The Truth About Voting By Mail & Election Fraud | LegalEagle’s Real Law Review

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Keeping in mind that there has not been one piece of evidence supporting the claim that widespread voting fraud exists introduced in any of 34 legal challenges to state voting law changes.

👍︎︎ 8 👤︎︎ u/TUGrad 📅︎︎ Aug 28 2020 🗫︎ replies
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- Thanks to Mack Weldon for keeping Legal Eagle in the air and helping me look fly. President Trump caused quite a stir when he tweeted that the election should be delayed because Democrats were about to commit mass voter fraud by encouraging people to vote by mail. Now I've already covered the possibility of election delays in my video, "Can the President Cancel the Election?" And I and most people came to the conclusion that because the election is enshrined in the constitution, that President Trump probably cannot delay or cancel the election. But President Trump's recent comments about voting by mail, raise a different issue entirely not canceling the election or postponing the election, but voter suppression. And according to the President, voting by absentee ballot is safe while voting by mail is unsafe. Apparently unaware that those are basically the same thing. Then the Trump Campaign recently sued the state of Nevada for its plans to send every registered voter a ballot. Now, why are states suddenly interested in increasing opportunities to vote by mail? And are there legal insecurity differences in how mailed ballots and absentee ballots are handled and counted? And does the president have the power to change the way that states run their elections? Well, today we're going to learn about the laws that regulate elections, the prevalence of voter fraud or lack thereof, and the safety of mail-in votes and absentee ballots. (upbeat music) Hey, Legal Eagles, it's time to think like a lawyer because we have an election coming up and the presence of the COVID-19 pandemic has changed absolutely everything. And I never thought I'd say this, but it appears that the president is trying to get people not to vote in the November election. - I've said it before, and I'll say it again. Democracy simply doesn't work. - So the first question we need to ask is who regulates voting in general? Well, there's actually a fair amount of federalism in voting. The U.S. Constitution Elections Clause, Article one, Section four, empowers the states to determine the quote, "Time, place and manner" of congressional elections subject to Congress's authority to make or alter state regulations. Dividing the power between the states and federal government is a cornerstone of American federalism. state and local governments therefore have the authority to enact laws for such elections, including rules concerning public notices, voter registration, voter protection, fraud protection, vote counting and determination of election results. However, Congress may pass federal laws, regulating congressional elections, which then automatically preempt any contrary state statutes. And Congress can also enact its own regulations, if the states didn't address something important, but remember both Congress and state governments are constrained by the other protections guaranteed by the constitution. For example, if a state imposes barriers to voting that violate the 14th Amendment, the laws can be challenged as unconstitutional. During the Jim Crow era, states enacted laws designed to stop black voters from voting such as literacy tests, property ownership requirements, and mandatory of fees known as poll taxes. But for the most part, the laws that regulate how a person votes such as what time the polls open and close, the deadline for registering or the assignment of polling places are all examples of decisions that the Elections Clause of the constitution allows for the states to make. So the vast majority of laws that govern elections are handled by the states and neither the president, the executive or Congress has anything to really say about that particular regulation. But what about election security? Congress has never passed significantly legislation mandating security procedures for paper ballots or electronic ballots, even elections equipment, including the software from private vendors is mostly unregulated. And in the absence of federal laws, states have developed their own security protocols. Many experts have argued that Congress should probably step in and regulate security procedures to create uniformity amongst the states, including federal agencies, and actually in November of 2019, several federal agencies, including Homeland and Security, the Justice Department and the FBI released a joint statement, naming election security as quote, "A top priority for the United states government." These agencies were chiefly concerned about threats from foreign countries and other bad actors. Congress did not pass an election security bill after this warning. And when Democrats tried to add funding for voter security measures to legislation addressing the COVID-19 crisis, specifically targeting the safety of voting by mail, President Trump described it as a scam to stop Republicans from winning objection, stating quote, "You'd never have a Republican elected in this country again if the money for mail-in voting was included in the bill." And there is some truth to the President's statement, even if it is a crass political truth, which is that research tends to show that when voter turnout goes up, it favors the Democrats and disfavors the