Election Crimes

There are two main componenents of election crimes: campaign finance crimes and ballot fraud. The financing of federal campaigns is regulated by the Federal Election Campaign Act (FECA) of 1971, which was amended in 2002 when Congress passed the Bipartisan Campaign Reform Act (BCRA). One of the objectives of this legislation is to close major loopholes involving so-called ‘soft money’ and ‘issue advocacy’ that had evolved since 1971.

The BCRA also enhanced the criminal penalties for knowing and willful FECA violations. As of now, all FECA violations that aggregate $25,000 or more in a calendar year are felonies subject to imprisonment for five years and, except for conduit violations, fines imposed pursuant to 18 U.S.C. § 3571 (up to $250,000 for each offense by an individual and up to $500,000 for each offense by an organization).

Campaign finance crimes include someone giving more than $4,600 to a federal candidate (there are however various limits regarding donations to and from committees and groups). Moreover, it is also a campaign finance crime for someone to try to circumvent this restriction by asking someone else to give money to a federal candidate on their behalf and promising to reimburse the friend. It’s just as illegal if you appoint an agent. It is also an election crime for a corporation to give corporate money to a federal candidate, or for anyone who is neither a citizen nor a green card holder to donate to a federal, state, or local candidate.

Also known as voter fraud, ballot fraud is an illegal manipulation of an election. It can affect vote counts and impact the results of elections. One example of voter fraud is if a voter intentionally gives false information when registering to vote. That is a violation of federal law. Obviously, it is illegal to receive any form of payment in exchange for registering and/or voting. Violations are punishable by imprisonment for up to five years. The statute also prohibits “vote buying”, which refers to any payment made or offered to a potential voter “for registering to vote or for voting”.

It is also illegal in any election in which a federal candidate is on the ballot for a voter to vote more than one. This is often called “ballot stuffing” and violations are punishable by imprisonment for up to five years.

It is illegal for an election official corrupts to misrepresent his/her authority to speak, write, or otherwise act for any other federal candidate or political party in a matter in a detrimental manner. The statute also forbids any person from fraudulently representing his or her authority to solicit contributions on behalf of a federal candidate or political party.

We encourage you to keep yourself abreast of voting news, make sure that you are aware of your rights and plan when and how you will cast your vote. If you feel that your constitutional right to a free and fair election is being infringed upon, we invite you to contact us today and we will help in any way possible.