Election Fraud Cases

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StateGeorgiaYear2018NameGeorgia's 28th House DistrictCase TypeJudicial FindingFraud TypeElection Overturned

The 2018 election for Georgia's 28th House district was overturned twice by Senior Superior Court Judge David Sweat because some out-of-district voters submitted ballots, some voters moved out of the district between the first and second runoff elections, and there was at least one instance of duplicate voting. Though individuals were not prosecuted, this northeastern Georgia district faced three elections in the same year between the same Republican candidates (no Democrats ran). In the end, the incumbent lost to challenger Chris Erwin.

Source: https://herit.ag/3vOk50B, https://herit.ag/3bdrgWS

Key & Definitions

Types of Cases

Criminal Conviction

Any case that results in a defendant entering a plea of guilty or no contest, or being found guilty in court of election-related offenses.

Judicial Finding

A finding by a court of law that fraud occurred in an election, including judicial orders overturning election results or ordering a new election due to fraud.

Civil Penalty

Any civil case resulting in fines or other penalties imposed for a violation of election laws.

Official Finding

A finding by a government body that fraud occurred in an election, including orders overturning election results or ordering a new election due to fraud.

Diversion Program

Any criminal case in which a judge directs a defendant into a pre-trial diversion program, or stays or defers adjudication with the understanding that the conviction will be cleared upon completion of the program.

Types of Voter Fraud

Fraudulent Use Of Absentee Ballots

Requesting absentee ballots and voting without the knowledge of the actual voter; or obtaining the absentee ballot from a voter and either filling it in directly and forging the voter’s signature or illegally telling the voter who to vote for.

Ineligible Voting

Illegal registration and voting by individuals who are not U.S. citizens, are convicted felons, or are otherwise not eligible to vote.

Impersonation Fraud At The Polls

Voting in the name of other legitimate voters and voters who have died, moved away, or lost their right to vote because they are felons, but remain registered.

Buying Votes

Paying voters to cast either an in-person or absentee ballot for a particular candidate.

Ballot Petition Fraud

Forging the signatures of registered voters on the ballot petitions that must be filed with election officials in some states for a candidate or issue to be listed on the official ballot

Duplicate Voting

Registering in multiple locations and voting in the same election in more than one jurisdiction or state.

False Registrations

Voting under fraudulent voter registrations that either use a phony name and a real or fake address or claim residence in a particular jurisdiction where the registered voter does not actually live and is not entitled to vote.

Altering The Vote Count

Changing the actual vote count either in a precinct or at the central location where votes are counted.

Illegal "Assistance" At The Polls

Forcing or intimidating voters—particularly the elderly, disabled, illiterate, and those for whom English is a second language—to vote for particular candidates while supposedly providing them with “assistance.”