Must Read Michael Wines NYT: “In Voter Fraud, Penalties Often Depend on Who’s Voting”

Michael Wines for the NYT:

After 15 years of scrapes with the police, the last thing that 33-year-old Therris L. Conney needed was another run-in with the law. He got one anyway two years ago, after election officials held a presentation on voting rights for inmates of the county jail in Gainesville, Fla.

Apparently satisfied that he could vote, Mr. Conney registered after the session, and cast a ballot in 2020. In May, he was arrested for breaking a state law banning voting by people serving felony sentences — and he was sentenced to almost another full year in jail.

That show-no-mercy approach to voter fraud is what Gov. Ron DeSantis, a Republican, has encouraged this year during his re-election campaign. “That was against the law,” he said last month about charges against 20 other felons who voted in Florida, “and they’re going to pay a price for it.”

But many of those cases seem to already be falling apart, because, like Mr. Conney, the former felons did not intend to vote illegally. And the more typical kind of voter-fraud case in Florida has long exacted punishment at a steep discount.

Last winter, four residents of the Republican-leaning retirement community The Villages were arrested for voting twice — once in Florida, and again in other states where they had also lived.

Despite being charged with third-degree felonies, the same as Mr. Conney, two of the Villages residents who pleaded guilty escaped having a criminal record entirely by taking a 24-hour civics class. Trials are pending for the other two.

Florida is an exaggerated version of America as a whole. A review by The New York Times of some 400 voting-fraud charges filed nationwide since 2017 underscores what critics of fraud crackdowns have long said: Actual prosecutions are blue-moon events, and often netted people who didn’t realize they were breaking the law.

Punishment can be wildly inconsistent: Most violations draw wrist-slaps, while a few high-profile prosecutions produce draconian sentences. Penalties often fall heaviest on those least able to mount a defense. Those who are poor and Black are more likely to be sent to jail than comfortable retirees facing similar charges.

The high-decibel political rhetoric behind fraud prosecutions drowns out how infrequent — and sometimes how unfair — those prosecutions are, said Richard L. Hasen, an expert on election law and democracy issues at the U.C.L.A. School of Law.

“It’s hard to see felons in Gainesville getting jail terms, and then look at people in The Villages getting no time at all, and see this as a rational system,” he said.

The Times searched newspapers in all 50 states, internet accounts of fraud and online databases of cases, including one maintained by the conservative Heritage Foundation, to compile a list of prosecutions in the last five years. But there is no comprehensive list of voter fraud cases, and The Times’ list is undoubtedly incomplete.

The number of individuals charged — roughly one and one-half per state per year — is infinitesimal in a country where more than 159.7 million votes were cast in the 2020 general election alone.

For all the fevered rhetoric about crackdowns on illegal voting, what’s most striking about voter fraud prosecutions is how modest the penalties for convictions tend to be.

Most fraud cases fall into one of four categories: falsely filling out absentee ballots, usually to vote in the name of a relative; voting twice, usually in two states; votes cast illegally by felons; or votes cast by noncitizens.

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