After tightly contested elections in the last two presidential races, just the whisper of voter fraud raises tempers and raises thoughts of a conspiracy to steal power and thwart the will of the people. The current voter fraud prosecutions in Racine County don't look like that, however.
One man told investigators that he thought voting prohibitions for felons applied only to people confined in jail or prison. Another said he believed voting was allowed provided he didn't vote for candidates but only on issues, such as the referendum about removal of non-native mute swans in western Racine County.
Taking their statements at face value, this is hardly a conspiracy. The four people charged this week appear to be four people who were unclear about what the law says, and who went to the polls in good faith.
It is true, as one comment on our Web site put it, that the law is very clear. It says that anyone convicted of treason, a felony, or bribery is prohibited from voting, but once a term of incarceration or probation has been completed, that person's right to vote is restored along with other civil rights. Three of the four charged were on probation, and another was serving a sentence. If convicted of voting illegally they face maximum penalties of $10,000 in fines and three and a half years in prison.
Yet clarity in the law does not equate to throwing the book at people whose understanding is fuzzy and whose presumed guilt does not rise to the level of, for example, political operatives who see to it that certain opposition votes are not counted.
Any competent citizen understands that shooting someone is illegal, or that theft is illegal, but how many ordinary citizens can claim familiarity with every nuance of every law? Never mind the people who pay close attention to the news. What about the people - and you know they're out there - who are barely connected to civic life and depend on half-informed friends to stay abreast of topics?
It is to be hoped that if these men are eventually convicted, the courts will exercise leniency. These people were not perpetrating great evil any more than a poll worker who steps slightly over the line in advising a voter or the political worker handing out literature 92 feet from a polling place instead of 101 feet. We should save the heavy sentences for the organizers of fraud, not for people who wander past the bounds of legality.
Posted in Editorial on Monday, September 17, 2007 12:00 am Updated: 9:02 pm.
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