Republicans, but saying that you actually want lower voter turnout is a bit like saying the quiet part out loud, but that takes us to the COVID-19 crisis. Now, before the COVID-19 pandemic, the main concern about the security of voting systems was the software and hardware used to tally, scan, collate and report votes could be manipulated or hacked. And truthfully that probably deserves its own video because our electronic voting systems are woefully inadequate and really need additional security measures. But the primary concern changed when the COVID-19 pandemic hit. No longer were people so worried about the electronic voting at actual formal polling places, but instead, people didn't want to leave their homes. And since we don't have a system of being able to vote electronically from home, the emphasis changed to voting by mail and absentee ballots. And in a way, this seemed like a perfect solution. People could vote from home, minimum using the risk of transmitting or receiving the COVID-19 virus and many politicians on both sides of the aisle and many different states were trying to encourage people to vote by mail. Now I have been using the terms, absentee voting and voting by mail almost interchangeably, but let's talk about the difference between those two terms. Practically speaking, as a regard to an individual ballot, there's almost no difference, if you vote by mail or vote by absentee, you are taking your ballot, you're filling it out at home or some other place, and you're mailing it into the place it's going to register your vote. Really, the only difference is in terms of scale, an absentee ballot is sort of an exception to the general rule. If you're unable to go to a physical polling place or you live outside of the state temporarily, then you can ask for an absentee ballot, you can fill it out and then send it into the polling place as an exception to the general rule that you would have to go in in person. Voting by mail is effectively the same thing, just a difference of scope. Instead of asking for an absentee ballot as an exception, everyone can vote by mail regardless of whether they meet the criteria for an absentee ballot or not. And states differ in terms of whether you need to formally register ahead of time for a mail-in ballot, or whether the state will just send every registered voter, a mail-in ballot without having to preregister. And while voting by mail is certainly getting a lot of scrutiny now, it's definitely nothing new. Some states, including Washington, Utah and Colorado have been voting only by mail for several years. Initially mail-in voting was supported by both Republicans and Democrats. However, President Trump was disturbed by this development and he started tweeting his concerns about alleged differences between absentee ballots and vote by mail. In the President's mind, it appears that absentee ballots are good and mail-in ballots are bad. - And you get thousands and thousands of people sitting in somebody's living room, signing ballots all over the place. No, I think that mail-in voting is a terrible thing. - Does that really happen? The short answer is, no, because there's little practical difference between the absentee ballots and mailed ballots. President Trump's own lawyers even admit this in a lawsuit, challenging Pennsylvania's mail-in voting rules. The President's campaign says, the quote, "The terms 'mail-in' and 'absentee' are used interchangeably to discuss the use of the United states Postal Service to deliver ballots to and from elections." So let's dig in a little bit deeper into the various states voting laws. All states allow voters who have a reason they can't vote on election day to request a ballot in advance. Well, a majority of states currently let all voters ask for a ballot in advance without needing an excuse for why the person can't vote in person. And some states adhere to the traditional concept of an absentee ballot. An absentee ballot technically is an old term that meant someone was voting by mail because on election day they would be absent from the jurisdiction in which they lived. And 16 states still only permit certain voters to request an absentee ballot by mail when they have an excuse for not being able to vote at the polls on election day. Either that they won't be in the jurisdiction on that day or that they have an illness or disability. This is the traditional meeting of voting absentee. In all states, military voters who are mostly covered by federal law are permitted to vote absentee. The states have a range of other excuses that justify voting absentee like medical emergency, confinement to jail or confinement to medical facility, and many states also give special help to those who can't vote in person. For example, in Arizona, election officials will deliver an absentee ballot to voters confined due to a medical emergency, but that's in contrast to what's called No-Excuse mailed ballots. Delays in problem at polling locations frequently cause the kind of disturbing problems with that we see on election day, long lines, broken electronic voting machines, and people turned away because time ran out. state legislatures address some of these problems by expanding the number of days for early in-person voting and eliminating the restrictions as to who can vote absentee or by mail. This is why 34 states in Washington DC have what's called No-Excuse absentee or mail-in voting. And a quick note on terminology since state laws are not identical, you may see states using different terminology like advanced ballots, mailed ballots, by mail