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ensuring the integrity of our electoral system Table of Contents

2 Introduction by Anita MonCrief

3 Voter Fraud 101

4 Election Protection, Laws and Universal Voter Registration

5 Voter ID

6 Voter Registration 7 How to Run a Voter Registration Drive in your State 8 Frequently Asked Questions

10 From Voter Registration to Voter Turnout

12 Citizen-Led Initiatives

12 Election Administration

13 Election Day Operations

15 ACORN and Project Vote

16 Voter Fraud

21 The Voter Fraud App

22 Overview and Resources

22 Connecting with American Majority

22 Additional Election Integrity Resources 2

My name is Anita MonCrief and I’ve been referred to as the “ACORN whistleblower.””

I joined the staff of ACORN affiliate Project Vote’s development department in 2005. Working with grassroots organizers across the country, we funded one of the largest voter registration drives in history.

However, I began to notice ACORN’s practice of poorly training employees and sometimes covertly encouraging people to skirt the rules during voter registration programs. After working on voter fraud research for ACORN, I saw a pattern of employees being prosecuted for shenanigans during election years. I decided to take action and since 2008, I have been educating citizens on how to protect the integrity of our electoral system.

American Majority’s Election Integrity course focuses on voter registration, voter fraud, Election Day operations and get-out-the- vote activities. Our goal is to prepare liberty-minded activists for the tactics of groups like ACORN. As citizens begin to peel back the layers on the groups working in their community, there is a need for educational materials that can be shared and utilized.

Despite rumors of its demise, ACORN is still thriving and so are its over 300 affiliated organizations. Project Vote, ACORN’s voter registration arm will once again attempt to run the largest grassroots voter registration program during the 2012 elections. With organizations like Organizing for America, Emily’s List, SEIU and Planned Parenthood, partnering with Project Vote, the stakes couldn’t be higher. In 2008, Project Vote had a budget of over 28 million dollars (no where near the modest budgets of most liberty- minded organizations) and one can only imagine how much will be spent to keep President Obama in office.

In this environment of lawlessness the people must stand up and protect the integrity of our electoral system. This guide can only begin to scratch the surface of everything involved in election integrity, but I hope it serves as an introduction to this critically important topic.

We have seen what some are capable of doing in order to gain political power and now it is up to the citizens to educate them and demand that everyone uphold our electoral laws.

For liberty,

Anita MonCrief 3 Voter Fraud 101

Maybe you’ve read about Al Capone’s infamous “vote early and vote often” motto, back when he (not Obama or Rahm Emanuel) ran Chicago’s political machine. It wasn’t uncommon then for entire ethnic blocs (plus every name in a graveyard) to pull the lever the way the crime boss wanted. And maybe you know how, when asked by reporters about the massive fraud in the 1960 Presidential election, calmly replied “they stole it fair and square”. Nixon knew JFK and LBJ had teamed up to once again use that Chicago machine, this time not only rigging it, but also combining it with Texas. Fast forward to campaigns of the last few years. Who can forget the counting and recounting that took place in Florida in 2000? Keeping on ballot boxes, and making sure they never went to an off-camera, private room to be sorted was the name of the game (along with “hanging chads”) then. Since then, it’s gotten even worse. “Motor-voter” laws, the Help America Vote Act (HAVA), and the manufactured-by-the-media controversy in having citizens (much less felons) show identification to cast a vote are now lightning rod issues every cycle. So is the novel idea of actually requiring college students (often out-of-state) to choose between campus and home (not both) to decide where they’ll vote. Now, every two years, both parties have to dispatch scores of specially trained attorneys and poll watchers to guard against these and many other forms of voter disenfranchisement (negating the votes of a community by committing fraud). VOTE EARLY You’ve heard it all. But the bits and pieces never seem to VOTE paint the whole picture. OFTEN There are reports of judges keeping polling places open well into the night in one-party- controlled places. Voter rolls that include the entire Dallas Cowboys roster. And of course, taxpayer-paid ACORN employees engaging (and getting caught) in enormous registration illegalities, as well as armed Black Panthers at polling places, blocking entry and access via voter intimidation. You see all this. And you want to know what you can do. Which is why we’ve put together this manual: so you can educate yourself about the laws and regulations regarding registering and turning out voters. And we’ve done it with the expert help of Anita Moncrief, an ex-ACORN employee and whistleblower who spends her time explaining how the Left undermines the democratic process. So that you, like Katherine Engelbrecht, a mother, wife and small businesswoman, can be empowered enough to start your own group of citizens concerned with making sure elections are conducted properly and fairly. Katherine and her “True the Vote” group operating out of Houston, Texas have now spread their techniques and knowledge to hundreds of other groups nationwide in preparation for the next spate of elections, both local or state and federal. Get ready to read some wild stuff. These real-life stories of “it couldn’t happen here” will astound and outrage you. But when you, the grassroots activist, have absorbed the truth and rules about voter fraud, you’ll be the best weapon for its prevention that there is. 4 Election Protection, Laws and Universal Voter Registration

Help America Vote Act of 2002 at the same time that they apply for a driver’s license

“The Help America Vote Act or seek to renew a driver’s license, and requires the (Pub.L. 107-252), or HAVA, is a State to forward the completed application to the

