{"id":26004,"date":"2016-11-13T17:57:31","date_gmt":"2016-11-13T22:57:31","guid":{"rendered":"http:\/\/law.marquette.edu\/facultyblog\/?p=26004"},"modified":"2016-11-13T17:57:31","modified_gmt":"2016-11-13T22:57:31","slug":"there-is-real-election-fraud-just-not-what-you-think","status":"publish","type":"post","link":"https:\/\/law.marquette.edu\/facultyblog\/2016\/11\/there-is-real-election-fraud-just-not-what-you-think\/","title":{"rendered":"There Is Real Election Fraud (Just Not What You Think)"},"content":{"rendered":"

\"stamp_us_1977_3c_americana\"<\/a>I have been working on elections since 2000, when I helped organize a team to defend a potential recount of Wisconsin\u2019s narrow victory for Al Gore (never happened; see Bush v. Gore<\/em><\/a>).\u00a0 Since 2004, I have trained thousands of attorneys to observe at polling places to ensure every eligible voter is allowed to cast a regular ballot.\u00a0 That is, and should be, the only goal of our election laws: enfranchisement!<\/p>\n

In 2005 I testified before Congress about Wisconsin\u2019s voting laws, the lack of any actual voter fraud, and the many real administrative problems caused by running a national election in one day.\u00a0 In subsequent years, I helped compile reports of Election Day issues, defended individuals accused of voting irregularities, and was part of the GAB committee to create formal rules for observers.<\/p>\n

So, I have some background in election law.<\/p>\n

To put it mildly, I was surprised to hear a candidate for President state: \u201cVoter fraud is very, very common.\u201d\u00a0 Not just common, but VERY, VERY common.<\/p>\n

The statement, if meant to suggest rampant fraudulent voting, is categorically false.\u00a0 Fraudulent conduct by voters is exceedingly rare. \u00a0A comprehensive study<\/a> published in 2014 confirmed 31 cases of in-person voter fraud from 2000 to 2014, out of more than a billion votes.\u00a0 In stark numerical terms, that is one act of fraud for every 32 million votes.\u00a0 When defending Wisconsin\u2019s harsh Voter ID law, the State \u201ccould not point to a single instance of known voter impersonation occurring in Wisconsin at any time in the recent past.\u201d\u00a0 Frank v. Walker.\u00a0 In other words, voter fraud is very, very, very uncommon.<\/p>\n

There is, however, an election fraud that has become common in the past decade: the suggestion that voting laws need to be tightened to combat voter fraud.\u00a0 This is the BIG LIE. It has been used across the country to justify a stunning array of laws designed to make it harder to vote.<\/p>\n

Wisconsin has seen a flurry of voting legislation over the past six years.\u00a0 In every case, the legislation is designed to make voting harder, not easier.\u00a0 The efforts include:<\/p>\n