ballots, and vote by mail ballots. Although different terms are used generally, they mean the same thing. And although the word mail is used in almost all of them, this means that the ballots are mailed to the voter. Voters can send them back via the mail, but all states also allow the voters to drop them off at designated secure locations. Voters who live in these states don't need to claim that they will be out of the jurisdiction or that they have any kind of illness or emergency that makes it impossible for them to vote in person. And some states like Oregon, Washington, Hawaii and Colorado automatically send a ballot to every registered voter and some people hate this. But now is probably a good time to talk about some of the misconceptions about the security or security problems of No-Excuse mail-in ballots. The main claim that President Trump and various Republicans are making is that No-Excuse absentee ballots are less secure than absentee ballots that require an excuse. President Trump says that there are very strict protocols for absentee ballots, but that these strict security protocols aren't used for mail-in ballots. And this is strictly speaking, not factual. The states don't have two separate systems for voters who will be absent from their voting district and those who prefer to vote by mail. And really each state has its own security protocols for mailed ballots. And here's a rundown of most important security features. One is that a ballot can't be mailed to a person unless they are an eligible and registered voter. This means that a person must fill out registration forms and have their address confirmed. Ballots can't be forwarded to a new address, which means that a person must also have a current address to receive a ballot in the mail. And generally ballots arriving before election day are stored in a secure room. Some states use security cameras to monitor the rooms. Some received ballots also are stored using special locks, such as locks that require bipartisan teams to open and ballots often have a barcode, and this means that a voter can only be issued one ballot. In states with barcoding, it's incredibly difficult, if not effectively impossible to just simply fill out a new ballot for someone who was already mailed in a ballot and had their barcode registered. And often states that mail every voter a ballot use multi-layer security envelopes in signature matching. And since your verification is one of the major security checks that states use to track ballots, every ballot is tracked in an election management system that tries to prevent double voting. And often every signature that is returned on every ballot is then checked against the signature on file with the voters registration, local officials then determine if the ballot was returned by an eligible voter. Additionally, the U.S. Postal Service recently sent a vote by mail kit to over 11,000 local election officials. These kits encourage them to adopt best practices, including the post offices intelligent mail barcode, which lets mailed ballots be fully documented as they move to and from voters and can make it easier to identify legal votes. But obviously no system is perfect and these measures haven't stopped the President from predicting mass voter fraud. But let's talk about voter fraud and how that differs from voter suppression. Voter fraud is the illegal behavior of individual voters, whether you are fraudulently creating duplicate votes, or you are fraudulently voting on behalf of someone who you're not supposed to be voting for. Voter suppression is any effort by the government or other individuals to prevent or discourage eligible voters from registering to vote or voting itself. Unfortunately there's a long history of voter suppression tactics in this country. They can be very simple and violent measures to prevent people from voting like the murders of James Chaney, Andrew Goodman, and Michael Schwerner, who were killed for registering black voters in Mississippi in 1964. Other suppression tactics include requiring forms of identification that people have difficulty obtaining or limiting the hours for early voting so that people have to balance family and work obligations with the need to show up on election day. This is one reason why often people argue that election day should be a national holiday so that more people have the opportunity to vote and don't need to make a choice between going to their job and voting in a national election and other voter suppression tactics can include trying to disenfranchise people. For example, making it a rule that all felons are unable to vote. That is not a constitutional requirement. That if you are convicted of a felony, you automatically lose the right to vote. Suppression tactics can also include using software that purges people from the roster of eligible voters. And sometimes all of these tactics come together. For example, Florida purged thousands of alleged felons from voter rolls in 2000. This was before the recent Florida constitutional amendment that allowed felons to vote, which is highly controversial and is up in the courts as we speak. But in that particular case, later investigators discovered that the system purged many people without felony convictions, simply because they had the same birthdate as a felon or the first four letters of their name seemed to match a felon's. And in Georgia in 2018, Brian Kemp, who was then the Georgia secretary of state, purged the voter rolls by eliminating 850,000 voters who hadn't voted in a while. This was called the use it or lose it