United States federal law which appropriate state of local election official. Section 7 was signed into law by President of the Act requires states to offer voter registration Bush in 2002. Drafted in reaction to the controversy opportunities at all offices that provide public surrounding the 2000 U.S. presidential election, assistance and all offices that provide state-funded HAVA mandates that all states and localities upgrade programs primarily engaged in providing services to many aspects of their election procedures, including persons with disabilities. Each applicant for any of their voting machines, registration processes and poll these services, renewal of services, or address changes worker training” must be provided with a voter registration form of a declination form as well as assistance in completing the [Source: http://www.fec.gov/hava/hava.htm, http://en.wikipedia.org/ wiki/Help_America_Vote_Act] form and forwarding the completed application to the appropriate state or local election official. HAVA and Provisional Voting [Source: NVRA: Department of Justice Civil Rights Division Home Page A provisional ballot is used to record a vote when there http://bit.ly/dlwYnZ] is some question in regards to a given voter’s eligibility. Universal Voter Registration A provisional ballot would be cast when: According to some voting rights advocates: “The The voter refuses to show a photo ID (in regions that government should not only facilitate registration; it require one) should actively register adults who are eligible to vote as part of its responsibility to have accurate rolls. The The voter’s name does not appear on the electoral roll most comprehensive way to move toward universal for the given precinct. voter registration is to establish federal standards that The voter’s registration contains inaccurate or out- states must follow to ensure all eligible voters are on dated information such as the wrong address or a their states’ voter roll.” misspelled name. [Source: http://www.fairvote.org/why-universal-registration, American Thinker: http://www.americanthinker.com/2010/01/what_the_dems_ The voter’s ballot has already been recorded know_universal_v.html] Whether a provisional ballot is counted is contingent “John Fund described the Democrat plan, ‘The feds upon the verification of that voter’s eligibility. Many will tell the states: ‘take everyone on every list of voters do not realize that the provisional ballot is not welfare that you have, take everyone on every list of counted until 7-10 days after election so their vote unemployed you have, take everyone on every list of does not affect the calling of the states to different property owners, candidates. take everyone [Source: http://en.wikipedia.org/wiki/Provisional_ballot] on every list of National Voter Registration Act driver’s license Congress enacted the National Voter Registration Act holders and of 1993 (also known as the “NVRA” and the “Motor register them to Voter Act”), to make it easier for all Americans to vote regardless register to vote and to maintain their registration. of whether they Section 5 of the Act requires states to provide want to be ..’ individuals with the opportunity to register to vote 5 Voter ID

First-Time Voters The federal Help America Vote Act (HAVA) mandates that all states require identification from first-time voters who registered to vote by mail and did not provide verification of their identification with their mail-in voter registration.

Blanket Voter ID Twenty-seven states have broader voter identification requirements beyond HAVA. In these states, all voters are asked to show identification prior to voting. Eight of these states specify that voters must show a photo ID; the other nineteen states accept additional forms of identification that do not necessarily include a photo. However, a voter who cannot produce identification is not turned away from the polls. All states have some sort of recourse for voters without identification to cast a vote. In Georgia and Indiana, voters without ID vote a provisional ballot, and must return to election officials within a few days and show a photo ID in order for their ballots to be counted.

State Requirements for Voter Identification

States that Require ID (Photo not Required) Alabama North Dakota Alaska Ohio

States that Request or Require Photo ID Arizona Oklahoma* Arkansas South Carolina Florida Indiana Colorado Tennessee Georgia Louisiana Connecticut Texas Hawaii Michigan Delaware Utah Idaho South Dakota Kentucky Missouri Washington Montana

[Source: www.ncsl.org/default.aspx?tabid=16602]

Legislation Update 2009: New voter ID law passed in Utah 2010: New voter ID law passed in Idaho; Oklahoma voters approved a voter ID proposal placed on the ballot by Get more State-by-State Coverage at the Legislature Election Law @ Moritz 2011: Texas State Legislature considers voter ID proposal [Source: http://moritzlaw.osu.edu/electionlaw/states/index.php] 2011: Kansas House gives preliminary approval to voter ID bill 2011: Colorado Photo ID bill receives initial House approval 2011: Missouri Legislature Pushes Voter ID forward 2011: Minnesota and both push for Voter ID in the state house 6 voter registration

Voter registration is one of the most important tasks of How many are not registered? Why, in your best election administration. judgment, are those people not registered to vote? It is a right of all eligible citizens to be able to register Who and where are they? Who do you want to reach and vote. However, there are some who will abuse this in your registration drive? process for personal or political gain. To protect the integrity of the electoral system, citizens must have a comprehensive and correct voters list. Voter Registration Field Plan  Talk to as many people as possible A voters list makes it possible to separate two of the  Understand the numbers most important functions of the election authority: verifying voter eligibility and controlling the legitimacy  Understand the dynamics of the area, its history of the balloting process. The list may also be used in and the current political climate voter education, and may be provided to political  Determine tools at your disposal parties and candidates to aid them in their campaigns.  Be creative – think outside of the box If citizens take control of the voter registration process  Be flexible – a plan is a working document from partisan political groups, they become active  Detail every activity – time, date, location in the fight to ensure that only eligible citizens are registered to vote.  Keep everyone on the same page through training and measurable results How to Run a Voter Registration Drive in your State The objective of any successful voter registration program should focus on increasing civic participation Your Field Plan Should Include: among people at the local level and turn them out to  Targeting, Vote Goals, Training vote. The major components of this initiative include:  Organization, Outreach, Accountability, Training (1) Voter Registration, (2) Data List-Building, and (3) Getting Out the Vote.  Voter Contact, Program  Get Out the Vote (GOTV) In anticipation of conducting a registration drive  in your state, there are some basic things that all Data Management groups should know regarding laws, the registration  Timeline, Calendar application and how to gain approval for your drive.  Budget

After consulting with the elections office and getting  Know Your Responsibilities all the appropriate resources, it’s important to gather  You MUST return all Voter Registration Forms to some data and targeting your voting population. Large the Election Commission as soon as possible and national groups like ACORN combine census data before the deadline to register to vote. to target certain segments of the population, but for  small drives, a simple voter list may also be helpful. Use the proper forms: Forms provided by the local Questions to consider include: board of elections or the Secretary of State’s office can only be used by residents of that state. These How many persons in your target jurisdiction are 18 forms CANNOT be photocopied. years old or older?  Quickly review the forms you collect before the How man people voted in the last election? person registering has walked away – make sure Of the total voting age population, how many people that all the boxes are checked and that the form is are actually registered to vote? signed! 7

Know Your Facts It’s best to hang posters behind your • Bring a local voter guide with you so that you table so that people will know why can answer questions that potential voters you are there. might have about the election schedule, the Engage people in conversation as requirements for voter registration, etc. they pass and ask them if they are • If you don’t know an answer, refer the voter registered to vote. to the Secretary of State’s website or your local Be pro-active Board of Elections.

