The Unconstitutional Overcriminalization of “Voter Fraud” By Formerly Incarcerated Felons

Authors

Garfield McIntyre Jr., University of Georgia School of Law

Document Type

Notes

Abstract

Felon voting rights are under attack in the United States. State Attorneys’ General are using overbroad “voter fraud” statutes to prosecute formerly incarcerated persons voting or attempting to vote—even when done mistakenly. Worse, their public-facing rationale, voter fraud, has been repeatedly discredited. Some combination of Congress, the courts, and the people must act to prevent any such future prosecutions from occurring, particularly where it is shown that there was no intent to violate the law. Some have argued for more localized solutions like lobbying state legislators to change the law. But those efforts have, except in rare circumstances, failed.

Clearly, this issue requires remedies from within the judiciary, or within the federal Congress. The first step is to examine the options those branches provide, and the advantages and disadvantages inherent within them. As such, this Note briefly explores two national legislative solutions and one State-level judicial solution.

Recommended Citation

McIntyre, Garfield Jr. (2025) "The Unconstitutional Overcriminalization of “Voter Fraud” By Formerly Incarcerated Felons," Georgia Criminal Law Review: Vol. 3: No. 2, Article 6.
Available at: https://digitalcommons.law.uga.edu/gclr/vol3/iss2/6