Tuesday is Election Day, and with it comes a lot of talk in the media about election fraud. And the reporting runs the gamut from MSNBC's Rachel Maddow and Eugene Robinson calling it "mythology" to Fox News establishing an email address (VoterFraud@FoxNews.com) for fielding reports of election fraud from its viewers. Why, there's even "an app for that" (although, as noted below, do not try using the app feature for sending in photos or videos from your polling place; you could get arrested).
So first up: is election fraud just myth?
Come on folks, you live in Chicago! Of course it's not a myth! It's part of our history, and I don't mean just the 1960 Presidential election. The last major push by the Feds against election fraud in Chicago came after the 1982 election, resulting in 63 convictions. The U.S. Attorney at the time estimated that at least 100,000 fraudulent votes had been cast.
Tribune archive photo April 1948
But while better oversight and improved technology has greatly reduced the chances of massive voter fraud in the present day, no amount of technology or oversight can prevent all election fraud, especially when you have the heady combination of overzealous campaign workers and close elections.
And that's where you, the voters going to the polls on Tuesday, come in. Alert, informed citizens can do much to prevent, detect and deter election fraud.
But first, a short tutorial on some election day matters.
Two Ballots
In the City of Chicago and in a number of other jurisdictions, the sheer number of candidates and issues has required the use of two ballot sheets for this election. In Chicago, one sheet contains the ballot for contested elections and judicial retention (both front and back), and the other sheet contains the proposed amendment to the Illinois constitution. As such, if you choose to vote by paper ballot, you should receive two different sheets of paper for casting your vote. Further, because each voter will be receiving two ballots, the ballot counting device in the polling place should indicate double the ballots read than voters voting; a situation in earlier elections might indicate ballot box stuffing.
Two Senate Elections
One of the first things you may notice when voting is that there are two different U.S. Senate races listed, with the same candidates listed in both races. This is not a glitch! The first race is for the new six-year term for U.S. Senator from Illinois. The second race, pursuant to a Federal Court order, is a special election to complete the unexpired term of Barack Obama, which is currently being held by Roland Burris. According to the Federal Court, Mr. Burris should have held office only until a special election was held on a day which coincided with the next statewide election, which should have been on last February's statewide primary election day. However, since the special election to complete the Senate term was not held at that time, it is being held now. So vote in both U.S. Senate races! This may be your only chance to vote twice for the same candidate for the same office at the same time without fear of indictment!
Time Off to Vote
Illinois law requires employers to give their employees time off from work, without penalty, in order to vote. However, this requirement, like all things in life, has some strings attached:
- The employee must submit a request for such leave prior to the Election Day (i.e., Monday);
- The time off cannot be greater than 2 hours;
- The employer, not the employee, gets to choose the time that the employee may be absent; and, the kicker,
- The employee's normal working hours must begin before 8:00 AM and end after 5:00 PM, in order to be eligible for this statutory time off.
Campaign Free Zone
Illinois law prohibits electioneering or soliciting of votes within polling places or within 100 feet of polling places. From where the 100 foot mark is measured is complicated depending on where the polling place is located, but it is made easier by the fact that the Judges of Election are mandated to place a blue traffic come at the spot where the "Campaign Free Zone" begins. Electioneering includes soliciting for votes, seeking signatures on petitions, engaging in political discussion, and even includes the wearing of candidate names and political slogans on buttons, hats, t-shirts, etc. (So be careful what you wear to the polls on Tuesday; you may lawfully be asked to leave and change your clothes!) Credentialed members of the news media and credentialed exit pollsters are allowed to operate with the Campaign Free Zone.
Poll Watchers
Each political party, each candidate, and certain registered civic organizations are allowed up to 2 poll watchers within each polling places on Election Day. Such poll watchers are to observe the conduct of the election. Poll watchers are not allowed to handle any election materials, take photographs or videos, or interfere with the orderly conduct of the election. A poll watcher may challenge, for cause, the qualifications of any person seeking to vote, and may call to the attention of the Judges of Election any incorrect procedure or apparent violations of the Election Code. (Note: individual voters at the polling place at the time that a person presents themselves to vote may also challenge that person's identity or qualification to vote; such a challenge must state a specific reason (e.g., "John Smith is my neighbor, and you're not him."); and such challenge must be directed at the Judges of Election, and not to the person being challenged.)
Cameras in the Polling Place
The use of cameras in polling places is strictly prohibited in Illinois. The only exception is for properly credentialed media, with the permission of the Judges of Election and the voters in the polling place. This prohibition includes both still photos and videos, and includes, of course, the use of cell phone cameras. Illinois law specifically does not allow you to photograph your ballot. (This law was enacted to prohibit an old practice of requiring patronage workers to photograph their ballots in order to show their ward bosses that they voted "right" in order to keep their jobs.) If you are suspected of using a camera within a polling place, you may be asked by a Judge of Election to leave; if you refuse to leave, you are subject to arrest.
Where to Report Irregularities, Ask Questions
If you observe any fraud, voter intimidation, campaign free zone violations, or any other irregularities at your polling place on Election Day, the first person to turn to is the Judges of Election at your polling place. If, however, you do not wish to speak with the Judges of Election, or you have and are not satisfied with their response, there are a number of hotlines that you can call on Election Day to report and get action on your concerns.
For example, the Chicago Election Board will have more than 300 investigators assigned to Election Day duty. This includes roving investigators who make unannounced inspections of polling places in addition to responding to calls placed to Election Central. The Election Central hotline is staffed by Board personnel and attorneys versed in election law. Election Central hotlines will be operational on Election Day only.
Additionally, the telephone numbers for the Chicago Election Board's Election Central, and the Cook County Clerk's office are good for general election questions within their respective jurisdictions.
So here are those telephone numbers:
- For polling places within the City of Chicago, call the Chicago Board of Election Commissioners' "Election Central": 312-269-7870
- For suburban Cook County polling places, call the Cook County Clerk's hotline: 312-603-0236
- For the Cook County State's Attorney: 312-603-7960
- For the Illinois Attorney General: 886-536-3496
- For the Illinois State Board of Elections: 312-263-7367
- For the United States Attorney for the Northern District of Illinois: 312-469-6157
- Additionally, complaints about ballot access problems or discrimination can be made to the U.S. Department of Justice Civil Rights Division Voting Section in Washington at 1-800-253-3931.
Good luck! Happy Voting!
Professor Fraud is William Kresse, Associate Professor at Saint Xavier University and Director of its Center for the Study of Fraud and Corruption. And in the spirit of full disclosure, Professor Kresse will be one of the "attorneys versed in election law" working at the Chicago Board of Election Commissioners' Election Central on Election Day.