• Be aware of all deadlines – voters must register a Points to Remember certain number of days in advance of the election in order to vote in that election – and if you are To ensure that the person completes the collecting Mail-In Voter Registration Forms, you form have them fill it out immediately at MUST send them in by that deadline! your table. Ensure the voter that you will make sure all Know the Law completed forms are sent to the voter It is critical that everyone working for you, or under Use the voter registration sign-up sheets to get their your direction, understands the procedures and names, addresses and phone numbers so we can keep laws relating to voter registration. Be certain that them informed on issues as well as upcoming elections. each person knows the eligibility requirements for Make sure to be polite to the Board of Elections staff registration and how important it is for the voter to fill and to always express your appreciation for their help in correct and complete information on the card. and the importance of the duty of voting. This helps

How to Promote your Registration Drive you to build a trusting relationship with the BOE for when you plan your next drive. • Place an announcement in your local paper • Drop off flyers at churches, gun stores and other Quality Control high-traffic venues. In many cases, massive voter registration drives run by • Utilize social networking tools like , national groups have a serious problem with quality Facebook and Four Square. control. Local coordinators must regularly engage in trainings for quality control and aid local staff to • Partner with other citizen groups to spread the word remain vigilant in ensuring that only eligible voters are • Set up interviews with local radio stations or registered to vote. During the voter registration drives get them to run a PSA regarding your event. the participants are accountable to the community and must work collaboratively with the local board Necessary Materials of elections to improve the integrity of the voter- • A clipboard or legal pads so you can copy down registration process. the names and contact information of the people Fraud who register. Even the most well intentioned voter registration • Folding table drives can be plagued with allegations of voter • Flyers about your group registration fraud. It is critically important that your organization develop a standardized method for • Information regarding issues checking the voter registration cards for fraud. Each

card should be checked initially to ensure that they are How to Set Up Your Table filled out properly and completely. After this initial After obtaining permission from the site make sure to step, review that card for possible fraud and keep place it in an area with heavy traffic. records of the workers and their cards. 8

frequently asked Questions

When can I change my voter information? How do I stay on the Voting List? Voters may change their name, address, or political Keep the board of election updated with all of party at any time. Check with your local board of your current information. elections for the proper procedure.

How can I get a letter verifying that I am a registered Is ID required to register to vote? voter? Yes. However, since laws vary by state, it is best Voter registration letters or cards are not necessary to check your local requirements for specific for voting purposes. requirements.

Citizenship What and where is my polling location? A person who registers to vote signs a card Your ward and precinct determine which elective affirming that they are indeed a citizen and eligible district you vote in, the officials you elect and your to vote. Once the voter certifies under penalty polling location. To find your polling location, of perjury that the information on the form is contact your local board of elections. accurate they can be charged with perjury for false statements.

When are you registered to vote? If you register in person at an officially designated College Students office, then your registration is active on that day. A college student may register to vote either at his If you fill out a mail-in registration form, you are or her college address, or at his or her hometown actively registered on the postmark date. To verify or parent’s address, whichever is the address he that you are registered, contact your local board of or she considers primary, and to which he or she elections. intends to return.

Can I register to vote if I am homeless? How many times does a person have to register? Homeless persons may use a shelter address to If the voter remains an active voter and responds register. Homeless persons may also register from to any confirmation mailings from the elections a location, such as a park bench, by using the map official, the registration remains in effect. on the Mail-In Registration Form. However, a voter must reregister if he or she moves. It is important to notify the county elections official in writing of any change of Can I register for a friend, family member, or address or name change so that the voter will another individual? remain properly registered. No, this is prohibited under state law. 9

What happens if you move after registration has Tampering with Voter Registration Forms closed? The distributor or circulator may not fill in the The National Voter Registration Act (NVRA) blanks on the voter registration card unless the permits a voter who moves within the same person registering asks for that help. The registrant county and the same congressional district, and or a person the registrant asks to assist him or who does not re-register to vote prior to the close her must complete the registration card in its of registration, to cast a ballot in federal elections. entirety and exactly as the registrant requests; the person helping fill out the card must also fill in all required information in the space provided for the Age purpose. Cards with any pre-filled “blanks” may Anyone 18 years of age or older at the time of not be used. an election may register and vote. Persons who are 17, but will become 18 on or before the next election date, are also eligible to register to vote Offering Incentives for Registering Voters while they are still 17 years old. Federal Law: 42 U.S.C. §1973i(c) makes it unlawful in an election in which a federal candidate is on the ballot knowingly and Felons, In Prison or on Parole willfully pays, offer to pay, or accept payment for An individual who is convicted of a felony loses registering to vote or for voting. Violations are the right to register and vote during the term of punishable by imprisonment for up to five years. the prison sentence and the parole period. In Any type of incentive is considered “payment,” some states, once the parole period is completed, even things as seemingly innocent as cookies or the person’s eligibility to register and vote is admission to an entertainment event. restored. For more information on the rights of people who have been incarcerated, please see your Secretary of State’s website. Partisan Political Activities Any person (not a tax exempt organization) may, while registering voters, conduct partisan political activity. The law does not restrict your free speech rights when conducting a voter registration drive. Common courtesy and common sense, however, should be practiced. 10 from voter registration to voter turnout

“Face-to-face canvassing yields a 7% to 12% advantage and is considered the ‘gold standard’ of campaign strategies, while commercial phone banking, direct mail and anonymous leaflet distribution are far less effective.” – Donald Green, Yale University researcher

