Trending
Identified cases of voter fraud are rare in North Dakota, but weaknesses in the election system and lack of prosecution does leave room for getting away with it, according to information from the North Dakota Secretary of State's Office.
"While some individuals argue that there is no evidence of widespread voter fraud, there are others who argue the exact opposite. Regardless, the truth is that under the current forms of election administration, it is not possible to establish whether widespread voter fraud does or does not exist because it is difficult to determine either way when proof is not required of voters when registering or prior to voting," Secretary of State Al Jaeger wrote to the Presidential Advisory Commission on Election Integrity.
When cases are suspected, he wrote, "This office has often been informed the State's Attorneys have cases of 'greater consequence' on which to focus. Unfortunately, there can be no convictions when there is no will to prosecute."
Jaeger's comments came in response to a series of questions submitted by the Advisory Commission on Election Integrity. Created by President Donald Trump, the commission made a controversial request to states for voter information, which many states have refused to provide. Jaeger sent a letter to the commission Sept. 5, stating North Dakota is unable to provide the information because it does not register voters and state law allows information in the Central Voter File to only be shared with certain individuals or groups and for a specific limited purpose. However, Jaeger provided information about election practices that spoke of the difficulty in preventing fraud.
In 2013, North Dakota began requiring voters to show a driver's license or other non-driver's ID at the polls. Jaeger said the decision was prompted by nine suspected instances of double voting in the 2012 general election, which none of the state's attorneys in those counties chose to prosecute. In 2016, a federal judge granted a preliminary injunction, stating North Dakota's law lacked a "fail safe" option for those without an ID. As a result, the state went back to using a voter's affidavit, which allows people to cast ballots after signing oaths of their qualifications to vote.
In the 2012 general election, 10,519 North Dakota voters used the affidavit. In the 2016 general election, 16,232 ballots were cast by voters who signed affidavits. These votes are counted prior to attempts to verify the qualifications of the voters, which Jaeger explained could be problematic in close races. In 2012, the U.S. Senate race was decided by 2,936 votes. Because ballots are anonymous, it is not possible to identify and recall a ballot if a voter is found to be ineligible.
More than eight months after certification of the 2016 general election results, efforts are still ongoing to confirm the qualifications of the 16,232 voters who signed affidavits, Jaeger said in the letter.
"Although no contests of elections were filed in court, the inability to verify the qualifications of voters before the votes were counted raises questions that cannot be answered regarding the election results," he said.
States share voter data to track potential double voting but that also isn't a prevention tool.
"If double voting occurred, the proper authorities will be notified and hopefully prosecutions will be sought. However, even if prosecutions occur, the results will stand since the votes from those who were unqualified cannot be determined for removal," Jaeger wrote.
Following the 2016 election, the state investigated the qualifications of seven voters suspected to be non-citizens. Six were determined to be naturalized citizens. The seventh did not exist in any immigration database. The Secretary of State's Office is unaware whether federal law enforcement plans to pursue the issue.
During the 2014 and 2016 primary elections, only one suspected case of voter fraud was identified. It was determined that a father cast an absentee ballot for his daughter in another city attending college, where she voted in person. The Secretary of State's Office is unaware of any prosecution associated with the case.
"Even a single fraudulent vote can impact the results of the election, " Jaeger wrote. "This is especially true when considering how many contests are decided by small differences in votes between those who were elected and those who were not. The integrity of elections is improved when the qualifications of electors is verified prior to voting."
Jaeger recommended the use of the REAL ID, which all states will soon be issuing, as voter identification. For voters without a driver's license, a non-driver's REAL ID could be issued without charge, he said. Congress approved the REAL ID Act in 2005 to set security standards for driver's licenses and identification cards.