Government Agencies are illegally soliciting non-citizens to vote and potentially entrapping them. Government workers who perform these acts are committing felonies.
Joe Hoft previously reported on how Illegals are being registered to vote in Florida. This is likely the case in many other states.
The path non-citizens who cross our border illegally take to get on voter rolls in Florida is as follows. There are some loopholes and practices that allow this to happen:
- Cross the US border illegally
- Get arrested and get immigration court or asylum application paperwork
- Use immigration court or asylum application paperwork to get a Florida driver’s license, state ID (per s 322.08), or a social security number
- Sign up for Florida food or medical assistance using the same immigration court or asylum paperwork.
- An illegal will then receive a solicitation to register to vote in the mail from the government because they signed up for assistance. Just fill out and mail in the voter registration application provided with the solicitation letter (per interpretation of s 97.058). A solicitation letter from The Department of Children and Family Services to a person that appears to be a non-citizen based on a public records search is attached. The Spanish version is what was mailed.
- Register to vote using your driver license or social security number. If you have neither, just check the box for no ID. No one checks to see if you are a citizen. They just check to see you checked the box on the application saying you are a citizen (per interpretation of s 98.045).
- Vote. If you get caught plead plausible deniability or entrapment because you were solicited by the government to register to vote.
Here is the solicitation letter from Florida noted above:
Translation:
“You have received this voter registration application because you answered “yes” to the voter preference question that was listed on the ACCESS Florida application or Medical Assistance application that asked if you wanted to register to vote, change your address for voting purposes or update your voting records.
Complete the Voter Registration application and submit it to your local county supervisor of elections office (see the addresses provided on the application to find your local county supervisor of elections) or to your local department of children and families office (DCF, for its acronym in English). If you would like assistance completing the voter registration application, please contact your local county Supervisor of Elections office or your local DC office.
Acceptance or rejection of the voter registration application, or assistance in completing the voter registration application, will not affect your eligibility for or the amount of public assistance benefits you may receive. If you believe that someone has unlawfully interfered with or prevented you from exercising your right to register to vote; to refuse to register to vote, to choose a political party, or if you believe that your right to privacy in choosing whether to register to vote or not has been violated, you may file a complaint with the Secretary of State, Florida Department of State, R. A. Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250 or by calling 1-877-868-3737.”
In the above situation, which we believe is happening across the country, government officials are committing crimes. Here is what we know. (See the related regulations referred to at the end of this article.)
1) If Florida public assistance agencies are soliciting non-citizens to register to vote (as discussed in the above article BREAKING EXCLUSIVE: How Illegals Are Registered to Vote in Florida | Joe Hoft ), they are knowingly soliciting non-citizens to violate both state and federal laws. The DCFS voter registration solicitation letter does not even inform the recipient that it is against state and federal law to register to vote if you are not a U.S. citizen, so why would a recipient of the letter believe otherwise (s 104.011, s 104.041; 18 U.S. Code § 611)?
2) Soliciting non-citizens to register to vote exposes public assistance officials to becoming felons because they are enabling ineligible voter registrations and voting (s 104.91).
3) Soliciting non-citizens to register to vote exposes election officials to becoming felons because current interpretation of s 98.045 is that verifying the citizenship box is checked on applications is sufficient, thus by not verifying citizenship using available DMV data they are enabling ineligible voter registrations and voting (s 104.91)
4) It is likely that multiple government agencies have or are soliciting non-citizens to register to vote, leading non-citizens to believe they are eligible to vote and then unknowingly become felons by unintentionally lying on the voter registration application. Under Florida statutes the following agencies may be conducting voter registrations to non-citizens: public libraries, centers for independent living, offices that serve persons with disabilities, food assistance program, Medicaid program, Special Supplemental Food Program for Women, Infants, and Children, the Temporary Cash Assistance Program, and secondary and post-secondary education institutions.
5) Non-citizens who violate Florida election laws may be able to avoid prosecution by claiming entrapment or that they did not know they are breaking the law (s 777.201, s 104.15)
6) If it is shown that enough non-citizens voted to change the outcome of an election, that election could be challenged based on (s 102.168)
7) It is inconsistent interpretation of state and federal law that the FHSMV (DMV) does not offer voter registration to non-citizens while public service agencies do. Both organizations know based on documentation provided by an applicant if they are a non-citizen.
Related Regulations
The Florida Constitution Article VI, Section 2.
