Voter Fraud - Legal and Illegal
On February 5, 2008, Georgians (both Democrats and Republicans) cast their ballot in the Presidential Preference Primary Election. Many will speculate regarding the scope and extent of election fraud in those elections. Yet, not all election fraud is illegal.
In Georgia (among other states), there are two types of election fraud that are legal. Both present real and direct threats to the integrity and veracity of elections that are an integral part of both the Presidential nomination process and Georgia’s primary elections.
But first, what is election fraud? Most commonly, it is the participation in the election process under false pretenses with the specific intent of improperly influencing the outcome of an election. Sometimes it involves a person pretending to be someone else for the purpose of casting more than one vote. Other times, it involves corrupt election officials casting fabricated ballots for the purpose of changing an election outcome. Of course, these types of election fraud are illegal. However, not all participation in the election process under false pretenses for purposes of improperly influencing an election outcome is illegal.
There are two examples of legal election fraud that threaten the integrity of elections around the United States in 2008. The first is cross-over voting.
Georgia is an open primary state. (There are others including Alabama, Arkansas, Idaho, Indiana, Michigan, Mississippi, Missouri, Montana, Ohio, South Carolina, Tennessee, Vermont, Virginia and Wisconsin.) This means that a voter may cast a ballot in either party’s primary election regardless of the voter’s own actual party affiliation.
As a consequence, in Georgia (and in all other open primary states) a voter can pretend to be a member of a political party for purposes of voting in that party’s primary election (including the Presidential Preference Primary), even though the voter is not and has no intention of becoming a member of that political party. Most times, the purpose of the participation is purely political. The practice, sometimes referred to as “raiding,” is an attempt by voters of one party to influence the outcome of the other political party’s primary election. Sometimes the simple purpose is to defeat (or weaken) an opposing political party’s strongest potential nominee. Other times, it is to affirmatively select a weaker candidate to win the opposing political party’s nomination. In either case, the goal is to maximize their own party’s chances in the general election.
Obviously, cross-over voting involves participation in the election process under false (or at least misleading) pretenses for purposes of influencing the outcome of an election and it is legal in open primary states.
But this is not the only form of legal election fraud that potentially infects the 2008 election process. Georgia (along with many other states) permits a candidate to appear on one party’s primary ballot without preventing that same candidate from appearing on the General Election ballot as a candidate of another political party. How could this happen? In 2008, based on a variety of reports, it remains a real and distinct possibility.
So far this election cycle, Congressman Ron Paul has participated as a Republican in the Republican nomination process for purposes of nationally televised debates, media coverage, and Republican primary ballots. In order to qualify as a Republican, he declared himself to be a Republican. However, many speculate that his ultimate goal is to run in the General Election as a third-party candidate. (Some have speculated that Congressman Dennis Kucinich presents a similar risk for Democrats, although there has not been as much open talk among his supporters of a third-party candidacy.)
Voters might think that participating in the election process as a declared candidate of one political party would preclude that candidate from appearing on the General Election ballot for any other political party. That is not the law. In Georgia, Congressman Ron Paul can appear on the Georgia General Election ballot on November 4, 2008 as a third-party candidate even though he appeared on the Georgia Republican Presidential Preference primary ballot on February 5, 2008 as a Republican.
Both of these problems, cross-over voters and cross-over candidates, involve participation in the election process under false or misleading pretenses for the purpose of impacting elections. Yet, both are legal.
It is too late to change the law for the February 5th Presidential Preference Primary. But it is not too late to change the law for the many elections to come. In order to maintain (and in some cases restore) the confidence of all voters in the Presidential election process, real change is needed. Real change would require party registration for voters and candidates. Voters should be bound by their decision through the primary election cycle. And, candidates should be bound by their decision through the entire election cycle.
Anything less perpetuates both the suspicions of some and the realities that exist regarding the systemic barriers to fair and reliable elections that are free from election fraud (both legal and illegal).