U.S. Attorney Halsey Frank Informs Maine Voters About Potential Election Crimes Ahead of November 2020 Election

PORTLAND, Maine: Fair elections are the foundation of our democracy in the United States, and the U.S. Attorney’s Office for the District of Maine is committed to protecting the rights of all Americans to vote. The U.S. Attorney’s Office is issuing this press release to inform voters about federal election crimes and how to avoid them, and to encourage voters to report suspected violations.

“Voting is one of the foundational rights and responsibilities of all Americans,” said U.S. Attorney Halsey Frank. “Elections must remain free and fair to ensure voters' voices are truly heard. As Mainers get ready to vote, they should remain vigilant and report any suspected criminal scheme targeting voters to the FBI immediately.”

Election Crimes

Election crimes threaten the legitimacy of elections and undermine public confidence in our democracy. Election crimes fall into four broad categories:

• Ballot fraud
• Civil rights violations, such as voter suppression or voter intimidation
• Campaign finance violations
• Patronage offenses

While individual states and localities have the constitutional authority and responsibility to manage elections and have their own election laws, an election crime becomes a federal crime when one or more of the following occurs:

• A ballot includes one or more federal candidates
• Election or polling place officials abuse their office
• The conduct involves false voter registration
• The crime is motivated by hostility toward minority protected classes
• The activity violates federal campaign finance law

Examples of federal election crimes include, but are not limited to:

• Giving false information when registering to vote
• Voting more than once
• Changing ballot markings or otherwise tampering with ballots
• Compensating voters
• Threatening voters with physical or financial harm
• Intentionally lying about the time, manner or place of an election to prevent qualified voters from voting
• Political fundraising by federal employees
• Campaign contributions above legal limits
• Conduit contributions
• Contributions from foreign or other prohibited sources
• Use of campaign funds for personal or unauthorized purposes

Distinguishing between legal and criminal conduct is critical for ensuring the integrity of U.S. elections. The following activities are not federal election crimes:

• Giving voters rides to the polls or time off to vote
• Offering voters a stamp to mail a ballot
• Making false claims about oneself or another candidate
• Forging or faking nominating petitions
• Campaigning too close to polling places

The Department of Justice, through the U.S. Attorney’s Office and the FBI, plays an important role in preventing violations of Mainers’ constitutional rights, including their right to vote. Report any instances of potential election crimes to your local FBI field office as soon as possible.

Voter Suppression

Intentionally deceiving qualified voters to prevent them from voting is voter suppression—and it is a federal crime.

Do you know when, where, and how you will vote? If not, there are many reputable places you can find this information, including eac.gov, usa.gov/how-to-vote and https://www.maine.gov/sos/cec/elec/voter-info/index.html. However, not all publicly available voting information is accurate, and some is deliberately designed to deceive you to suppress turnout.

Bad actors use various methods to spread disinformation about voting, such as social media platforms, texting, or peer-to-peer messaging applications on smartphones. These bad actors may provide misleading information about the time, manner or place of voting. This can include inaccurate election dates or false claims about voting qualifications or methods, such as false information suggesting that one may vote by text, which is not allowed in any jurisdiction.

Always consider the source of voting information. Ask yourself, “Can I trust this information?” Look for official notices from election offices and verify the information you found is accurate.

Help defend the right to vote by reporting any suspected instances of voter suppression— especially those received through a private communication channel like texting—to your local FBI field office.

Recommendations for Protecting Your Vote

• Know when, where, and how you will vote.
• Seek out election information from trustworthy sources, verify who produced the content, and consider their intent.
• Report potential election crimes—such as disinformation about the manner, time or place of voting—to the FBI.
• If appropriate, make use of in-platform tools offered by social media companies for reporting suspicious posts that appear to be spreading false or inconsistent information about voting and elections.
• Research individuals and entities to whom you are making political donations. If something seems suspicious, reconsider the donation.

Scam PACs

Making political contributions can be a powerful way to exercise your First Amendment rights. But some individuals and groups soliciting contributions are bad actors trying to enrich themselves at your expense.

The billions of dollars in political spending each election cycle attracts criminals who use deception to cheat Americans out of their hard-earned money. The FBI assesses that seniors are at a high risk of being targeted.

Scam PACs are fraudulent political action committees designed to reroute political contributions for personal financial gain. This is a federal crime. Signs that a PAC is a scam include the PAC and its website disappearing, and the phone number going out of service.

If you or someone you know has been targeted by a scam PAC, contact your local FBI field office and ask to speak to an election crimes coordinator.

Victim Reporting and Additional Information

Mainers should report information concerning suspicious or criminal activity to their local FBI field office. The telephone number for the FBI’s Boston field office, which covers Maine and several other states, is (857) 386-2000. For additional election-related assistance and resources, please visit the following FBI webpages:

• Election Crimes and Security
• Protected Voices