Election Fraud Cases

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StateSouth DakotaYear2023NameDaniel SchoonhovenCase TypeCriminal ConvictionFraud TypeDuplicate Voting

Daniel Schoonhoven was charged by the state in Brooking County with one count of attempting to vote twice in the 2022 general election. Schoonhoven voted early at the county government center and signed an affidavit confirming his identity because he did not have an ID. On election day, Schoonhoven went to his polling location and attempted to vote again. After being confronted with the fact he had already voted and even after election officials located his original ballot, Schoonhoven still denied voting and completed a provisional ballot. Schoonhoven was found guilty by a jury of voting more than once in an election and was sentenced to two years in prison, which was suspended for two years of probation, completion of 80 hours of community service, and payment of a fine of $750.

Source: https://herit.ag/475VczZ

StateSouth DakotaYear2015NameJanice HoweCase TypeCriminal ConvictionFraud TypeBallot Petition Fraud

Janice Howe pleaded guilty to a charge of perjury stemming from Howe's 1999 forgery of petition signatures. At the time, Howe indicated she had witnessed voters sign their names to the petition. Though she was formally charged in 2002, she was not arrested until 2015. She received a suspended four-year prison sentence and was given four years of probation.

Source: https://herit.ag/2UUrttt

StateSouth DakotaYear2015NameClayton G. WalkerCase TypeCriminal ConvictionFraud TypeBallot Petition Fraud

Clayton Walker, a former U.S. Senate candidate, pleaded guilty to one count of offering a false or forged instrument for filing and one count of perjury, both of which are Class 6 felonies. Walker submitted 3,374 signatures on a nominating petition to gain placement on the ballot as an Independent; half of those signatures were subsequently determined to be invalid. After pleading guilty, Walker received two concurrent two-year sentences, with both suspended pending good behavior. Walker was also sentenced to 200 hours of community service with two years of probation and was required to receive a mental health evaluation.

Source: https://herit.ag/3l2W2bg, https://herit.ag/3x2t1i4, https://herit.ag/3zLTUst

StateSouth DakotaYear2015NameAnnette BosworthCase TypeCriminal ConvictionFraud TypeBallot Petition Fraud

Annette Bosworth, a doctor in Sioux Falls, challenged former Governor Mike Rounds for one of South Dakota's U.S. Senate seats in the 2014 Republican primary. She lost, but upon review of her petition, officials discovered that six of the petitions she submitted to the Secretary of State's office contained discrepancies. Bosworth was out of the country on a medical-aid mission trip in the Philippines when her campaign manager, Mike Davis, collected the signatures and filed them on her behalf. However, South Dakota law requires candidates to personally witness each signature on the circulating petition. Additionally, when she signed off on each of the six petitions, she verified that she had personally witnessed the signatures. She was originally charged with six counts of felony perjury, but the charges were later reduced and she was found guilty of offering false or forged instruments for filing. Bosworth was sentenced to 500 hours of community service and parole.

Source: https://herit.ag/3i7evBl, https://herit.ag/3iVp3Tu

StateSouth DakotaYear2013NameCraig GuymonCase TypeDiversion ProgramFraud TypeDuplicate Voting

Craig Guymon, of Mitchell, voted twice in a school board election--once in person and once by absentee ballot. He was convicted of voter fraud and sentenced to 30 days' imprisonment. He was later granted a suspension with a one-year probationary period with the chance to clear the felony from his record.

Source: https://herit.ag/3y86stP, https://herit.ag/3rDeJTR, https://herit.ag/378DFZW

StateSouth DakotaYear2005NameRudolph VargasCase TypeCriminal ConvictionFraud TypeDuplicate Voting

Rudolph Vargas pleaded guilty to voting more than once during the 2004 fall election.

Source: https://herit.ag/3BPw2FU

Key & Definitions

Types of Cases

Criminal Conviction

Any case that results in a defendant entering a plea of guilty or no contest, or being found guilty in court of election-related offenses.

Judicial Finding

A finding by a court of law that fraud occurred in an election, including judicial orders overturning election results or ordering a new election due to fraud.

Civil Penalty

Any civil case resulting in fines or other penalties imposed for a violation of election laws.

Official Finding

A finding by a government body that fraud occurred in an election, including orders overturning election results or ordering a new election due to fraud.

Diversion Program

Any criminal case in which a judge directs a defendant into a pre-trial diversion program, or stays or defers adjudication with the understanding that the conviction will be cleared upon completion of the program.

Types of Voter Fraud

Fraudulent Use Of Absentee Ballots

Requesting absentee ballots and voting without the knowledge of the actual voter; or obtaining the absentee ballot from a voter and either filling it in directly and forging the voter’s signature or illegally telling the voter who to vote for.

Ineligible Voting

Illegal registration and voting by individuals who are not U.S. citizens, are convicted felons, or are otherwise not eligible to vote.

Impersonation Fraud At The Polls

Voting in the name of other legitimate voters and voters who have died, moved away, or lost their right to vote because they are felons, but remain registered.

Buying Votes

Paying voters to cast either an in-person or absentee ballot for a particular candidate.

Ballot Petition Fraud

Forging the signatures of registered voters on the ballot petitions that must be filed with election officials in some states for a candidate or issue to be listed on the official ballot

Duplicate Voting

Registering in multiple locations and voting in the same election in more than one jurisdiction or state.

False Registrations

Voting under fraudulent voter registrations that either use a phony name and a real or fake address or claim residence in a particular jurisdiction where the registered voter does not actually live and is not entitled to vote.

Altering The Vote Count

Changing the actual vote count either in a precinct or at the central location where votes are counted.

Illegal "Assistance" At The Polls

Forcing or intimidating voters—particularly the elderly, disabled, illiterate, and those for whom English is a second language—to vote for particular candidates while supposedly providing them with “assistance.”