Also known as:election frauds · electoral fraud · voter fraud
Written by attorneys · grounded in primary & secondary sources — see below
Illegal conduct committed in an election, usually in the form of fraudulent voting. Examples include voting twice, voting under another person's name, and voting while ineligible.
Sources & Authorities
How it applies
Common Examples
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Photo ID Requirement at Polls
Eva Espinosa arrives at her polling place without a government-issued photo ID. Election officials turn her away even though she is registered and eligible. The state enforces the rule uniformly to verify identity and block attempts at impersonation by ineligible persons.
Mail Ballot Scheme Prosecuted
Ethan Evans mails fictitious ballots in the names of deceased residents. Federal prosecutors charge him with using the mails to carry out the scheme. The conduct constitutes election fraud accomplished through the postal system.
Select any source to read its text and confirm it supports the definition.
Cases
Dictionaries
McNally v. United States483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987)
Buffer Zone Around Polling Site
Elise Everly stands inside the 100-foot zone around a polling place and urges voters to support a particular candidate. Officials remove her under a statute aimed at preventing intimidation and fraudulent voting. The restriction applies evenly to all campaign activity in that limited area.
R.A.V. v. City of St. Paul, Minnesota505 U.S. 377 (1992)
Clinic Buffer Zone Comparison
Eric Espinoza protests near an abortion clinic but remains outside the buffer zone. Police do not move him because the zone rule targets only polling places to curb voter intimidation and election fraud. The distinction rests on the unique need for order at election sites.
McCullen v. Coakley573 U.S. 464 (2014)
Anonymous Leaflet Distribution
Ella Emerson distributes anonymous leaflets criticizing a candidate. State officials fine her under an election law requiring disclosure. The rule seeks to deter fraud by ensuring accountability for election-related communications.
McIntyre v. Ohio Elections Commission514 U.S. 334 (1995)
Recount Procedure Dispute
Eugene Ellsworth challenges the manual recount of ballots in a presidential election. The Court halts the process because differing standards across counties risk unequal treatment and potential fraud. Uniform rules are required to protect the integrity of the vote count.
Bush v. Gore531 U.S. 98 (2000)
Common questions
Frequently Asked
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Does a state photo ID requirement for in-person voting violate the right to vote?+
A state may require in-person voters to present a government-issued photo ID because the evenhanded rule is justified by weighty interests in deterring voter fraud and preserving public confidence in elections without unduly burdening the right to vote.
Supporting sources
What conduct qualifies as election fraud under standard definitions?+
Election fraud covers illegal acts in an election, most commonly fraudulent voting such as casting multiple ballots, voting under a false name, or voting while ineligible.
Supporting sources
Can states enact buffer zones near polling places to prevent election fraud?+
Yes. A statute prohibiting campaign activity within 100 feet of a polling place is constitutional when necessary to serve the compelling interest in preventing voter intimidation and election fraud.
Supporting sources
Does a photo ID rule become unconstitutional if it affects mobile or low-income voters more than others?+
No. The rule remains constitutional if it applies uniformly to all voters and serves important interests in election integrity, even when it imposes modest additional burdens on some groups.
Supporting sources
531 U.S. 98 (2000)Constitutional Law
…true intent. But they look to state law, not to federal constitutional law, to protect that interest. Neither side claims electoral fraud, dishonesty, or the like. And the more fundamental equal protection claim might have been left to the state court to resolve if and when it was discovered to have mattered. It could still…
Constitutional LawIndividual rights · Other protections, including the privileges and immunities clauses, the contracts clause, unconstitutional conditions, bills of attainder, and ex post facto lawsUBEFoundational