Only a citizen of the United States who is at least eighteen years of age and who is a permanent resident of the state, if registered as provided by law, shall be an elector of the county where registered.
97.041 Qualifications to register or vote.
(1)(a) A person may become a registered voter only if that person:
1. Is at least 18 years of age;2. Is a citizen of the United States;3. Is a legal resident of the State of Florida;4. Is a legal resident of the county in which that person seeks to be registered; and5. Registers pursuant to the Florida Election Code.
A person registering to vote must subscribe to the following oath: “I do solemnly swear (or affirm) that I will protect and defend the Constitution of the United States and the Constitution of the State of Florida, that I am qualified to register as an elector under the Constitution and laws of the State of Florida, and that all information provided in this application is true.”
104.011 False swearing; submission of false voter registration information; prosecution prohibited.
(1) A person who willfully swears or affirms falsely to any oath or affirmation, or willfully procures another person to swear or affirm falsely to an oath or affirmation, in connection with or arising out of voting or elections commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
104.15 Unqualified electors willfully voting.
Whoever, knowing he or she is not a qualified elector, willfully votes at any election is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
98.045 Administration of voter registration.
(1) ELIGIBILITY OF APPLICANT.—The supervisor must ensure that any eligible applicant for voter registration is registered to vote and that each application for voter registration is processed in accordance with law. The supervisor shall determine whether a voter registration applicant is ineligible based on any of the following:
(a) The failure to complete a voter registration application as specified in s. 97.053.(b) The applicant is deceased.(c) The applicant has been convicted of a felony for which his or her voting rights have not been restored.(d) The applicant has been adjudicated mentally incapacitated with respect to the right to vote and such right has not been restored.(e) The applicant does not meet the age requirement pursuant to s. 97.041.(f) The applicant is not a United States citizen.(g) The applicant is a fictitious person.(h) The applicant has provided an address of legal residence that is not his or her legal residence.(i) The applicant has provided a driver license number, Florida identification card number, or the last four digits of a social security number that is not verifiable by the department.
104.041 Fraud in connection with casting vote.
Any person perpetrating or attempting to perpetrate or aid in the perpetration of any fraud in connection with any vote cast, to be cast, or attempted to be cast, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
104.091 Aiding, abetting, advising, or conspiring in violation of the code.
(1) Any person who knowingly aids, abets, or advises the violation of this code shall be punished in like manner as the principal offender.
(1) A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.
(2) A person prosecuted for a crime shall be acquitted if the person proves by a preponderance of the evidence that his or her criminal conduct occurred as a result of an entrapment. The issue of entrapment shall be tried by the trier of fact.
FEDERAL LAW
18 U.S. Code § 611 – Voting by aliens
(a)It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, unless—
(1) the election is held partly for some other purpose;
(2) aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; and
(3) voting for such other purpose is conducted independently of voting for a candidate for such Federal offices, in such a manner that an alien has the opportunity to vote for such other purpose, but not an opportunity to vote for a candidate for any one or more of such Federal offices.
(b)Any person who violates this section shall be fined under this title, imprisoned not more than one year, or both.
SECTION 7 – VOTER REGISTRATION AGENCIES
Under Section 7 of the NVRA, which offices must offer voter-registration services?
Any office in a covered State that provides either public assistance or state-funded programs primarily engaged in providing services to persons with disabilities must offer voter-registration services. Armed Forces recruitment offices must also provide voter registration services. In addition, a State must designate other offices in the State as voter-registration agencies. (See Question 15 below for a description of these other offices).
What is an office that provides public assistance under Section 7?
“Public assistance” offices that must offer voter-registration services under Section 7 of the NVRA include each agency and office in a State that administers or provides services or assistance under any public assistance programs. This includes any of the following federal public assistance programs: the Supplemental Nutrition Assistance Program (SNAP, formerly the Food-Stamp Program), the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the Temporary Assistance for Needy Families (TANF) program (formerly the Aid to Families with Dependent Children or AFDC program), the Medicaid program, and the State Children’s Health Insurance Program (SCHIP). This also includes state public assistance programs.
Other agencies that are required to offer voter registration are described here: Civil Rights Division | The National Voter Registration Act Of 1993 (NVRA) (justice.gov)
Entrapment is a complete defense to a criminal charge, on the theory that “Government agents may not originate a criminal design, implant in an innocent person’s mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute.” Jacobson v. United States, 503 U.S. 540, 548 (1992). A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant’s lack of predisposition to engage in the criminal conduct. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.