John Fund Quotes

Two of the biggest barriers to the prosecution of voter fraud are the misapplication of resources within the Justice Department and the political and ideological bias of too many of its lawyers.

Election fraud, whether it’s phony voter registration, illegal absentee ballots, shady recounts or old-fashioned ballot-box stuffing, can be found in every part of the United States, although it is probably spreading because of the ever-so-tight divisions that have polarized the country and created so many close elections lately.

In November 2000, voters in San Francisco and in Pulaski County, Arkansas, learned firsthand about the havoc that malfunctioning machines can bring. In one San Francisco polling place, 362 people signed in to vote, and 357 paper ballots were counted manually, but ES&S machines reported that 416 people had voted there. In Arkansas, nearly thirty voters reported that the machines cast their vote for the wrong candidate—after they pushed the button for their candidate of choice, another name popped up.

Local registration and election boards should be composed of citizen appointees. All such boards should have equal representation from both major political parties and at least one independent or third-party member. We’ve seen over and over, from St. Louis to Palm Beach County, how conflicts of interest are created if election boards are run by officials who have to run for offices themselves—often as partisans. ‘I think you’ll see most of the problems in bad management of elections occur where the top position isn’t nonpartisan and where most of the oversight is by people deeply involved in the political process,’ says Mischelle Townsend, the registrar of voters in Riverside County, California.

Absentee-ballot fraud in particular is difficult to control. It is ‘the tool of choice’ for those who are engaging in election fraud,’ as the Florida Department of Law Enforcement concluded in its investigation of the 1997 Miami mayoral election. The results of that election were thrown out because of massive fraud involving more than five thousand absentee ballots, andThe Miami Heraldwon a Pulitzer Prize in 1999 for its innovative investigation into the voter fraud. With the increasing use of no-fault absentee voting and all-mail elections, there is the real risk that fraud will affect more election results and potentially wipe out voting rights hard won by the civil rights movement.

The 93 offices of the U.S. Attorneys located throughout the country share responsibility for prosecutions with the Election Crimes Unit. But given their many other responsibilities, vote fraud is not high on their priorities, particularly because they are well aware of the enormous criticism prosecutors receive from the civil rights community when they pursue election cases, as happened during the Bush administration. There is a Designated Election Officer in each office, an Assistant U.S. Attorney, who is supposed to deal with election crimes. But the vast majority have never investigated or prosecuted a voter-fraud case, and have no experience or interest in doing so.

A similar investigation by the New York Daily News of voting rolls in New York City and Florida found 46,000 individuals registered in both states, 68 percent of whom were Democrats; 12 percent were Republicans, and 16 percent didn’t claim a party. Between 400 and 1,000 individuals voted in both states in at least one election—this in Florida, where the presidential election was decided in 2000 by 537 votes—and some of the registered voters double-voted in multiple elections.

In November 2003, there was a power failure with one of the Sequoia machines in San Jose, California. It was repaired by unknown technicians in the middle of an election without any supervision from county officials. According to the San Jose Mercury News, no one on site could say what the technicians repaired or changed. Then, in March 2004, Sequoia voting machines failed to record nearly seven thousand votes in Napa County, California, because voters used the wrong ink on optical scan ballots. The glitch affected the outcome of numerous races in all levels of government as well as ballot initiative measures.

Many Democrats feel that the justices of the U.S. Supreme Court titled toward Bush, and they refuse to accept his victory as valid. But this issue transcends ‘red states’ vs. ‘blue states’ partisan grievances. Many Americans are convinced that politicians can’t be trusted to play by the rules and will either commit fraud or intimidate voters at the slightest opportunity.

The NPV plan strikes at the Founders’ view of federalism and a representative republic—one where popular sovereignty is balanced by structural protection for state governments and minority interests. It like would violate the Constitution’s Compact Clause. In an age of perceived political dysfunction, effective policies that already are in place—especially successful policies established by this nation’s Founders, like the Electoral College—should be preserved.

It does not take a visionary to see that, in the absence of clear rules, we can expect campaign lawyers to attempt to turn the most implausible legal theory into a court ruling in their favor. Vague rules on provisional voting could create a nightmare in which the results of a presidential race aren’t known for days. Recall the 35 days it took Colorado officials to decide just one congressional race.

A veteran Justice Department prosecutor told one of the authors that while there was never an official memorandum delineating the Clinton administration’s policy on [voter fraud], the unofficial word had come down from the Clinton political leadership to the career prosecutors that there was ‘no interest’ in pursuing voter fraud cases.

The [National Voter Registration Act of 1993] imposed an unfunded mandate on the states by requiring that anyone entering a government office to renew a driver’s license or apply for welfare or unemployment compensation would be offered the chance to register on the spot to vote. Examiners were under orders not to ask anyone for identification or proof of citizenship. States also had to permit mail-in voter registration, which allowed anyone to register without any personal contact with a registrar or election official. Finally, states were limited in pruning ‘deadwood’—people who had died, moved or been convicted of crimes—from their rolls. Now, people who didn’t vote would be kept on the registration rolls for at least eight years before anyone could remove them.

The Department of Justice prosecuted its largest voter fraud case ever in Chicago—prosecutors estimated that 100,000 fraudulent ballots were cast in the 1982 gubernatorial election. The conspirators came within five thousand votes of changing the race to the losing Democratic candidate, and a federal grand jury found that ‘similar fraudulent activities’ had occurred in prior elections. Ten of thousands of individuals had voted twice; thousands of other bogus votes had been cast in the name of individuals who were dead, in prison, or whose registered addresses were vacant lots. Absent voters were impersonated, voters’ signatures on ballot applications ‘had been forged wholesale in many precincts,’ and votes were fraudulently cast under fictitious voter registrations and in the names of transients, the incapacitated, and senior citizens.

In the crucial November 2002 race for governor, Sequoia client Bernalillo County, New Mexico, had more than 48,000 people show up at six sites with Sequoia voting machines. Somehow, only 36,000 were recorded. The company later admitted that voters in Clark County, Nevada, had had the same problem with Sequoia’s machines just weeks earlier.