What counts as voter fraud in California? Learn election rules, penalties

In 2021, Orange County resident Maya Jean Yourex cast a mail-in ballot in the special election to recall California Gov. Gavin Newsom.

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Maya also attempted to vote in the 2022 primary election, although her ballot was rejected.

There was one major problem: Maya was a dog.

Maya’s owner, Laura Lee Yourex of Costa Mesa, illegally registered her pet to vote in California, then bragged about the act on social media, the Los Angeles Times and other media outlets reported.

Yourex originally faced five felony charges, but pleaded guilty in April to a misdemeanor count of knowingly registering a non-existent person to vote.

As part of her plea deal, she’s required to pay $1,500 for four highway billboards reading, in part, “Don’t be a dog. Voter fraud is a crime,” the Orange County District Attorney’s Office said.

What’s considered voter fraud or election fraud in California? What are the penalties if you’re caught?

Here’s what legal experts say:

Who is eligible to vote in California?

According to the California Secretary of State’s Voter Bill of Rights, you’re eligible to vote in California if:

  • You are a U.S. citizen residing in California.
  • You are at least 18 years old.
  • You’re registered to vote where you currently reside.
  • You are not imprisoned for the conviction of a felony.
  • A court has not found you incompetent to vote.

What is considered voter fraud in California?

In California, you could be convicted of voter fraud if you’re caught committing “fraudulent acts relating to the voting process,” according to Los Angeles law firm Werksman Jackson Quinn and Mason LLP.

This can include impersonating a registered voter, casting multiple ballots, selling your vote or providing false information when registering to vote.

You could also get in trouble for casting your ballot if you’re not eligible to vote.

In October, the U.S. Department of Justice charged 28 people with federal elections-related crimes, including illegal voter registration and voting. Although the California residents are lawful permanent residents, they’re not allowed to vote in U.S. elections, the federal Justice Department said.

“Federal law prohibits intimidation, threats or coercion related to voting rights or participation, including registering to vote, urging others to vote or exercising voting rights,” Werksman Jackson Quinn and Mason LLP said.

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How is election fraud different?

“Election fraud involves illegal actions or manipulations geared to influence the outcome of an election,” from vote counting and certification to spreading false information about voting, Werksman Jackson Quinn and Mason LLP said.

Taking “actions that intimidate voters to deter them from exercising their rights” is considered election fraud, according to the law firm.

You can also be charged with election fraud if you’re caught buying votes, adding invalid ballots to dropoff boxes and threatening, intimidating or interfering with voters, according to Werksman Jackson Quinn and Mason LLP.

Voters, candidates, campaign staff, political operatives and election officials can all be found guilty of tampering with the election process, the law film said.

What are penalties for breaking California’s voting laws?

People convicted of committing voter fraud in California can face jail time or prison sentences, as well as fines ranging from $1,000 to $25,000, according to the California Secretary of State.

You can spend up to three years in prison if you are caught:

  • Paying or taking money to influence a voter or endorsement
  • Paying or offering money to persuade someone to vote or register to vote
  • Agreeing or receiving a payment in exchange for casting or not casting a ballot
  • Creating, using and supplying fake ballot papers or cards
  • Committing or attempting to commit fraud in connection with voting
  • Casting a ballot illegally
  • Voting or attempting to vote more than once
  • Impersonating or trying to impersonate a voter
  • Aiding or abetting tampering with voting systems

According to California law, voter fraud crimes that are punishable by up to $10,000 in fines includde:

  • Paying someone to vote or register to vote
  • Creating, using and supplying fake ballot paperwork
  • Voting or attempting to vote more than once
  • Impersonating a voter or attempting to

What are the penalties for election fraud?

If you’re found guilty of election fraud, you can also face prison time and fines of up to $10,000.

If you are caught committing these crimes, you could face up to three years in prison:

  • Interfering with an election being held fairly and lawfully
  • Impeding on people voting or intimidating or threatening voters
  • Adding or subtracting ballots

Additionally, you can face fines up to $10,000 if you are found guilty of:

  • Impeding on the return of mail-in ballots
  • Adding or subtracting ballots

Can voter, election fraud be charged as federal crimes?

Werksman Jackson Quinn and Mason LLP said campaign finance violations, voter and ballot fraud and civil rights infringement relating to elections can be prosecuted as federal crimes.

In federal court, voter and election fraud crimes are punishable by a maximum of $250,000 in fines and up to five years in federal prison, according to U.S. Federal law.

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