approach. And Kemp was then elected governor that year. - I'm Brian Kemp, this is Jake. Young man interested in one of my daughters. - Yes sir. - But apart from voter suppression, which is its own thing and deserves its own video, there is voter fraud, which is ostensibly what a lot of people in the Trump administration are worried about. So what is voter fraud and how common is it? Well, there's several different categories of potential voter fraud. And let's start with something called double voting. Double voting is when a person votes twice. Obviously one person can only vote once in any particular election. Now to prove double voting, you just need proof that someone voted more than once. And most states require voting documentation to be saved such as signed poll books. Double voting is actually extremely rare. The reason for this, it was just that it isn't worth it for a criminal conviction to add one incremental vote to a candidate's total when any particular candidate is going to have thousands and thousands of votes. Each act of voter fraud in connection with a federal election, risks five years in prison and a $10,000 fine, in addition to any state penalties. For double voting to throw an election, you would need thousands of people in a jurisdiction willing to take that risk or you'd need one person to vote many, many times, which increases the chance of getting caught. Often what appears to be a double vote is actually just confusion about the person's identity. In 2004, for example, two Kathleen Sullivans living in New Jersey were confused for each other, that's mistake, but not voter fraud. Then you have the classic kind of voter fraud involving dead voters. The media frequently run stories about dead people voting only to find out after further investigation that this is based on clerical errors. More often than the clerical errors though, is that people will simply cast an absentee ballot. And then in the interim before the election is over, they pass away. And while there are certainly stories of people filling the ballot boxes with the names of the deceased at the turn of the 20th century and things like the Chicago Political Machine of 100 years ago, in the modern era, this kind of voter fraud is extraordinarily rare. Another common claim is that people will register with fraudulent addresses like vacant lots of storage units in order to get more votes. This obviously runs into the same problems with trying to use the same name, to be able to vote more than once, but not many fake address claims have been substantiated over the years. And some states maintain a list of properties and lots that are allegedly vacant only to find out later that they actually now hold houses. This actually happened in Missouri in the year 2000, officials also mistakenly challenged people like Barbara Taylor, a Washington voter, who listed her address as a storage facility. It turns out that Taylor managed the storage company and lived in an apartment on site and had lived there for 12 years. And her address was in fact legitimate. And then there's the possibility of felony-barred voters. And this one's controversial because in many states, people who are convicted of felonies are allowed to vote. Ironically, it's actually far more likely that a state will purge eligible voters from the voting rolls when they're trying to purge felons than it is for people who are convicted of felonies from accidentally voting or even intentionally voting despite felony conviction. And then finally there is the possibility of voting by non-citizens. President Trump and his advisors claim, that non-citizen immigrants voted on mass, but there's been no evidence of illegal immigrants, really voting at all, let alone in large numbers. This could be because the penalty for illegally voting is deportation while the payoff is minuscule. Again, one marginal vote in a general election and of the few documented cases where an ineligible immigrant voted most involve innocent mistakes. Sometimes people who are going through the naturalization process are given voter registration forms, which they turn in before they have actually become naturalized citizens. As worth considering how difficult this kind of fraud would be to pull off at scale, in Hawaii, in 2000, there were allegations that 533 non-citizens registered to vote, but an investigation revealed that 144 of those registered voters actually became citizens and then were eligible to vote. At least 61 asked the state to cancel their registrations when they realized that they were ineligible, two others were stopped at the polls by poll workers and no, never voted and there were no reports substantiating that any ineligible immigrant actually voted in that election. So it's worth asking, how widespread is election fraud? Well, the Heritage Foundation and which is known as a fairly conservative think tank maintains a database of documented instances of voter fraud. They found that over the past 20 years, about 250 million votes have been cast by mail-in ballot nationally. And during that time, there have been just over 1200 cases of fraud of all forms resulting in 1100 criminal convictions. Of these cases, 204 involve the fraudulent use of absentee ballots, 143 resulted in criminal convictions, that amounts to about 0.0006% of all votes casts. So when you break that down, that works out to an average of maybe seven or eight cases of fraud involving mailed or absentee ballots per year nationally. And remember, Oregon has been mailing ballots to all registered voters for 20 years. So far 50 million ballots