Voter registration done by local groups provides a  Sign Up Volunteers and/or Paid Canvassers. unique opportunity to engage the voter on key issues There are lots of ways to do this: tabling with affecting the campaign. Voter registration may be the sign-up sheets, social networking, sending your initial contact but it does not have to be the last. Most information to email lists, etc. groups request demographic info and phone numbers  Get Out and Talk to People! You can do regular from new registrants and while this is critical to quality phone banks (typically in the evenings), virtual control methods, it can also become the corner stone phone banks (any time) and door knocks (typically of an effective get-out-the-vote program. Voters are on the weekends) looking for candidates focused on issues related to their interests and an effective get-out-the-vote and  Keep Track of Their Answers. This step is very registration campaigns can aid in the increase turnout. important and too often overlooked. Activities of political campaigns, partisan groups, and  Get Out The Vote! non-partisan organizations have effectively replaced the Who can do GOTV? traditional efforts done by local political parties. Practically any organization, including: Data-Driven Field Campaign • Issue-based organizations Conservatives are utilizing tools like blogs, online • Community-based organizations voter databases, and social networking sites to bridge the technology divide with the left. Data is essential to • Churches, synagogues and mosques effective person-to-person contact. • Neighborhood organizations  Who does your campaign or organization want to talk to? Key points to remember about GOTV  Who have you already talked to?  Ask for the vote! A registered young voter is very  What have you said to them? How did they likely to vote if asked. respond?  Quality counts. Actual votes per contact will be  Who are your volunteers and most loyal higher when the contact is more personalized and supporters? interactive.  Who said they would vote in the upcoming  Provide practical information about how to vote. election, and who are the new voters you just And efforts that make voting more convenient are registered and promised to send voter guides? quite effective.  You don’t need to knock on every house on the  Keep track of your supporters block if you know where your target voters live.  Centralized, web based computer system is best for You don’t need to call through the phone book if massive campaigns. you know which residents are registered voters.  Update data daily  Your field plan is your starting point 11

Maps As you canvass your precinct, always ask voters whether they intend to vote. Record that information. Do target:  Swing voters who always vote (for persuasion)  Voters in your party who only vote sometimes (for GOTV)  Swing voters who only vote sometimes (second persuasion)

Sample Program for Base Voters Military and Overseas Citizens-Registering and Events in pre-primary, invite by phone, email, mail Voting Absentee Internet organizing – pre-primary Members of the United States uniformed services Door visit June – August on active duty and the Merchant Marine, their Community based organizing June – August spouses and dependents, and United States citizens 2 pieces of direct mail – October residing outside of the United States may apply for Volunteer phone call – 2 weeks before election voter registration or request an absentee ballot with a Mail six days before election Federal Post Card Application (FPCA), which may be Door visit Sat/Sun before election obtained from a Voting Assistance Officer or online at Phone call Monday before election www.fvap.gov. Door hanger Monday night before election Additional information for military and overseas voters is available from: Director, Federal Voting Assistance Program Office of the Secretary of Defense Washington Headquarters Services 1155 Defense Pentagon Washington, D.C. 20301-1155 Fax:703-588-0108 Email: [email protected] Toll-free: 800-438-8683 12 citizen-led initiatives

Statewide Investigations: Citizens can encourage Private Right of Action: The National Voter their state Attorney General and Secretary of State to Registration Act allows for a private right of action — investigate cases of rampant voter fraud that means private citizens can bring lawsuits against Congressional Investigations: Congress has states and voter registrars who are allowing dead and constitutional duty of “oversight.” Citizens can seek to ineligible voters to taint the voter rolls. After giving get the committee to establish a commission to address notice, citizens can use the legal system to urge states voting irregularities and fraud. and individual counties to scrub their voter registration rolls of felons, convicts, illegal aliens and dead voters. Strengthen Current Vote Fraud Laws. Now is the time to strengthen the civil and penal penalties for vote The benefits of Precinct Work for Preventing Voter fraud and to strongly enforce them. Fraud: Department of Justice: Citizens must demand that Voter Engagement Getting Out the Vote the Justice Department enforce all election laws and List-Building (Checking Leadership Development not just those that focus on voter intimidation and for new voter, moves and suppression. dead voters) Standardized Ballots. States should adopt English only, simple, easy-to-read ballots. All machine votes Precinct worker can also prevent fraud by maintaining should be authenticated with a verifiable paper trail at relationships with: each precinct. Expand Military Voting Rights. Encourage legislation that would make it easier for military personnel to vote. National Party Presidential Campaigns Campaign Committees State Parties election administration

Election administration involves the facilitation of election officials will prepare for increased voter turnout voting and the management of elections at all levels, in the next election cycle—and then meet with election from local to federal. It includes the organization of officials to raise your voting-related concerns. election agencies, the behavior and characteristics of state and local election officials, the process of Remember, election officials are charged with serving conducting elections, and the implementation of the voting public, so don’t be shy. Ask questions, record election policies. the answers, and determine if the procedures work for the voters in your community. You may wish to identify The Advancement Project, a left-of-center group, points specific individuals from your coalition who will serve out that it is important to immerse oneself in the total as primary contacts with particular election officials to election process. foster the development of good relationships and avoid duplication of effort. Developing strong relationships “Learn the rules of voter registration and review election with election officials can go a long way in achieving the administration processes—including when purges are goals of the voter protection process.” conducted, how poll workers are recruited, and how 13

There are a number of left-of-center groups working Litigation on election administration but few focus on the issue Utilizing the local and national resources groups can of election integrity or the concept of “one citizen, one organize against litigation harmful to our electoral vote.” system and local leaders can also support litigation or legislative initiatives aimed establishing voter ID or Citizens can become involved in election other protections. administration through three main areas: field, litigation and research. Research There is a need for well written and researched guides Field on poll watching (state specific), candidate and voter Local groups can run voter registration and voter registration guides, policy briefs, legal opinions, verification programs. Leaders can train members in briefing papers, and draft legislation. quality control, verifying registrations by precinct [Source: http://elections.gmu.edu/Election_Admin.html] walking and phone follow-ups Local lawyers can volunteer to answer legal and election procedure questions etc.

