Defending Electoral and Vote Fraud Charges in Texas

To be considered fraud, an act must be done intentionally. When discussing voter fraud or election fraud, we refer to deliberate efforts to interfere with the electoral system, whether through casting illegal votes, manipulating the vote count, or other unlawful actions that impact election results.

Many people use electoral fraud and voter fraud interchangeably, but they have distinct meanings. Below, we clarify these differences, provide examples, and explore the legal consequences in Texas.

Understanding Voter Fraud

What Is Voter Fraud?

Voter fraud occurs when an individual illegally manipulates their own vote or someone else’s. It typically involves fraudulent activities by a single person or small group to cast illegal votes or interfere with the voting process.

Examples of Voter Fraud:

• Double Voting: Casting multiple ballots in different jurisdictions.
• Voter Impersonation: Using another person’s identity to vote.
• False Registration: Providing fake information to register.
• Vote Buying: Offering money or incentives in exchange for votes.

Evidence Required in Voter Fraud Cases

To convict someone of voter fraud, prosecutors must prove intent—that the person knowingly broke the law. Evidence can include:

• Witness testimonies
• Voting records showing double voting
• Fraudulent voter registration documents
• Violations of voter ID laws, such as using fake photo identification

Understanding Election Fraud

What Is Election Fraud?

Election fraud is a broader issue that often involves election officials, organizations, or coordinated efforts to manipulate the election results. It impacts vote counting, election procedures, or ballot handling.

Examples of Election Fraud:

• Ballot Box Stuffing: Illegally adding extra ballots to the count.
• Vote Harvesting Fraud: Collecting and submitting multiple ballots, often without consent.
• Tampering with Voting Machines: Hacking or altering machines to change results.
• Manipulating the Electoral System: Changing rules to favor a candidate in a general election or presidential election.

Evidence Required in Election Fraud Cases

Because election fraud often involves multiple people, proving it requires:

• Physical evidence (altered ballots, tampered machines)
• Emails or recordings showing intent
• Witnesses confirming coordinated fraud

How Common Is Electoral and Vote Fraud in Texas?

Despite frequent debates about electoral and vote fraud, confirmed cases are relatively rare. Between 2004 and 2021, the Texas Attorney General’s Office reported 534 offenses charged to 154 individuals, covering various types of fraud, including vote buying, ballot box tampering, and illegal votes. Given the large number of votes cast, these cases represent only a small fraction of total votes.

Penalties for Electoral and Voter Fraud in Texas

Texas has some of the toughest penalties for electoral and vote fraud. As of September 1, 2023, illegal voting is classified as a second-degree felony, which means:

• Up to 20 years in prison
• Fines exceeding $10,000

These penalties apply to fraud in federal elections, general elections, and presidential elections.

Notable Cases of Electoral and Voter Fraud in Texas

Crystal Mason Case

In 2016, Crystal Mason received five years in prison for casting a provisional ballot while on supervised release for a federal conviction. She stated she was unaware she was ineligible to vote.

Hervis Rogers Case

In 2021, Hervis Rogers was arrested for voting while on parole, facing illegal voting charges. His case gained attention due to the severity of penalties.

Defenses Against Electoral and Voter Fraud Charges

If you’re facing electoral and vote fraud charges in Texas, possible defenses include:

• Lack of Intent
  Demonstrating that there was no deliberate intention to commit fraud can be a crucial defense. Mistakes or misunderstandings about eligibility do not constitute criminal intent.
• Insufficient Evidence
  Challenging the quality and sufficiency of the evidence presented by the prosecution can lead to a dismissal or reduction of charges.
• Procedural Errors
  Identifying errors in how the investigation or arrest was conducted, such as violations of constitutional rights, can result in the exclusion of evidence or case dismissal.
• Mistaken Identity
  Proving that someone else committed the fraudulent act can exonerate the accused.
• Reliance on Official Guidance
  If an individual received incorrect information from election officials leading to the alleged illegal act, this might serve as a defense.

Arrested? Don’t Plea, Call Me!

Being accused of electoral or voter fraud in Texas is a serious matter that can have lasting legal and personal consequences. However, a strong defense can challenge the evidence, prove lack of intent, or highlight procedural errors that may impact the case. Understanding the complexities of these charges is essential, but you don’t have to navigate them alone.

If you or a loved one are facing electoral or voter fraud charges, Texas Criminal Defense Group is here to protect your rights. Our experienced attorneys are ready to build a solid defense and fight for the best possible outcome in your case. Contact us today for a free consultation and let us help you move forward with confidence.