08-14-2016, 03:54 PM
Universal Citation: HI Rev Stat § 19-3.5 (2013)
§19-3.5 Voter fraud. The following persons shall be guilty of a class C felony:
(1) Any person who knowingly registers another person to vote when that person is not entitled to register to vote;
(2) Any person who knowingly votes when the person is not entitled to vote;
(3) Any person who knowingly takes an oath in this title prescribed or authorized by law and wilfully makes any false statement of fact while under oath therein; or
(4) Any person who wilfully makes a false answer to any question asked of the person while under oath in this title prescribed or authorized by law. [L 1990, c 115, §2]
Lets see....... I have a house in District 5 and I work in District 4. I spend more time at work than at home. I prepare meals at work. I eat, brush my teeth, cleanse myself, and doo-doo at work. To coin a phrase; I live at work. I feel I could register to vote in district 4 where I work and spend most of my life. I only get one vote. Where is the fraud? Who is the victim? My domicile is somewhat subjective. Notice the statute has words like "knowingly" and "willfully". Difficult to prove for all but Jedi mind controllers.
Now, if I tried to register in both districts and get multiple votes I'd be guilty of defrauding the County. If I registered as someone else; guilty....... But I guarantee you that Tiffany will eventually have all charges dropped, because like her or not, she has defrauded no one...... She was registered at a single address, and was entitled to a single vote. None of that is in question. The prosecutor has to prove "intent" to defraud and that just ain't gonna happen.
When the general election is over and Mitch isn't so worried about stirring up the centipede nest of haters, He will find it prudent to not spend anymore time or money prosecuting someone else's vendetta. No harm, no foul Baby!
§19-3.5 Voter fraud. The following persons shall be guilty of a class C felony:
(1) Any person who knowingly registers another person to vote when that person is not entitled to register to vote;
(2) Any person who knowingly votes when the person is not entitled to vote;
(3) Any person who knowingly takes an oath in this title prescribed or authorized by law and wilfully makes any false statement of fact while under oath therein; or
(4) Any person who wilfully makes a false answer to any question asked of the person while under oath in this title prescribed or authorized by law. [L 1990, c 115, §2]
Lets see....... I have a house in District 5 and I work in District 4. I spend more time at work than at home. I prepare meals at work. I eat, brush my teeth, cleanse myself, and doo-doo at work. To coin a phrase; I live at work. I feel I could register to vote in district 4 where I work and spend most of my life. I only get one vote. Where is the fraud? Who is the victim? My domicile is somewhat subjective. Notice the statute has words like "knowingly" and "willfully". Difficult to prove for all but Jedi mind controllers.
Now, if I tried to register in both districts and get multiple votes I'd be guilty of defrauding the County. If I registered as someone else; guilty....... But I guarantee you that Tiffany will eventually have all charges dropped, because like her or not, she has defrauded no one...... She was registered at a single address, and was entitled to a single vote. None of that is in question. The prosecutor has to prove "intent" to defraud and that just ain't gonna happen.
When the general election is over and Mitch isn't so worried about stirring up the centipede nest of haters, He will find it prudent to not spend anymore time or money prosecuting someone else's vendetta. No harm, no foul Baby!