Reporting Election Misconduct

Election misconduct erodes the fairness and the transparency we need in our elections. Fair and reliable elections are necessary to maintain our democracy. Election misconduct can range from voter intimidation to outright election fraud. Any misconduct undermines the integrity of our democratic process. Reporting election misconduct is a crucial responsibility for citizen voters.

This article provides an overview of election misconduct, including the types of misconduct, how to report election concerns, and who to report election misconduct to. If you know about election misconduct and are unsure what to do, contact a local, experienced civil rights lawyer for advice.

Types of Election Misconduct 

Election misconduct can take various forms. All types of misconduct can disrupt the electoral process and violate election law. Some common types of election misconduct include: 

• Voter fraud: This includes activities such as tampering with voting machines or falsifying ballots. Election fraud includes other actions intended to alter the election outcome.
• Voter intimidation: This involves threatening or coercing voters to influence their vote or to prevent them from voting. It can occur at the polling place or through other means.
• Voter registration fraud: This includes providing false information during the voter registration process. This could lead to adding ineligible individuals to the voter rolls.
• Campaign finance violations: These include people and corporations making illegal contributions to candidates. It can involve candidates not reporting donations and misusing campaign funds.
• Accessibility violations: Under the Help America Vote Act, polling places must be accessible to all voters, including voters with disabilities. Failure to provide such access constitutes misconduct.

Who to Contact if You Witness Election Misconduct 

If you witness election misconduct, it is crucial to report it promptly to ensure it is addressed. Here are the steps and contacts you need: 

• Local election office: First, report the issue to your local election office. Election officials there can address many problems on the spot.
• Secretary State or Attorney General: You can report more severe or widespread issues to your local secretary of state. Each state’s secretary of state or attorney general oversees elections.
• Department of Justice (DOJ): The DOJ’s Civil Rights Division in Washington, D.C., enforces federal election laws. You can file an election complaint through their website or via a hotline.
• U.S. Attorney’s Office: Your local U.S. Attorney’s office can also field election misconduct complaints.
• Federal Bureau of Investigation (FBI): For significant cases of election fraud or interference, contact the FBI. They have the resources to investigate and prosecute serious violations.
• Federal Election Commission (FEC): The FEC is the appropriate agency for issues related to campaign finance. It oversees the legality of contributions and expenditures in federal elections.
• Law enforcement: You can contact local law enforcement in cases of immediate threats at polling places.

You can find contact information for these agencies on their respective gov websites or usa.gov. 

What Happens When You Report Election Misconduct 

Reporting election misconduct initiates a process designed to investigate and rectify the issue. First, the relevant agency receives your report. Sending your complaint will determine how and when it gets to the appropriate agency. The agency assesses the complaint to determine if further investigation is required. If the complaint is valid, they will conduct an investigation.

This may involve gathering evidence, interviewing witnesses, and reviewing public records. Depending on the findings, the agency may take action. Actions include prosecuting offenders, changing election procedures, or training election officials. You may receive updates on the status of your complaint. However, they may keep some details confidential to protect the investigation. 

Legitimate vs. Illegitimate Concerns 

Understanding the difference between legitimate and illegitimate concerns is essential.  Legitimate concerns involve actual observed violations of election law. This includes witnessing voter intimidation, seeing tampering with voting systems, or encountering inaccessible polling places.

Report these concerns should immediately. Illegitimate concerns often stem from misunderstandings or misinformation. For example, being unhappy with the election outcome is not a valid reason to file an election complaint. It’s essential to verify the facts before making a report. 

When in doubt, report election misconduct. It is a vital civic duty that helps protect the integrity of our electoral process. Understanding the types of misconduct and knowing who to contact empowers you to take effective action. A local and experienced civil rights lawyer can also help guide you through the process of reporting election misconduct.