election day operations The general rule of to immediately respond to a situation thumb is that “The • Provide unit attorneys to address issues at the local closer the margin, registrar’s office the more likely fraud and human • Establish a Circuit and Federal Court litigation error will effect the team outcome.” Election EDO Needs Day Operations  Poll Watchers - Authorization Forms from Unit (EDO) focuses on Chair protecting the integrity of the election.  EDO Unit Attorneys - On call throughout Election Day EDO Goals  Representative at local Registrar - Ensure that  Ensure that all election laws, regulations and rules voting materials are secure and obtain provisional are applied ballot count  Ensure that no eligible voter is disenfranchised  Canvass Leader and Observers  Ensure that all legally cast votes are accurately  Provisional Ballot Attorney/Representative tabulated EDO Procedures (may vary by state)  Ensure that the campaign is prepared for a recount or election contest  Election Night EDO Plan  A designated EDO representative is needed at each unit registrar’s office • Train poll watchers in at-risk precincts  Ensure that all numbers and election materials • Establish a central call center to process calls from have been returned and secured the poll watchers  Determine if any ballots have yet to be counted • Outreach to attorneys and place them in the field 14

 Determine accurate number of Provisional Ballots cast What to document inside the polling place  Canvass  Names of poll workers, election judges,  The length of the canvass will vary according to and other poll watchers. population  Voting machine problems  Canvass Leaders are needed to organize party  Lack of equipment or supplies to vote observers  Inappropriate challenges of voters  A Unit Attorney is needed to observe the  Other suspicious events or activities provisional ballot count  Your vote shows up as the wrong choice  Many Units will not count provisional ballots until Thursday or Friday  The screen automatically fills in votes the voter doesn’t want If you plan to record telephone calls or in-person conversations (including by recording video that  The screen fails to report that vote has been captures sound), you should be aware that there are accepted. federal and state wiretapping laws that may limit your  Voting machines aren’t running ability to do so. These laws not only expose you to  the risk of criminal prosecution, but also potentially Voting machine crashes or freezes give an injured party a civil claim for money damages against you. From a legal standpoint, the most important question in the recording context is whether you must get consent from one or all of the parties to a phone call or conversation before recording it. Federal law and many state wiretapping statutes permit recording if one What to document outside the polling place party (including you) to the phone call or conversation consents. Other states require that all parties to the  Access to the polls communication consent. It is best to check your state  Polling place switching or closure law before proceeding.  People who the right location, but no signs or [Source: http://www.citmedialaw.org/legal-guide/recording-phone-calls- and-conversations] indicators for where to vote  Any instances of intimidation What to bring with you to the polling place  Any instances of illegal electioneering Know the laws, but if possible, bring a small video or  Long lines digital camera.  Polling place but it isn’t open for business on time • Bring a notebook and  Be persistent. Ask questions with your audio a writing implement. recorder running • Bring a small audio Police checkpoints or surveillance of polling places - use recorder. your voter fraud app or video recorder After the Election An effective program must be continuous and year- round. True civic engagement requires leadership, and integrating civic engagement into the core work of the . After the election, local groups can maintain, and inspect voter rolls, lobby for Voter ID and push legislation for tougher penalties for voter fraud. 15 acorn

• Registered more voters in 2006 than any other single organization in any mid-term election in United States history. The single largest program registering young people aged 18-29 with exactly 50% of our registrants falling into that demographic. In 2008, they collected over 151,000 registrations in Florida, 153,000 in Pennsylvania, 215,000 in Michigan, and nearly 250,000 in Ohio. According to the New York Times: “On Oct. 6, 2008, the community organizing group Acorn and ACORN and Project Vote claim to have: an affiliated charity called Project Vote announced • Registered over 4.6 million voters since its with jubilation that they had registered 1.3 million inception in 1982. new voters. But it turns out the claim was a wild exaggeration, and the real number of newly registered • Registered an unmatched 1.67 million voters since voters nationwide is closer to 450,000.” 2003: 1.13 million in 2003-04 and 547,539 in [Source: Project Vote www.projectvote.org] 2005-06.

However, this massive voter registration drive was not without consequences. There have been several accusations of fraud against ACORN.

Nevada Missouri Indiana More than 2,000 voter registration forms filed in northern Authorities raided the In 2007, in Kansas City, four ACORN Lake County filled out by ACORN employees turned out to be headquarters of ACORN employees were indicted for fraud. In April, bogus. Officials also stopped processing a stack of about 5,000 on Tuesday October 7, eight ACORN employees in St. Louis city and applications delivered just before the October 6 registration 2008, after a month- county pleaded guilty to federal election fraud deadline after the first 2,100 turned out to be phony. long investigation. for submitting bogus voter registrations. The fraudulent voter [Source: http://www.cnn.com/2008/POLITICS/10/09/acorn.fraud. [Source: http://www.investors.com/editorial/ claims/?iref=hpmostpop] registrations included the editorialcontent.asp?secid=1501&status=article&id= Dallas Cowboys starting 308358130652174] The list goes on, and on. See the Complete Guide to ACORN line-up. [Source: http://ap.google.com/article/ALeqM5hNf_- Voter Fraud [Source: http://www. bBZls_mvLIRCFJtlkMM3mhAD93MLMTO0] [Source: The Complete Guide to ACORN Voter Fraud http://pajamasmedia. clevelandleader.com/ com/blog/the-complete-guide-to-acorn-voter-fraud/] node/7139]

N.C. State Board of Elections officials have found at least 100 voter registration forms with the same names over and over again. The forms were turned in by ACORN. Officials sent about 30 applications to the state Board of Elections for possible fraud investigation. [Source: http://www.stoptheaclu. com/archives/2008/10/10/acorn- fraud-in-north-carolina/] 16 FACT: If an election is worth stealing, someone is willing to steal it. voter fraud

In 2011 the focus for new Conservative activists Commonly acknowledged types of vote fraud are: should shift back to the local level. All is local Voter registration fraud Dead people voting and to achieve more permanent solutions, citizens Felon vote fraud Voter caging and purging must oversee all elections. Ironically, ACORN’s Absentee ballot vote fraud Voter suppression Project Vote sums up the much-needed reforms to Electronic voting fraud Voter impersonation the electoral system in its study “The Politics of Voter Fraud”: [Source: Wikipedia: http://en.wikipedia.org/wiki/Electoral_fraud]

