Tuesday, October 22, 2002

Fear the Idiot, Not the Criminal

Although no evidence has been detected regarding actual cases of voter fraud in Minnesota, much ado has been raised by the local media of the potential for abuses, given the lax standards for registration that have been adopted in this state over the past 10 years. Given the shenanigans going on in this regard across the country perhaps the scrutiny is merited. However, I believe the likelihood of any significant level of voter fraud in this state is limited.

The potential for abuse lies with two specific procedures. First, voters are able to register on election day itself, at the polling place. Furthermore, only a very basic level of personal identification is needed. A driver's license with the correct address will suffice. Even if you don’t have any official ID with your correct address, you can still register, as long as you have or any Minnesota issued photo ID (no matter what the address) and a utility bill with your name and an address listed within that precinct.

What if even if these barriers are too steep? What if these criteria unjustifiably filter you out from your sacred right of the vote (and it should for about the same proportion of the population that finds an Al Sicherman column funny)? Well, there is another option. Simply find someone who is registered to vote in that precinct to vouch that indeed you do live within that precinct. In fact, the voucher doesn't even have to know exactly where you live (that is, they don't need to know the address or even the street name), they just have to personally verify that the potential registrant lives somewhere within the precincts specified boundaries. (I suppose the proponents of this statute were prepared to rely on Americans' well known skill in understanding geographical boundaries--what is it, about 33% who are able to find the Pacific Ocean on a globe? )

The system is set up to allow even the most casually interested citizen to vote. Anyone who happens to be roused from the fog of their own existence on the first Tuesday in November due to hearing that a professional wrestler is on the ballot, can stumble in to a polling place, register, and then cackle and snort at their own withering social criticism of metaphorically blowing their nose with their ballot (which of course turns to frustration and then rage as they search in vain for the listing of Rock and Roll Buck Zumhoff for Attorney General). But this in itself isn't fraudulent. Yes, it's one of the many possible negative results of a poorly designed law with potentially disastrous consequences But it's 100% legal.

However, the system is also vulnerable to fraudulent manipulation. That is, with very little technical expertise or guile an individual could indeed get to vote in a precinct where they are not legally permitted to do so. A willing confederate who is legally registered is all it would take. In fact, it's also possible for such a willing confederate to show up at a precinct location with a busload full of outside agitators and vouch that each and every one of them live in that precinct and they all would be allowed to vote under the law. (There is no limit to the number of people one individual can vouch for).

So why hasn't this variation of fraud happened yet and why is it unlikely to happen this year? In short, because even cynical, devious political operatives are afraid they will get caught. The only way to exploit the Minnesota registration system is for one legally registered person to step out into the sunshine and put their ass on the line. And that's too much risk for most people.

The voucher has to have an address on file with the county elections office (vouchers can't vouch for other vouchers) and they would have to read and sign an oath regarding their actions. This creates a paper trail that could be used in the event of an investigation.

In truth, any such investigations are extremely rare, but the possibility alone is enough to deter most people. And the random, rare coffee house revolutionary who is willing to break laws to illegally vouch for one or two other people will not be in a position to influence the outcome of an election. Only egregious violations have this potential and it's these types of events that would draw the increased scrutiny of election judges. Any episodes of "high strangeness," such as a busload of Mexican migrant workers in Wellstone t-shirts, showing up in Minnetonka and being vouched for by one person, would draw attention.

In Minnesota, the judge system is set up not to be neutral, rather it's equally partisan, so each precinct is staffed with at least one member of each major party. Therefore, a Republican should be present to witness any hijnix perpetrated by the Wellstone campaign. Furthermore, a judge can challenge any voter they suspect to be ineligible, that is by asking them where they live and how long they've lived in Minnesota. If these questions are not answered to the judge's satisfaction, the voter can be denied--with no option for appeal. Even if the questions are answered appropriately, the judge can report his suspicions to the county elections department. This won't prevent the votes from being cast, but it will put the spotlight on the voucher. And this is generally enough to prevent people from volunteering to throw themselves on the sword, no matter how much they want to see their richer neighbor's taxes raised.

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