Voter Fraud and Election Fraud: Laws and Penalties

During election seasons, the terms "voter fraud" and "election fraud" commonly hit the headlines. Voter fraud generally involves illegal actions taken by an individual voter, such as double voting, voter impersonation, or registering under a false name. Election fraud, on the other hand, encompasses crimes that compromise the election process itself, such as an tampering with ballots or intimidating voters at the polls.

Both crimes threaten the integrity of democratic systems, and both can be prosecuted under state and federal laws—often carrying felony penalties. The distinction typically comes down to who is committing the crime and the scale of the interference.

Voter Fraud vs. Election Fraud: Key Differences

Both voter fraud and election fraud threaten election integrity, and both can be punished under state and federal laws. Here's how they differ.

Who Enforces Election Laws: State or Federal Government?

States run elections. They set procedures, decide voter eligibility rules, and administer polling places, even for federal races. The federal government's role is narrower but significant in protecting constitutional voting rights and election integrity nationwide. When fraud happens, the following determines where it can be prosecuted.

State law governs unlawful conduct that happens within that state's borders.

Federal jurisdiction over a voter or election fraud case generally kicks in when:

• a federal candidate appears on the ballot
• the conduct violates constitutional rights, or
• the crime involves interstate commerce, such as electronic communications or crossing state lines.

In practice, many fraud cases can be prosecuted under both state and federal statutes.

What Is Voter Fraud?

Voter fraud is unlawful voting by an individual. In general, a person commits voter fraud when they intentionally, knowingly, or recklessly:

• vote more than once in the same election
• cast a ballot in the name of an ineligible voter
• register to vote using false or fraudulent information
• vote using a fraudulent ballot, or
• vote despite being ineligible to vote.

These crimes fall under federal and state laws. Federal law also criminalizes conspiring with someone else to encourage false registration or unlawful voting.

(18 U.S.C. §§ 241, 242; 52 U.S.C. §§ 10307, 20511 (2026).)

Common Examples of Voter Fraud

Common examples of voter fraud include:

• double voting
• ballot stuffing
• voter impersonation
• registering or voting in the name of a deceased person
• voting in a district where the person doesn't live, and
• voting as a noncitizen, nonresident, or otherwise disqualified voter.

Can Noncitizens Vote in U.S. Elections?

No. Both state and federal laws make it illegal for noncitizens to vote in U.S. elections. It's also a federal crime for a noncitizen to knowingly claim U.S. citizenship in order to register to vote. The federal penalties range from one to five years in prison, plus fines. A conviction can also make a noncitizen inadmissible or deportable under federal immigration law.

(8 U.S.C. §§ 1182, 1227; 18 U.S.C. §§ 611, 911, 1015 (2026).)

Can Felons Vote?

Only Maine, Vermont, and the District of Columbia allow people with felony convictions to vote without restriction. Most other states restrict voting rights for at least some period following a felony conviction—and knowingly voting while disqualified can trigger voter fraud charges. Most states restore voting rights after release from prison, completion of sentence, or another requirement like a pardon.

Learn more in Can I Vote If I Have a Felony Conviction?

Can You Commit Voter Fraud by Accident?

Not usually. Most voter fraud laws require proof that the person acted with intent or knowledge of wrongdoing. For example, voting while ineligible is typically only a crime if the voter knew they were disqualified. Someone who honestly and mistakenly believed they were eligible to vote doesn't generally meet the criminal definition of voter fraud. Prosecutors would need to prove beyond a reasonable doubt that the voter knew the information was false, knew they weren't eligible, or intended to commit fraud.

However, some state and federal laws apply strict liability to certain voting offenses. In those states, prosecutors only need to prove the prohibited act happened—not that the voter intended to break the law.

Is Voter Fraud a Felony?

Voter fraud is often a felony. The penalties can be steep, with possible prison sentences and hefty fines.

Federal penalties. Most voter fraud offenses are felonies under federal law, punishable one to five years in prison, plus fines. (18 U.S.C. §§ 611, 911, 1015; 52 U.S.C. §§ 10307, 20511 (2026).)

State penalties. Most states also treat voter fraud as a felony (typically one year or more in prison), though penalties often depend on the specific conduct or the person's level of culpability. Take the following examples.

• Kentucky makes knowingly voting more than once a felony, but voting in the wrong precinct a misdemeanor. (Ky. Rev. Stat. § 119.165 (2026).)
• Indiana makes it a felony to knowingly vote while unregistered or unauthorized, but only a misdemeanor if the person voted recklessly rather than knowingly. (Ind. Code §§ 3-14-2-9, 3-14-2-10 (2026).)

Whether someone will spend time behind bars generally depends on the actual sentence handed down, the person’s criminal record, and their level of culpability.

What Is Election Fraud?

Election fraud refers to crimes that affect the integrity of the election process itself. It can be committed by election officials or by outside individuals seeking to influence or disrupt an election.

Election Fraud by Election Officials

Election officials are responsible for running fair, accurate elections—everything from getting candidates on the ballot to counting votes and operating voting equipment. It's unlawful for an official to knowingly or intentionally:

• receive ineligible votes
• reject the votes of qualified voters
• alter or tamper with ballots or election documents
• falsify election returns or misreport vote totals
• destroy or falsify ballots
• tamper with, damage, or destroy ballot boxes or voting equipment, or
• engage in voter suppression or intimidation.

Election Fraud by Individuals

People outside the official election process can also commit election fraud. Most states and federal law criminalize:

• intimidating, threatening, or coercing a voter to influence their vote
• offering a bribe or other compensation to influence a vote
• tampering with someone else's ballot
• creating a counterfeit ballot, or
• interfering with a voter's access to the polling place, physically or through deception.

What Are the Penalties for Election Fraud?

Penalties for election fraud by officials often depend on their level of culpability. Negligent misconduct tends to be charged as a misdemeanor, while corruption or intentional tampering can carry serious felony penalties. Soliciting an official to commit election fraud is also a crime. Federal election fraud offenses generally carry one to five years of potential prison time. (18 U.S.C. § 242; 52 U.S.C. §§ 10307, 10308, 20511 (2026).)

For other types of election fraud, the penalties range from misdemeanors to felonies depending on severity, with felony charges typical where the conduct involves corruption, bribery, or threats of harm. Notably, conspiring with another person to prevent someone from voting through threats, intimidation, or physical force can carry up to 10 years in federal prison. (18 U.S.C. §§ 241, 242; 52 U.S.C. §§ 10307, 10308, 20511 (2026).)

Getting Help

If you've been charged with voter or election fraud, speak with a criminal defense attorney or ask the court to appoint a public defender. It's often best to consult an attorney before speaking with investigators or police.

If you believe your right to vote is being unlawfully restricted, a civil rights attorney or the Election Protection Hotline (866-OUR-VOTE or 866ourvote.org) can help.