have been cast in Oregon alone with just two verified fraud cases resulting in conviction. That's 0.00004%. But that's not to say that we shouldn't be concerned about the security of our vote. Obviously the strength of our democracy relies on our votes being authentic and secure, but we should also probably consider what kinds of fraud cases have been discovered recently, as it regards is mail-in ballots. The answer is that there's been almost no fraud considering the millions of ballots that have been cast. Of course you don't have to take my word for it. You can actually take the word of the Trump Campaign itself because the Trump Campaign is actually filing suit in a number of different states to try and prevent changes to the way that elections are run, to make it easier for people to vote. And in particular, the Trump Campaign is actually suing in Pennsylvania to stop the legislature from allowing people to vote via drop-off mailboxes in places other than designated voting stations. The Trump Campaign alleged that there was widespread voter fraud in Pennsylvania, and therefore the changes could not take place. After a lengthy discovery battle where the defendants demanded that the Trump Campaign actually provided evidence of the fraud that they claim was taking place, the judge ordered the Trump Campaign to provide the evidence of widespread voter fraud that the Trump Campaign claimed existed. And when push came to shove, the Trump Campaign provided basically a half dozen news articles that sort of hinted at things going on, which did not actually talk about widespread mail-in voter fraud. So the Trump Campaign's best evidence basically showed nothing of the kind. And notice I said the Trump Campaign rather than the President himself, because it's the company that runs the president's reelection campaign that is responsible for these lawsuits, which is incredibly problematic because the campaign can use all of the funds at its disposal, which includes the funds that people have donated for the President's reelection. Those kinds of campaign contributions are being used to further what a lot of people are calling voter suppression tactics to roll back amendments to voting laws, which would allow for increased franchisement of people in states like Pennsylvania and Nevada, and believe it or not, the biggest verified election fraud scandal in recent history was actually committed in North Carolina by Republican operative, Leslie McCrae Dowless, who in 2019 was charged with three felony counts of about destruction of justice, two counts of conspiring to commit obstruction of justice, two counts of possession of absentee ballots, perjury and solicitation to commit perjury. Operatives working for Dowless illegally collected and sometimes filled in absentee ballots on behalf of Republican Mark Harris's campaign. Harris won by less than a 1000 votes. And as a result of the fraud, the state ordered a new election. Now, regardless of whether there is extensive documentation of actual voter fraud or not, that hasn't stopped the President from saying that he wants to do something to change the election. So the question is, can the president change the entire elective system through executive order? And the answer is that the President does not have the constitutional authority to make unilateral changes to the election system. These issues are largely enshrined in federal statutes and state law, which an executive order can't really touch, but the President can undermine voting and confidence in the outcome of the election. And that may be what the President is doing. Recently, new Postmaster General Louis DeJoy, a Trump donor, just instituted changes in the way that the U.S. Postal Service works. Reducing overtime for postal workers, even if that means that mail that's ready to be delivered, sits at the local post office for additional days. President Trump argues that this is all about building more efficient postal service, but the timing of these changes coincides with the president's outbursts and tirades against mail-in voting. House Representative, Carolyn Maloney, recently sent a letter about the reported operating changes to DeJoy complaining that, the quote, "Increases in mail delivery timing would impair the ability of ballots to be received and counted in a timely manner." To many people, the sudden changes to the U.S. Postal Service look like a voter suppression tactic. A majority of states reject ballots if they aren't delivered by election day, even if they are postmarked in advance. So a slowdown in the mail could be disastrous for mail-in ballots that are sent far ahead of time. That just simply don't arrive by election day. And the president has repeatedly stated, that the election must be decided on the same day that voting takes place, even though there is no federal or state law that requires the actual outcome to be decided on the same day. In reality, the outcome of the presidential election is not official until the completion of the canvass of votes and certification of the results. The canvass means aggregating and confirming every valid ballot cast and counted, which includes absentee, early voting, Election Day, provisional, challenged, uniformed and overseas citizens. This doesn't happen in one night. Election Day is November 2nd, states have until December 8th, 2020 to resolve election disputes. And this means recounts and lawsuits must be completed by then. And states have a minimum of 35 days to certify who won the most votes in that state. The person with the most votes wins each state's electors