Better data collection and election administration “ Voter Fraud vs. Voter Registration Fraud will improve the public discussion of voter fraud and The Voter Registration table is the first line of defense lead to more appropriate policies. We need better data, in our own communities. It is a powerful, portable better election administration, transparency and more tool of effective, grassroots activism. Well-informed responsible journalism to improve public understanding citizens have the potential to cultivate commitment of the legitimate ways in which electoral outcomes can to society and American values by bringing together be distorted and manipulated. This will help ensure individuals together who care, who act, who have a that new laws and rules to prevent fraud are narrowly voice. Therefore, it is important to not only register targeted to solve legitimate problems rather than voters, but to make sure that the process is not used as a strategy to shape the electorate for partisan corrupted. advantage.” Ballotpedia defines voter Behind Project Vote’s rhetoric is an organization registration fraud as: intent on chipping away at our election laws through “the act of registering litigation, ballot initiatives and other forms of so-called to vote, or registering “election protection.” In partnership with the Brennan someone else to vote, Center and the Advancement Project, Project Vote will when fraud is involved. Voter registration fraud is be screening legislation for potential legal challenges. considered to be a type of vote fraud. Often voter fraud is confused with voter registration Different ways to commit fraud in the voter fraud and allegations tend to swell as tensions increase. registration process include: Understanding voter fraud and the ways some progressive organization perceive it is key to combating • Filling out and submitting a voter registration card real fraud. for a fictional (made-up) person. The made-up name on the card can be recognizable “Mickey

Mouse” or just a random made-up name, like Definition of Voter Fraud “Jessica Random”. Electoral fraud is illegal interference with the process of an election. Acts of fraud affect vote counts to bring • Filling out a voter registration card with the name about an election result, whether by increasing the of a real person, but without that person’s consent, vote share of the and forging his or her signature on the card. favored candidate, depressing the The Partisan Debate Over Voter fraud vote share of the rival candidates Presently there is a sharp divide between those who or both. Also claim that vote fraud does not exist and those who called voter fraud, point to a number of incidents around the country. the mechanisms The left-of-center Brennan Center for Justice has involved include illegal filed several suits and released scores of press releases voter registration, insisting that vote fraud does not exist: intimidation at polls and “...Allegations of widespread voter fraud, however, often improper vote counting. prove greatly exaggerated. It is easy to grab headlines 17

with a lurid claim (“Tens of thousands may be voting ballots (in-person or absentee) or other materials illegally!”); the follow-up - when any exists - is not whether original or duplicate required to be sent by usually deemed newsworthy. Yet on closer examination, jurisdictional law. many of the claims of voter fraud amount to a great Intentionally making a false affidavit, swearing falsely, deal of smoke without much fire. The allegations simply or falsely affirming under an oath required by a do not pan out.” statute regarding their voting status, including when [Source: Brennan Center for Justice http://counterintelligence/content/ registering to vote, requesting an absentee ballot or resource/counterrevolutionary/] presenting to vote in person. On the other hand, Republican John McCain also Campaigning Near Poll raised legitimate questions in 2008 regarding voter Though it varies from state to state, the law prohibits, fraud: among other things, electioneering, distributing “You’ve seen the allegations, the multiple registrations election literature, and posting signs with respect to under the same name, the more registered voters than any candidate or question to be voted on inside the the population. These are serious allegations, my building in which a polling place is located or within friends, and they must be investigated, and they must at least 25 feet of the building’s outer door. be investigated immediately and they must be stopped before November the fourth, so Americans will not -- It’s Happened: will not -- be deprived of a fair process in this election.” “First Lady Michelle Obama appears to [Source: Republicans raise red flag over voter fraud - Boston.com http:// bit.ly/96d16r] have violated Illinois law -- when she engaged in political discussion at a As the debate rages on, its important to remember polling place! The drama began after Mrs. Obama that the best way to combat fraud and allegations of stopped off at the Martin Luther King Center on fraud is to ensure that groups registering voters in your the south side of Chicago to cast an early vote. community are following guidelines and turning in After finishing at the machine, Obama went back cards on time. to the desk and handed in her voting key. She let voters including electrician Dennis Campbell, Types of Voter Fraud 56, take some photos. ‘She was telling me how important it was to vote to keep her husband’s Voting or attempting to vote in an election after being agenda going,’ Campbell said.” disqualified or when the person knows that he or she is not eligible to vote. [Source: http://drudgereport.com/flash2.htm] Voting or attempting to vote more than once during Tampering with Voting Machine the same election as someone may vote absentee in the Like most technology, voting machines can become one municipality as an absentee voter and votes again vulnerable to attack. From a switched memory card in person in the same or different municipality on to any official who for nefarious reasons, during Election Day. an election or before an election or after, tampers with a machine in order to change the outcome has Knowingly causing to be mailed or distributed, or committed voter fraud. This includes damaging, knowingly mailing or distributing, literature that defacing, or impairing in any form. includes false information about absentee ballot information, voter’s precinct or polling place, the date It’s Happened: and time of the election or a candidate. In Florida, a computer programmer testified that Intentionally changing, attempting to change, or Congressional candidate causing to be changed an official election document Tom Feeney attempted to pay him to rig election including ballots, tallies, and returns. vote counts. Intentionally delaying, attempting to delay, or causing [Source: http://www.youtube.com/watch?v=JEzY2tnwExs] to be delayed the sending of certificate, register, 18

