Pennsylvania and Federal Laws Regarding Voting

Pennsylvania laws addressing voter fraud include various provisions under the Pennsylvania Election Code and related statutes. These laws encompass both criminal and civil penalties for different types of election-related offenses, such as bribery, fraud, illegal voting, and other forms of election misconduct. The penalties can range from fines and imprisonment to disenfranchisement and disqualification from holding public office.

In Pennsylvania, several specific crimes relate to voter fraud. Under 25 P.S. § 3050, any person who willfully commits fraud or conspires to commit fraud in relation to provisional ballots commits a felony of the third degree, punishable by a fine of up to $15, 000 or imprisonment for up to seven years, or both. Additionally, 25 P.S. § 3525 outlines that tampering with election materials, such as voting machines, ballots, or voter lists, or conspiring to prevent a free and fair election, is also classified as a felony of the third degree, with similar penalties.

25 P.S. § 3527 further specifies that actions such as preventing election officers from performing their duties, using violence or intimidation to influence voters, presenting fraudulent voter certificates, depositing fraudulent ballots, or tampering with voting machines are felonies of the third degree. Voting more than once in an election or advising someone else to do so is another felony of the third degree under 25 P.S. § 3535.

Voting without possessing the necessary qualifications is considered a misdemeanor of the first degree, punishable by a fine of up to $10, 000 or imprisonment for up to five years, or both, as per 25 P.S. § 3533. Other related offenses include making false statements for voter registration, which is a misdemeanor under 25 P.S. § 303, punishable by imprisonment for up to one year and a fine of up to $1, 000. Lastly, tampering with or injuring voting machines is classified as a misdemeanor of the second degree under 25 P.S. § 3518, with penalties including a fine of up to $5, 000 or imprisonment for up to two years, or both.

Some interesting and unique cases are follows.

In Commonwealth v. Petrillo, the defendant pleaded guilty to multiple charges related to election irregularities, including unlawful interference with an elector, possession of an elector's absentee ballot outside the polling place, conspiracy to prevent a free and fair primary election, and criminal conspiracy. The superior court eventually allowed the defendant to withdraw his guilty plea due to lack of knowledge about certain consequences. Commonwealth v. Petrillo, 255 Pa. Super. 225.

In Leonard v. Commonwealth, the Supreme Court of Pennsylvania held that violations of election laws, such as bribery and fraud committed by a candidate, disqualified the individual from holding office. The statutes in question were designed to prevent frauds at nominating conventions and primary elections. Leonard v. Commonwealth, 112 Pa. 607.

In Commonwealth v. Wadzinski, the defendant was found guilty of violating a statute requiring written notice of political advertisements referring to opponents within 48 hours of an election. The Supreme Court of Pennsylvania eventually dismissed the charges against the Defendant and struck down the statute as unconstitutional, citing violations of protected speech rights. Commonwealth v. Wadzinski, 492 Pa. 35.

Turning to federal law, there are essentially two (2) major federal laws that address voter rolls, registration, and voter fraud. These laws are the Help America Votes Act or “HAVA” (designed to encourage voting and make it easier for citizens to vote) and the National Voting Rights Act or “NVRA.” These laws are very exclusive, however, and generally defer to government authorities to prosecute the law or ensure compliance with the laws. The NVRA does provide for a private right of action, but it is exceedingly difficult to obtain due to deadlines and timing of complaints alleging non-compliance by government authorities.

Regardless, the issue of standing in regard to voter fraud is also difficult to show for any private plaintiff. Standing is a legal concept that a person before the court has been damaged or wronged by the defendant’s conduct. Without standing, there is no claim. Generalized allegations of “voter fraud” therefore, a difficult for private tortfeasors to bring because they cannot show direct and actual standing to bring a claim. Prosecuting voter fraud is largely up to the state and federal governments.