this post was submitted on 31 Oct 2024
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A man who attempted to vote twice in Virginia’s 2023 election was acquitted of attempted illegal voting on Monday, following his claims in court that he had been testing the system for voter fraud.

A Nelson County jury found 67-year-old Richardson Carter Bell Jr. not guilty of attempting to vote more than once in the same election. According to the Washington Post, Bell, a staunch supporter of former President Donald Trump, admitted voting early at his local registrar’s office only to also show up at a nearby polling place on Election Day.

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Oh, agreed. Should have a way to punish someone for trying (e.g. attempted murder charges because the police stopped the murder and saved the intended victim). But even then, one still has to be able to prove it, and the level of proof - beyond a reasonable doubt - is as high as it is for good reason.

Now, if the accused had encountered police detectives at that polling station instead of real election workers, I imagine it would have gone like this:

(Police detective posing as a poll worker prepares an otherwise blank but non-obviously spoiled ballot.)

"Ok sir, here's your ballot."

Choice A: "Thanks, here's the ballot, yay I just voted." "Sir, you're under arrest."

Choice B: "Um... actually I already voted." "Yes we know sir, I see it right here, but we were just testing you." "No, hey, wait, I was trying to test you." "..."

It's not a reasonable expectation to ask actual election workers - poll working volunteers - to do anything like the above, though.