USA.gov, the following are the most common types of reported voter fraud:
- Double voting (ballot stuffing): One individual casts more than one ballot in the same election.
- Dead voters: The name of a deceased person remains on a state’s official list of registered voters and a living person fraudulently casts a ballot in that name.
- Felon voter fraud: The casting of a ballot by a convicted felon who is not eligible to vote as a result of being a felon.
- Voter suppression: A variety of tactics aimed at lowering or suppressing the number of voters who might otherwise vote in a particular election.
- Registration fraud: Filling out and submitting a voter registration card for a fictional person, or filling out a voter registration card with the name of a real person, but without that person’s consent, and forging his or her signature on the card.
- Voter impersonation: A person claims to be someone else when casting a vote.
- Vote-buying: Agreements between voters and others to buy and sell votes, such as a candidate paying voters to vote for him or her.
- Fraud by election officials: Manipulation of ballots by officials administering the election, such as tossing out ballots or casting ballots in voters’ names.
In addition to the list above, non-citizen and alien voters are ineligible to vote for a candidate for the office of President, Vice President, Members of the U.S. Senate or Members of the U.S. House of Representatives. If you suspect that voter fraud has occurred, immediately report it to your local police or county sheriff’s office. The Federal Government requests that you also report the illegal activity to:
In addition, the FBI’s Public Corruption Unit requests that citizens call the election crimes coordinator at your local FBI office if you think an election crime is occurring. The FBI also publishes a list of Regional Hotlines to allow citizens to report public corruption and voter fraud.
Under our oath to defend the Constitution, we Oath Keepers have a responsibility to help police ensure the free and fair election process is not stolen from the citizens of the United States of America. To this end, our significant capabilities in conducting covert operations, intelligence gathering, and investigation can and should be leveraged to counter actions of any political party or criminal gang that attempts to disenfranchise the citizens of our nation. Learn more
References:
https://www.justice.gov/sites/default/files/criminal/legacy/2013/09/30/electbook-0507.pdf
https://www.fbi.gov/investigate/public-corruption/regional-corruption-hotlines
https://www.usa.gov/voting-laws
https://www.law.cornell.edu/uscode/text/18/611
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