under what circumstances (for example, whether they
were paid, intimidated, or not consulted).
• Compare handwriting exemplars of subjects.
Handwriting exemplars of persons suspected of forging
absentee ballot documents should be obtained and
compared with the handwriting on those questioned
documents.
• Develop multiple witnesses.
Voters involved in fraudulent voting transactions are
usually poorly educated, often intimidated by defendants
and courtrooms, and generally may not make strong
witnesses. 41 Successful prosecution of this type of case
normally requires the testimony of several voter-witnesses
against each defendant.
(b) Ballot-box stuffing cases
These cases involve the insertion into ballot boxes of invalid,
fraudulent, or otherwise illegal ballots. All ballot-box stuffing
schemes necessarily involve poll officials, since access to voting
documents is essential to this type of fraud and is controlled by state
law. Ballot-box stuffing investigations seek to identify fraudulent
voting transactions and to link specific poll officials to them. The
general investigative methodology is to:
• Subpoena election documents.
Obtain and examine the poll lists or other documentation
that voters sign when entering the polls; the registration
cards for voters residing in the target precinct, any paper
or punch card ballots, and any tally sheets prepared by the
poll officials reporting the election results.
41
These very factors, on the other hand, demonstrate to the jury the
susceptibility of these persons to manipulation, which is often important evidence
in the case.
95
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