Is Double Voting a Crime?

One of the Basic Tenets of Democracy is that Each Person has One Vote. In practice, State Laws vary Regarding the Definition of "voting more than once" and particularly what happens if a Voter Casts a Ballot in more than One State.

This Rule might have to be Modified with more States Adding Ranked-Choice Voting, where a Voter can Rank Candidates and have their Vote Count more then Once.

The Definition of Double Voting

Most commonly, States Prohibit Voting more than Once in the same Election. This can be Interpreted in different ways. Is Voting in more than One State but on the Same Day Voting in the “same election"? Or is each State-Run Election a Separate Election? What if Voting occurred on Different Days, i.e. a Voter Cast an Absentee Ballot in One State and Voted In-Person in another State on Election Day?

In Local Elections this could be Valid. If you have Residency in Both States, and Pay State Taxes, this could be Valid. 6 months in NY and 6 Months in Florida.

11 States Explicitly Prohibit Voting in more than One State: Arizona; Colorado; Kansas; Kentucky; Maine; Missouri; New Hampshire; Oregon; South Dakota; Virginia; and Washington.

7 States Prohibit Voting Twice within the State or for the Same Office: Alabama; Delaware; Hawaii; Illinois; Maryland; Mississippi; and West Virginia.

31 States and Washington, D.C., Prohibit Voting Twice in the Same Election: Alaska; Arkansas; California; Connecticut; Florida; Georgia; Idaho; Iowa; Louisiana; Massachusetts; Michigan; Minnesota; Montana; Nebraska; Nevada, New Jersey; New Mexico; New York; North Carolina; North Dakota; Ohio; Oklahoma; Pennsylvania; Rhode Island; South Carolina; Tennessee; Texas; Utah, Vermont; Wisconsin; and Wyoming.

In Indiana Voting Twice is Not explicitly mentioned, but a Person may Not knowingly Apply for or Receive a Ballot in a Precinct other than the Precinct in which the Person is Entitled to Vote. And, Registering to Vote more than Once is a Misdemeanor.

Underlying these State Statutes is the Voting Rights Act’s Prohibition on “voting more than once.” 52 U.S.C. § 10307(e).

Is Double Voting a Crime?

Double Voting is often Listed as a Felony in States, and can come with Hefty Fines or Jail Time. Although Statistics show it to be Rare, it is also Difficult to Identify and Difficult to Prosecute when it does occur. It is Not always clear when Double Voting has Happened across State Lines, given the Variation between States’ Policies.

Here are Three Scenarios for a Voter who Voted in Two States on the Same Federal Election Date:

- Neither State Prohibits “voting more than once.” In this Scenario, No Crime has occurred, because there is No Federal Statute Prohibiting Double-Voting. Voter Registration in Multiple States is Not itself a Crime, and thus No One can be Prosecuted for simply having Two Open Voter Registrations in Different Jurisdictions.

- At least One State Prohibits “voting more than once,” but the Prohibiting State does Not define “voting more than once.” Whether or Not the Voter Violated the Law varies by Jurisdiction. In a Prominent Prosecution the Voter did Not Violate the Law.

In that 2015 Court Case, an Arizona Woman was Charged with Casting an Absentee Vote in Colorado and an In-Person Vote in Arizona during a Midterm Election. She was Charged in Arizona with Illegally Voting Twice, and was Convicted by a Jury Trial. An Appeals Court Overturned her Conviction, noting that the Arizona Statute as it stood at the time, A.R.S. § 16-1016(2), did Not Apply to Situations other than Voting for an Office Twice.

Because Different Senators and Members of the U.S. House were up for Election in each State, the Court held that the Elections were Unique to Each State, and therefore the Voter had Not Voted Twice in Violation of the Statute. State v. Hannah, 355 P.3d 607 (Ariz. 2015).

In light of the Ruling, the Arizona Legislature Passed an Amendment in 2016 to the Statute Redefining Voting more than Once as meaning “knowingly votes in this state in an election in which a federal office appears on the ballot and votes in another state in an election in which a federal office appears on the ballot, and the election day for both states is the same date.” A.R.S. § 16-1016(4).

- At least One State, New Hampshire, Prohibits “voting more than once.” New Hampshire defines “voting more than once” to Prohibit Voting in an Election in Two or More States on the same day. In this Scenario, the Voter has likely Violated the Laws of the Prohibiting State, and would be in Trouble with the Law.

Most States have a Process to Protect Voting more than Once in the State. Here are possible Tests at the Polling Sites:

- Voter arrives and it is determined the Mailed Ballot has been Received and Accepted, the Voter will Not get another Ballot.

- Voter arrives and it is determined the Mailed Ballot has been Received and Accepted, the Voter can Request to Cancel that Vote, and will Receive a New Ballot.

- Voter arrives and it is determined the Mailed Ballot has Not been Received and Accepted, the Voter will get a New Ballot, and the State will Cancel that Mailed Ballot when it arrives.

In New York, Election Law §17-132, Prohibits voting Twice in the Same Election. Any person who:

- Votes or Offers or Attempts to Vote at an Election, more than Once; or Votes or Offers or Attempts to Vote at an Election under any other Name than there Own; or Votes or Offers or Attempts to Vote at an Election, in an Election District or from a Place where they do Not Reside; or Procures, Aids, Assists, Commands or Advises another to Vote or Offer or Attempt to Vote at an Election, knowing that such person is not qualified to vote, is a felony.










NYC Wins When Everyone Can Vote! Michael H. Drucker