Voter Intimidation Voter intimidation involves putting undue pressure It’s Happened: New Black Panther on a voter or group of voters so that Party - “The discussion they will vote a particular way, centers on whether or not at all. Absentee and the Justice Department’s civil rights division other remote voting can mishandled a lawsuit against members of the New be more open to some Black Panther Party, which was filed weeks before forms of intimidation as the Obama administration took office. The suit was the voter does not have focused on the party and two of its members, who stood out front of a polling place in Philadelphia on the protection and privacy Election Day 2008 wearing military gear. They were of the polling location. captured on video and were accused of trying to Intimidation can take a range discourage some people from voting. One carried of forms. a nightstick.” [Source: http://www.washingtonpost.com/wp-dyn/content/ Violence or the threat of violence: In article/2010/07/14/AR2010071405880.html] its simplest form, voters from a particular demographic or known to support a particular party or Vote Buying candidate are directly threatened Voters may be given money or other rewards for by supporters of another party voting in a particular way, or not voting. In some or candidate or those hired by jurisdictions, the offer or giving of other rewards is them. In other cases supporters referred to as “electoral treating”. Vote buying may also of a particular party make it be done indirectly, for example by paying clergymen known that if a particular village or neighborhood is to tell their parishioners to vote for a particular party found to have voted the ‘wrong’ way, reprisals will be or candidate. Vote buying is generally avoided by not made against that community. Another method is to providing a “receipt” for the counted vote, even if it’s make a general threat of violence, for example a bomb technically possible to do so. threat that has the effect of closing a particular polling [Source: http://en.wikipedia.org/wiki/Electoral_fraud#Vote_buying] place, thus making it difficult for people in that area to vote. It’s Happened: “The Attacks on polling places: Polling places in an area reported that a Cleveland known to support a particular party or candidate may man said he was given be targeted for vandalism, destruction or threats, thus cash and cigarettes by aggressive ACORN making it difficult or impossible for people in that area to activists in exchange for registering an astonishing vote. 72 times.” Legal threats: In this case voters will be made to [Source: http://pajamasmedia.com/blog/the-complete-guide-to- acorn-voter-fraud/2/] believe, accurately or otherwise, that they are not legally entitled to vote, or that they are legally obliged to vote a particular way. Voters who are not confident about their Illegal Electioneering entitlement to vote may also be intimidated by real or Illegal electioneering includes distributing or posting implied authority figures who suggest that those who campaign materials within the building where the vote when they are not entitled to will be imprisoned, election is being held as well as the areas leading to deported or otherwise punished. the polling place... It is also illegal for an election Economic threats: In company towns in which one officer or public employee to electioneer while in the company employs most of the working population, the performance of his or her official duties. company may threaten workers with disciplinary action if [Source: http://www.nhlgc.org/publications/item_detail. they do not vote the way their employer dictates. asp?TCArticleID=288] [Source: http://en.wikipedia.org/wiki/Electoral_fraud#Intimidation] 19

Provisional Voting Problems Authorized Representative To cast a provisional ballot, a person must execute Each political party, independent a provisional ballot affirmation before a precinct or primary candidate is allowed officer at the polling place declaring that he/ a representative for each she is a registered voter in the city or town and registration book who may resides within the geographical boundaries of said remain in the room during precinct. All provisional voters must show suitable the election process. No more identification showing their name and current address. than three representatives for After voting on a provisional ballot, the person places each party, independent or primary it in a specially marked envelope, seals that envelope candidate are allowed in any one polling place. and returns it to the precinct election official. The An authorized list of representatives should be ballot will then be set aside until a determination of given to the local electoral board or chief officer of the person’s eligibility can be made. election; or a written statement should be given to [Source: www.sec.state.ma.us/ele/elepdf/eledaylglsum.doc] each Representative to show at the polling place. Representatives can be set up on a shift basis by the It’s Happened: Different states have party or independent candidate. different procedures for Representative At Close of Polls counting or not counting provisional ballots that are cast in the wrong Each political party may have two representatives precinct. Some states will not count these and an independent or primary candidate may have ballots, so it is important to go to the correct one representative at the polling place to witness the polling place on Election Day. In a study of Ohio counting of ballots and ascertainment of results. and Florida a majority of provisional ballots Shortage of Poll Watchers thrown out were because voters showed up at the wrong precinct, and cast provisional ballots Laws vary by state but in general: -- and often are not told the ballots would not To open, a site should have at least one poll worker from count unless cast in the correct precinct. each of the two major political parties. If one is missing: [Source:www.sourcewatch.org/index.php?title=Provisional_ voting#Problems_with_provisional_voting] Alert your Coordinator or call your county election office to inform them of the vacancies.

Campaign Poll Workers If available, the Board will send standby poll workers to your site to make up for the shortage. These poll Poll workers must be outside 40 feet of any entrance to workers will bring a “Certificate to Work” with them; the building in which the polling place is located. “Poll worker shortage causes worry: A shortage of at There is no limit to the number or poll workers least 500,000 poll workers nationwide for today’s voting allowed outside the polling place. could contribute to long lines, cranky volunteers, late Poll workers cannot hinder or delay a person from opening and closing of polling places and the chance entering or leaving a polling place. that results won’t be known until long after the polls supplies, including Sample Ballots, close. About 1.4 million people have been trained to may be distributed outside the 40 feet but must serve as poll workers, about the same as four years ago, contain the statement -- “Paid for and Authorized by according to the U.S. Election Assistance Commission. (name of candidate or name of candidate’s campaign However, nearly 2 million poll workers are needed committee or name of political party committee or to deal with a possible heavy turnout, many first- name and address of person responsible)”. time voters and unfamiliar touch-screen machines in [Sources: http://www.jhdesigninc.com/Campaign-Items/Election-Day- hundreds of counties, according to the commission. Polls.asp] The Associated Press reported that the shortage is acute in urban areas where workers should be able to speak multiple languages.” [Source: http://www.usatoday.com/news/politicselections/electionline.htm] 20