with a few exceptions, and the electoral college meets on December 14th, 2020 and cast their ballots. The ballots are of course immediately transmitted to various people. And December 23rd is the deadline for receipt of all electors ballots from all of the states. However, there's no penalty for missing that particular deadline. On January 6, 2021, Congress is going to meet to count the votes and Inauguration Day is going to be January 20th, 2021, but as promised the Trump Campaign is actually making good on the president's threats to try and stop mail-in voting. And the Trump Campaign has actually sued the state of Nevada over the state's new law, expanding mail-in voting for the 2020 general election. According to the lawsuit, making all voters a ballot makes voter fraud, quote, "Inevitable". The lawsuit also claims that nailing all voters ballots disenfranchises rural voters violating the Equal Protection Clause. The lawsuit takes issue with a section of the law requiring County clerks to quote, "Establish procedures for the processing and counting of ballots." The Trump Campaign's problem with this is that, it's up to each County clerk to establish the best procedures for counting rather than a uniform system statewide. And you may agree or disagree with the various different counties systems that they put in place in which there was a standardized system throughout the state, but the President's Campaign doesn't have a role in making Nevada law. And remember the constitution gives the states the right to administer their own elections. And it probably shouldn't surprise you that making an Equal Protection claim on behalf of rural voters doesn't make any sense at all. They're not a protected class and I don't see how an Equal Protection claim works in this particular context. No, personally, I think as many people of all stripes, whether Democrat or Republican should vote. Voting is a public good, and both federal and state governments should take more steps to facilitate voting, especially in these COVID times. And mail-in voting seems like a pretty easy step to make that happen because we're all staying home more often, not just cause of COVID, but because it's so ridiculously hot out and I've heard stories of people attending zoom calls with formal business attire on top and swimming trunks on the bottom. I of course would never do that. But if I did do that, I'd wear a Mack Weldon's awesome swimming trunks. I'm also not going to rip the suit off when I finished this video and jump in the pool, wearing Mack Weldon's designer swim trunks, look great in and out of the water, but here's a picture of the last time I wore those trunks. That's definitely me and not a stock photo of a model. I really needed a tan there. Mack Weldon is a men's essential clothing company that focuses on smart design and premium fabrics. If I'm not in court or on a zoom call with the judge, I'm often wearing Mack Weldon, and I've tried their polos, their t-shirts and their shorts. And of course they're world famous boxer briefs. And if you're watching this channel, you're an adult and you probably deserve to have really nice boxer briefs. And I can tell you, they make a world of difference. I've ordered Mack Weldon with my own money multiple times and it's really easy because I've had multiple sizes shipped to try on, and then I just returned the ones that didn't fit and kept the ones that fit perfectly. And if you would like to try Mack Weldon and you'd like 20% off your first order, just go to mackweldon.com/legaleagle, or use the Promo Code legaleagle at checkout. Or you can click on the link in the description and with Mack Weldon's loyalty program, you can get 20% off, free shipping and access to new products first. It's automatic when you sign up and order at mackweldon.com/legaleagle, or you can click on the link in the description and with Mack Weldon's loyalty program, you can get 20% off with free strip free stripping. No, there will not be any free stripping. With Mack Weldon's loyalty program, though, you can get 20% off with free shipping and access to new products. It's automatic when you sign up and order at mackweldon.com/legaleagle, or use the Promo Code legaleagle at checkout for 20% off your first order. And of course, clicking on that link really helps out this channel. And if you wanna try out their famous boxer briefs, you can decide for any reason that you're not satisfied and you can just keep them and still get a free refund because who wants to return used underwear. So do you agree with my analysis? Do you think that voter fraud is a real issue or is it really just the tail wagging the dog? Leave your objections in the comments, and check out my other real law reviews over here, where I talk about all of the crazy things coming out of the Trump administration and all the legal issues that we've never had to deal with. So just click on this playlist and I'll see you in court.
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Channel: LegalEagle
Views: 535,526
Rating: 4.6918678 out of 5
Keywords: Legaleagle, legal eagle, breaking news, case, congress, court case, crime, guilty, jury, latest news, news, not guilty, political, politics, politics news, scotus, supreme court, the trial, trial, Verdict, copyright, law advice, legal analysis, lawyer, attorney, Real lawyer, Real law review, election fraud, north carolina, voter fraud, election, vote by mail
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Length: 29min 6sec (1746 seconds)
Published: Thu Aug 27 2020
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