Married. Patriot. Retired FOIA Officer; I know government records. Constitutionalist. Lover of sports, especially Ohio State Buckeye football. Can be a smartass
U.S. Army Specialist Sarah Beckstrom never came home for Thanksgiving, and she never will. Be grateful for your loved ones. They are worth more than anything on earth.
@Igottafigh64510 He made me cry. Well, that's sports. It isn't just about great athletes. It's about great allegiances and respect. You can see how deep that goes for him.
@Saltyntz Yes, it would be unfortunate. But would the county attorney make an empty threat? It's interesting if she does, because the videos would be part of discovery and evidence, and prove O'Keefe and Higby right. It's delicious.
Since people are talking about James O'Keefe and Cam Higby, I asked Grok about identity theft. I have had my identity stolen, and the perp spent nine years in prison. Grok's summary in reply.
@Saltyntz It's not in the major news outlets yet. O'Keefe and Higby have both posted about it. They went to a polling place in disguise and asked about voting without ID, among other things. It was undercover reporting. People are saying they can't be charged. But I think they can be.
James Edward OโKeefe, 42, and Cam Higby, 26, both face felony charges of unlawful voting and identity theft.
Polling places are the heart of our democracy. Any attempt to disrupt or deceive our election workers will not be tolerated.
Watch: https://t.co/LH1Q5m224J
Is it identity theft to present yourself as another person with the intent to vote, even if you don't vote?
It can be, and it is almost always a crime either way.
Identity theft angle: Under federal law (18 U.S.C. ยง 1028), identity theft generally requires knowingly using a โmeans of identificationโ of a real person (a name alone can count when used to identify a specific individual, especially combined with other details like date of birth or address)
* Without lawful authority
*With the intent to commit or help commit a crime
Presenting yourself at a polling place (or on a ballot request/registration form) as a specific real voter, with the intent to vote in their name, meets those elements in many cases. Prosecutors have charged identity theft (including aggravated identity theft) in cases involving the use of another personโs identity to register or vote, particularly when SSN, driverโs license, or other documents were involved.โ
Simply saying a name in casual conversation is not identity theft. Using it specifically to attempt to cast a ballot is different because the intent is criminal. Even if you donโt actually vote, many election laws criminalize the attempt as well as the completed act. For example, some state statutes explicitly ban โfalsely impersonating another personโ or โattempting to vote under the name of another person.โ
Federal and state election fraud statutes often cover offering to vote, attempting to vote, or providing false information with the intent to vote illegally.
You do not need to succeed in casting a ballot for the conduct to be illegal. The intent and the presentation of yourself as another specific person is usually enough.
This is typically prosecuted as voter impersonation or election fraud (sometimes alongside identity theft charges). Those offenses are real and can carry felony penalties, but documented cases of in-person voter impersonation are extremely rare.
Presenting yourself as a specific real person with the intent to vote in their name is illegal under election laws in virtually every U.S. jurisdiction, and it can also qualify as identity theft depending on the exact facts and how the prosecutor charges it. Not actually completing the vote does not necessarily protect you from prosecution.