Police Interference Police and law enforcement should not interfere with the commission of an election to prevent any voter from casting a ballot. Obstructing a Poll worker It’s Happened: Disorderly election conduct is willfully: (a) Some groups think these Disturbing the peace in or about any voting place activities are targeted at on election day; (b) leaving or attempting to leave minorities: “The placement a voting place in possession of any ballot, except as of armed officers at the polls will lead to widespread is specifically permitted by law; (c) approaching or intimidation of voters, with a particularly negative remaining closer than three feet to any voting booth, impact on minority voters. This issue was highlighted during the 2000 election in Florida, voting machine or table being used by an election when police checkpoints near African-American board except as admitted for the purpose of voting or polling places scared some voters away from the by authority of the supervising judge; (d) interrupting, polls. While we all are concerned about security hindering or obstructing any person approaching any on Election Day, the use of armed officers must voting place for the purpose of voting (e) engaging in be avoided in all but the most extreme cases. any of the following activities within 250 feet from Therefore, we urge you to issue a statement to the entrance of a polling place during the hours the election officials across the country making clear polls are open on election day: (1) solicitation of that the use of armed personnel at the polls is to be contributions; or (2) conduct of advisory elections avoided, barring direct information about a credible other than those specifically authorized by law, security threat at a particular location.” including the exercise of home rule power, to be [Source: http://www.civilrights.org/advocacy/letters/2004/protect- conducted by a county election officer. minority-voting-rights-in-nov-2-election.html] [Source: http://ballotpedia.org/wiki/index.php/Voting_laws_in_Kansas] Abnormally long lines In every election, some voters encounter practical It’s Happened: impediments to voting, such as long lines at the A would-be voter in polling place. In 2004, however, the issue received Pennsylvania was arrested at a polling place increased attention. [Source: http://en.wikipedia.org/wiki/2004_United_States_election_ in Allentown after smashing an electronic voting voting_controversies] machine with a paperweight, according to poll workers. It’s Happened: Long lines are an issue for a [Source: http://www.msnbc.msn.com/id/15611962/] number of reasons but some political parties will try to use Unlawfully Assisting a Voter the situation to keep polls A voter who informs the warden that from blindness open later for political gain. “Judge Ordered St. Louis or other physical disability or inability to read or to Precincts Kept Open After Voting Deadline Passed - read in the English language that they are unable to Many people in the city of St. Louis, Mo., voted after prepare their ballot or register their vote is entitled to the legal 7:00 p.m. voting deadline had passed last receive assistance to do so... The voter may designate a Tuesday because Missouri Circuit Court Judge Evelyn person of their choice to assist them. In the alternative, Baker about an hour earlier ordered that polling the voter can request that two election officers, one places be kept open. That ruling was reversed at 7:45 from each major party, accompany them into the p.m. by a three-judge panel of state appeals court judges. But there are allegations from many critics, voting booth to assist them in completing their ballot. including a U.S. senator, that polling places remained ...Where a voter requests instruction or assistance open even after that. Two days after the polls had after entering the voting machine booth two election finally closed, it was still undetermined how many late officers of different political parties may instruct or votes had actually been cast.” assist the voter in the voting booth). [Source: http://findarticles.com/p/articles/mi_qa3827/is_200011/ [Source: www.sec.state.ma.us/ele/elepdf/eledaylglsum.doc] ai_n8915052/] 21

It’s Happened: “In 2008, a judge Providing False Information on a dismissed another case Ballot Application in the McAllen voter fraud indictments from 2006. The voter application contains an affidavit and if you Two years after the son of a former McAllen mayor provide false information on this application you can and nine other individuals were indicted in Hidalgo be convicted of a felony and/or misdemeanor. County, the case fell apart. One indicted individual pled guilty, but these charges against the others It’s Happened: were dropped. The nine were indicted with various In an April 20 letter, the levels of vote fraud after it was reported that they secretary of state office’s had helped elderly people with their ballots and elections director, Ann possibly influenced their decisions. Others were McGeehan, asked the attorney general for help, accused of receiving money for votes. The cases citing evidence of nine possible crimes. They have been delayed several times already and most included illegal voting, obstructing a poll watcher, have been dismissed. unlawfully assisting a voter and providing false The district attorney who was prosecuting the information on a ballot application. case dropped the final case in April 2010. District [Source: www.dallasnews.com/sharedcontent/dws/news/localnews/ Attorney René Guerra said that voter fraud cases stories/042810dnmetagprobe.415b8db.html were difficult to prosecute and that some activity, such as possessing two ballots, should not be illegal.” [Source: http://www.ballotpedia.org/wiki/index.php/Vote_fraud_in_ Texas#cite_note-Article-17]

the voter fraud app Prior to the 2010 elections, application automatically (AMA) created the nation’s first mobile application opens the phone’s camera, to help identify, report and track suspected incidents providing the user with of voter fraud and intimidation. This free, cutting a quick and easy way to edge system will enable voters for the first time to take document the incident. action to help defend their right to vote. Once the user is satisfied When a voter experiences a potential incident of with any photographic voter fraud or intimidation, they can simply open the evidence, they are prompted Voter Fraud application and submit a report using the to fill out a brief report, providing important details “Report an Issue” button on the home screen. The and location of the possible incident. 22 American Majority overview and resources American Majority is the nation’s premier political Connecting with American Majority training non-profit developing the next generation • Website: www.AmericanMajority.org of conservative, political leaders. Its non- partisan role is to identify qualified individuals who • Facebook: http://www.facebook.com/ should run for public office, and to educate and equip AmericanMajority them with the philosophical foundation necessary • Twitter: http://www.twitter.com/AM_National to guide effective decisions once elected. Through its different tracks of training American Majority is creating a new nationwide network of leaders and grassroots supporters who will integrate the ideals of individual freedom and free markets at all levels of state and local government. additional election integrity resources Electionline: http://www.pewcenteronthestates.org/electionline.aspx Ballot Access News: http://www.ballot-access.org/ Election Law Blog: http://electionlawblog.org/ Election Law @ Moritz: http://moritzlaw.osu.edu/electionlaw/ The Campaign Legal Center: http://www.clcblog.org/ How To Vote & Register Anywhere In The U.S.: http://www.thekitchencabinet.us/ 866-OUR-VOTE:http://www.866ourvote.org/ Investigator’s Guide to Voter Fraud: http://www.brennancenter.org/content/resource/investigators_guide_to_ voter_fraud/ Election Assistance Commission: http://www.eac.gov/index_html1 Poll Workers for Democracy: http://act.credoaction.com/pollworkers/index.html The Politics of Voter Fraud: http://projectvote.org/fileadmin/ProjectVote/Publications/Politics_of_Voter_Fraud_ Final.pdf Project Vote Smart: http://www.votesmart.org/ Vote Poke - Allows people to instantly find out whether or not they’re registered to vote: https://www.votepoke. org/index.html P.O. Box 87 • Purcellville, VA 20134 • 540-338-1251 [email protected] • www.AmericanMajority.org