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As much as no one wants to hear it, this is probably the right decision by the jury.
He didn't actually vote twice. He never received a second ballot. The poll workers saw he voted previously and didn't give him another ballot. I'm not sure about this state in particular, but the law is likely written explicitly about submitting multiple ballots, and that didn't happen here.
His claim about just testing the system is probably a lie, but he claims that if he was given a second ballot that he wouldn't have filled it out. We have no way of proving whether or not he would have, it didn't happen. Our judicial system is based on what we can prove, and we can't prove things that didn't happen.
The lack of an actual illegal ballot being submitted, and his claim that if the poll workers messed up and he was given another one that he wouldn't have actually submitted it, was deemed credible enough by the jury. He didn't actually submit an illegal ballot.
Most other voter fraud cases involve multiple ballots, submitting ballots without voter registration, etc. and not a case where an illegal ballot was never actually submitted.
I completely disagree.
An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur. Attempt to commit a particular crime is a crime, usually considered to be of the same or lesser gravity as the particular crime attempted.
You cannot audit law enforcement by attempting to commit crimes and use that as an excuse to get away with it. While, yes, receiving a second ballot is not in itself a crime, doing it intentionally is clearly an action that serves no legitimate purpose and only serves to allow them to commit the crime of voting multiple times. He inarguably took substantial steps to commit a crime. And he had the intent to do what he did (i.e. he didn't forget or get confused or was misled. He knew what he was doing and did it anyway). Therefore, this was pretty clearly attempted voter fraud.
If you still disagree because he only tried to collect a ballot, but hadnt yet attempted to cast it, let me give you a comparable situation that may make the crime a bit more visceral feeling. Your landlord gets caught installing a hidden camera in your bathroom. Technically, all he had done at that point was responded to your notice of a broken outlet, entered your apartment with the necessary notice, removed your broken bathroom outlet, and had a hidden camera outlet device on hand and no other replacement outlet. Technically none of the individual acts were illegal and you caught him with the device before it was installed. He claims that he was never going to turn it on, he was just testing you to see if you were being vigilant against such dangers and checking for hidden cameras in your home. So did he attempt to commit a crime? If your answer to this is yes, but not to the ballot thing, please explain the fundamental difference legally for me?
They probably didn't have you as a prosecutor there, unfortunately.
I'm a public defender. Was about to talk about how even though I'm as leftist as they come and find this guy reprehensible, that I'd have had no problems arguing what he argued in court.... But I missed that it was charged as "attempted." That's an excellent point. I agree that he almost certainly attempted to commit voter fraud.
That said, I can still see how the jury could find a not guilty though, even if, were I on it, I would have said guilty. Attempted crimes still have a mens rea (usually, and I'll note here that I'm not barred in PA so this is all a best guess, consult a local attorney to know anything for sure). So the state would still have to prove his intent beyond a reasonable doubt.
I'm guessing the jury said they couldn't prove the intent beyond a reasonable doubt. Your argument convinced me, but, I can see how a jury might go the other way, for sure. Especially since juries are always unpredictable. I've won cases I should've lost and lost cases I should've won, you just never know what's gonna happen in the jury room.
Subpoena his Facebook messages and I bet you'd find him messaging friends how he was going to vote twice and they should too.
That would have been enough.
Not sure how you'd win access to them in the first place, but they've been used before.