why does the attorney general audit a polling place

by Missouri Paucek IV 3 min read

How are audits conducted in the election?

Oct 29, 2020 · Continuing a longstanding Justice Department tradition, Attorney General William P. Barr today issued the following statement: “Americans have the opportunity once again to help shape the future of this nation by exercising their right to vote. It is a right that forms the foundation of our democratic system of government, and is precious to all Americans. The …

What does the OAG do to protect the integrity of elections?

Mar 09, 2020 · INDIANAPOLIS (AP) — U.S. Attorney Josh Minkler said his office is reviewing all polling places in the Southern District of Indiana to see if they comply with the Americans with Disabilities Act....

What are the provisions for proper conduct at polling places?

Mar 18, 2022 · Texas Election Code, Chapter 61, Subchapter A. This subchapter sets out general provisions for proper conduct at polling places and during elections, including the unlawful presence of candidates, electioneering and loitering, unlawful revealing of information before polls close and use of certain devices. Texas Election Code, Chapter 276.

What is Attorney General Barr’s statement on voting?

Secure elections are the cornerstone of a thriving republic. The legislature made significant improvements in the laws governing state election integrity in 2017 which has contributed to a steady increase in the number of voter fraud referrals. A key priority of the Attorney General is to investigate and prosecute the increasing allegations of voter fraud to ensure election integrity …

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What is the purpose of an election audit?

An election audit is any review conducted after polls close for the purpose of determining whether the votes were counted accurately (a results audit) or whether proper procedures were followed (a process audit), or both.

Can DOJ do anything about voting rights?

§ The Department of Justice has responsibility for enforcing the laws guaranteeing voting rights and prosecuting voting fraud. The Civil Rights and Criminal divisions of the Department of Justice are involved in elections to ensure both ballot access and ballot integrity.

What is vote integrity?

Electoral integrity refers to international standards and global norms governing the appropriate conduct of elections.

Whose job is it to open the votes for president?

The Vice President, as President of the Senate, is the presiding officer. Tellers open, present, and record the votes of the States in alphabetical order.

What amendment is vote?

Fifteenth Amendment to the United States Constitution.

Is voting a civil right?

The Voting Rights Act itself has been called the single most effective piece of civil rights legislation ever passed by Congress.

Is the Voting Rights Act a law?

The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B.

Why do we have elections in India?

The mechanism by which people can choose their representatives at regular intervals and change them whenever they want to is called an election. They can choose who will make laws for them. They can choose who will form the government and take major decisions.

What does the 12th Amendment do?

The Twelfth Amendment (Amendment XII) to the United States Constitution provides the procedure for electing the president and vice president. It replaced the procedure provided in Article II, Section 1, Clause 3, by which the Electoral College originally functioned.

What are three weaknesses of the Electoral College system?

Three criticisms of the College are made:It is “undemocratic;”It permits the election of a candidate who does not win the most votes; and.Its winner-takes-all approach cancels the votes of the losing candidates in each state.Nov 14, 2016

Who makes the final decision for president?

To be elected president, a candidate must receive at least 270 of the 538 electoral votes cast nationwide. If no candidate receives 270 votes, the final decision is made by the U.S. House of Representatives.

What is the National Security Division?

The department's National Security Division supervises the investigation and prosecution of cases affecting or relating to national security, including any cases involving foreign interference in elections or violent extremist threats to elections. In this context: 1 The National Security Division’s Counterintelligence and Export Control Section oversees matters involving a range of malign influence activities that foreign governments may attempt, including computer hacking of election or campaign infrastructure; covert information operations (e.g., to promulgate disinformation through social media); covert efforts to support or denigrate political candidates or organizations; and other covert influence operations that might violate various criminal statutes. 2 The National Security Division’s Counterterrorism Section oversees matters involving international and domestic terrorism and supports law enforcement in preventing any acts of terrorism that impact Americans, including any violent extremism that might threaten election security.

What is the criminal division?

The department’s Criminal Division oversees the enforcement of federal laws that criminalize certain forms of election fraud and vindicate the integrity of the federal election process. The Criminal Division’s Public Integrity Section and the department’s 94 U.S. Attorney’s Offices are responsible for enforcing the federal criminal laws ...

What is the Civil Rights Division?

The department's Civil Rights Division is responsible for ensuring compliance with the civil provisions of federal statutes that protect the right to vote, and with the criminal provisions of federal statutes prohibiting discriminatory interference with that right.

Texas Law

This chapter sets out what a "watcher" is, eligibility requirements, and what their service entails.

Explained in "Plain English"

This guide has been designed to inform all poll watchers of their rights and responsibilities.

What is the importance of secure elections?

Secure elections are the cornerstone of a thriving republic. The legislature made significant improvements in the laws governing state election integrity in 2017 which has contributed to a steady increase in the number of voter fraud referrals. A key priority of the Attorney General is to investigate and prosecute the increasing allegations ...

What is an election clerk?

Election clerks are trained, under current law, not to question whether the voter is qualified for assistance or has requested the "assistant" to help them. Votes are then secured for the candidates of the assistant’s choice.

What does the OAG do?

The OAG responds to the complaints it receives, which are normally vetted by the Secretary of State, and determines whether an offense occurred, and whether , based on the strength of the evidence, the case may be prosecuted successfully .

What is a diversion program?

A prosecution may also be resolved by a diversion program, which is a contractual agreement with a prosecutor, wherein a perpetrator of an election offense typically admits to committing an election offense, receives education regarding the law, and agrees to comply with the law going forward.

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Types of Post-Election Audits

  • States use two main types of post-election tabulation audits: traditional post-election audits and risk-limiting post-eleciton audits. Traditional Post-Election Audits: Most audits look at a fixed percentage of voting districts or voting machines (see table belowfor details) and compare the p…
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Considerations For Legislators

  1. Should audits be required? Are they voluntary or only conducted under certain circumstances?
  2. What type of equipment is used in the state? A paper trail is needed to conduct a post-election audit, and some older systems do not contain this paper trail. Most newer voting systems, however, ha...
  3. How are the audited ballots, precincts, machines or districts selected?
  1. Should audits be required? Are they voluntary or only conducted under certain circumstances?
  2. What type of equipment is used in the state? A paper trail is needed to conduct a post-election audit, and some older systems do not contain this paper trail. Most newer voting systems, however, ha...
  3. How are the audited ballots, precincts, machines or districts selected?
  4. How many races will the audit include?

Other Post-Election Options

  • Some states have other post-election processes that do not fit the definition of a post-election audit used here, though these processes are also valuable for confirming a well-run election. Procedural Audits States may have a process for ensuring that the correct process and procedures were followed during the course of the election. This is referred to as a “procedural a…
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Case Studies

  • Traditional post-election audit: West Virginia In West Virginia, the post-election audit is conducted as part of the canvass. At least 3% of precincts are chosen at random, and voter-verified paper ballots are counted manually to compare the manual count to the automated equipment count. If the manual count differs by more than 1% from the automated equipment count, or if the outco…
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State Requirements Table

  • Additional Resources
    1. Recent legislation on post-election audits can be found on NCSL's Election Legislation Database 2. NCSL's webinar: What is an Election Audit? 3. NCSL's webpage on Risk-Limiting Audits 4. NCSL’s articles in The Canvass: 4.1. The What, Why and How of Election Audits 4.2. Po…
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