Investigative Article
The Arizona Election and Voter Fraud: an Investigative Analysis of Criminal Defense
With the world’s eyes fixated on the United States Presidential Election of 2020, Arizona now takes the center stage of Electoral controversies with alleged voter fraud and election misconducts. As the authorities navigate around the technicalities and muddy waters of what constitutes election fraud, many questions arise. Concerns over election integrity have been central to public discourse in the past few months.
Current Arizona Election Fraud
Arizona had a contentious election year in 2020, between the COVID-19 pandemic, increased mail-in and early voting. With President Trump claiming that the election witnessed widespread fraud and irregularities. Some lawyers on the side of Republicans filed baseless lawsuits challenging the authenticity of the elections. The 2020 presidential election in Arizona was decided by a margin of less than 11,000 votes, making the allegations of fraud even more significant.
Are Voter Fraud and Election Fraud Different?
Voter fraud and election fraud are two phrases that are often used interchangeably, but they are different. Voter fraud is a crime committed by an individual voter where they unlawfully or illegally vote or try to influence another voter to vote unlawfully. On the other hand, election fraud is the manipulation of the method for counting or reporting the results of an election. This is usually done to sway the results in favor of a preferred candidate.
Election Fraud Definition and Penalties
Election fraud is the manipulations of the result of the election, it involves tampering with votes, orchestrating fraudulent registrations, and even destroying ballots. The penalties for electoral fraud depends on the severity of the offence. Misdemeanor violations can result in up to one year in prison, while felonies carry a maximum sentence of five years in prison, and disqualification to hold public office.
When Does an Election Crime Become a Federal Offense?
Many electoral crimes are state offenses, but if it affects a federal office, it can become a federal crime. Under the Help America Vote Act of 2002 (HAVA), federal officials have the mandate to prosecute federal crimes committed during any federally defined elections. A violation of the HAVA provision can lead to prosecution, fines, or even imprisonment.
How Does an Indictment for Voter/ Election Fraud Work?
In case an indictment occurs after an election, and evidence suggests that election fraud happened, the process of indictments starts. Indictments are formal charges that must be determined by a grand jury. Inferences of voter fraud before an investigation is complete can damage the credibility of the election.
How a Criminal Defense Attorney Can Help
Criminal defense lawyers provide legal representation to individuals and political entities indicted for electoral fraud. In many cases, alleged electoral fraud cases often turn into complex legal battles with teams of attorneys representing state and federal agencies. Criminal defense attorneys will investigate the allegations of electoral fraud and provide strong legal representation for their clients. Many electoral fraud cases have been proved to be guilty, and not all allegations of fraud prove accurate.
Avoiding Electoral Fraud
Electoral fraud can be avoided by simple practices. Increased funding and resources can be used to promote voter registration, training more poll staff, and identifying suspicious behaviors that could indicate electoral fraud. Better methods can be put in place to monitor the electoral process and verify the accuracy of satellite voting, mail-in voting, and other forms of voting.
The Significance of Voting
The significance of voting cannot be overemphasized. Elections are an opportunity for Americans to vote for their preferred leaders and issues that are important to them. When elections are free and fair, it can significantly improve the lives of the ordinary person and shape the society we live in, the decisions taken, and policies made.
In conclusion, electoral fraud is a vice that should not be taken lightly, but with careful planning, awareness, and investigations, it can be avoided. While criminal defense attorneys have the mandate to represent individuals and entities indicted for electoral fraud, stakeholders should gather resources to promote free and fair elections for the benefit of the greater society.
Arizona Election and Voter Fraud: Criminal Defense
