Election Fraud and Fired US Attorney John McKay

I have read people saying that election fraud has trivial importance in the United States, so the Republicans' desire for investigations and for identity to be verified for voting is unjustified. Here's clear evidence against that. Note, too, the behavior of US Attorney John McKay, who was later fired.Click here to read more

It was right to fire him for that.

But the most interesting news came out of Seattle, where on Thursday local prosecutors indicted seven workers for Acorn, a union-backed activist group that last year registered more than 540,000 low-income and minority voters nationwide and deployed more than 4,000 get-out-the- vote workers. The Acorn defendants stand accused of submitting phony forms in what Secretary of State Sam Reed says is the "worst case of voter-registration fraud in the history" of the state.

The list of "voters" registered in Washington state included former House Speaker Dennis Hastert, New York Times columnists Frank Rich and Tom Friedman, actress Katie Holmes and nonexistent people with nonsensical names such as Stormi Bays and Fruto Boy. The addresses used for the fake names were local homeless shelters. Given that the state doesn't require the showing of any identification before voting, it is entirely possible people could have illegally voted using those names.

Local officials refused to accept the registrations because they had been delivered after last year's Oct. 7 registration deadline. Initially, Acorn officials demanded the registrations be accepted and threatened to sue King County (Seattle) officials if they were tossed out. But just after four Acorn registration workers were indicted in Kansas City, Mo., on similar charges of fraud, the group reversed its position and said the registrations should be rejected. But by then, local election workers had had a reason to carefully scrutinize the forms and uncovered the fraud. Of the 1,805 names submitted by Acorn, only nine have been confirmed as valid, and another 34 are still being investigated. The rest--over 97%--were fake. ...

In Washington state, King County Prosecutor Dan Satterberg said that in lieu of charging Acorn itself as part of the registration fraud case, he had worked out an agreement by which the group will pay $25,000 to reimburse the costs of the investigation and formally agree to tighten supervision of its activities, which Mr. Satterberg said were rife with "lax oversight."...

Take Washington state, where former U.S. attorney John McKay declined to pursue allegations of voter fraud after that state's hotly contested 2004 governor's race was decided in favor of Democrat Christine Gregoire by 133 votes on a third recount. As the Seattle media widely reported, some "voters" were deceased, others were registered in storage lockers, and still others were ineligible felons. Extra ballots were "found" and declared valid 10 times during the vote count and recount. In some precincts, more votes were cast than voters showed up at the polls.

Mr. McKay insists he left "no stone unturned" in investigating allegations of fraud in the governor's race but found no evidence of a crime. But in an interview with Stefan Sharkansky of SoundPolitics.com in May, Mr. McKay admitted that he "didn't like the way the election was handled" and that it had "smelled really, really bad." His decision not to prosecute was apparently based on the threshold of evidence he insisted be met before he would even deploy FBI agents to investigate: a firsthand account of a conspiracy to alter the outcome of the election.

But Mr. McKay is incorrect in saying that he had to find a conspiracy in order to reach the federal threshold for election crimes. In Milwaukee, after the 2004 election U.S. Attorney Steve Biskupic investigated many of the same problems that were found in Seattle: felons voting, double-voting and more votes cast than voters who signed poll books. In 2005 Mr. Biskupic concluded that he had found nothing that "has shown a plot to try to tip an election," but he nonetheless prosecuted and won six convictions for felon voting and double-voting.

 

Note that the federal law apparently doesn't make it a crime to use fraud to change the result of an election---it only makes it a crime to use fraud to change the result of an election *because you want your side to win*. If you do it for money, that doesn't count. Or so the US attorneys interpret the law.