Opinion

Use RICO to Stop Election Fraud

President Trump should direct Acting Attorney General Matthew Whitaker to use the Racketeer Influenced and Corrupt Organizations Act (RICO) to stop election fraud in Florida and elsewhere. It is highly probable that a disciplined investigation will find a pattern of using electronic communications such as telephone calls, texts, and chats to conspire to commit election fraud. That opens up the conspirators to charges of wire fraud.

Using RICO statutes will allow imposition of stiff prison sentences for those convicted, and seizure of assets from the enterprises that have organized the fraud. Those enterprises may include state, local, or national political parties; Super PACs, 501(c)(3) and 501(c)(4) organizations; or other independent organizations that may have engaged in criminal activity to advance their political goals.

Florida Recount Redux

We are watching a repeat of the 2000 Florida Recount right now, in Florida and Arizona. Stacey Abrams is trying to push it in Georgia, and it’s possible that Jon Tester succeeded in Montana already, on Election Day. Here is a quick outline of how to conduct election fraud.


The Democrats are trying to steal all three elections. They have done it repeatedly since their near-success in Bush v. Gore, and will continue to do it as long as they suffer no consequences. But they have (again) overreached this time.

The way to stop the current attempt is to prosecute and imprison the perpetrators of the fraud. That also will deter future attempts. But only prison time or asset forfeiture will be sufficient to provide deterrence. This article reviews what is happening in Florida. Georgia, Arizona and Montana must be left for another article.

Holding Back the Vote Counts

Florida Governor Rick Scott issued a statement describing the setup of the fraud.

“Late Tuesday night, our win was projected to be around 57,000 votes. By Wednesday morning, that lead dropped to 38,000. By Wednesday evening, it was around 30,000. This morning, it was around 21,000. Now, it is 15,000.

“On election night, Broward County said there were 634,000 votes cast.  At 1:00 a.m. today, there were 695,700 ballots cast on Election Day. At 2:30 pm today, the number was up to 707,223 ballots cast on Election Day. And we just learned that the number has increased to 712,840 ballots cast on Election Day.

“In Palm Beach County, there are 15,000 new votes found since election night. So – it has been over 48 hours since the polls closed and Broward and Palm Beach Counties are still finding and counting ballots – and the Supervisors – Brenda Snipes and Susan Bucher  – cannot seem to say how many ballots still exist or where these ballots came from, or where they have been.”

Brenda Snipes – A Long History of Election Law Violations

Governor Scott continued, “Broward County Supervisor of Elections Brenda Snipes has a history of acting in bad faith. As you will recall, a judge ruled just this year that the office violated both state and federal laws by illegally destroying ballots in 2016. In 2016, Brenda Snipes’ office posted election results half an hour before polls closed – a violation of election law. That same year, her office was sued for leaving amendments off of ballots. In 2014, Brenda Snipes’ fellow Democrats accused her of individual and systemic breakdowns that made it difficult for voters to cast regular ballots.

“Palm Beach County is also refusing to provide information to the public. And they are illegally refusing to allow official party representatives into the ballot counting area and forcing people to stand behind a glass wall with limited visibility and no ability to hear what is going on. This is a clear violation of Florida law – and we have just filed a lawsuit.

“Both Broward and Palm Beach Counties have failed in their duty to follow Florida law which requires that vote by mail and absentee ballots are accounted within 30 minutes of polls closing. Further, Palm Beach County has failed to update the Department of State since 10:19 a.m. yesterday. This is in complete violation of Florida law which requires updated reports every 45 minutes until results are completely reported.”

“Found” Ballots in Broward County

Governor Scott pointed out that every other county in Florida reported their vote totals on time and in accordance with lawful procedures. Only Broward and Palm Beach (both controlled completely by the Democrats) violated the law, and they waited two days to start their fraudulent count. This was so they could “find” a sufficient number of ballots to overcome their margin of loss.

In a seemingly lucky coincidence for the Democrats, an elementary school teacher, Lakeisha Sorey, reported 48 hours after the election that she found a large box in a closet in Miramar Elementary School in Broward County. The box was marked “Provisional Ballots” and was stored near where the polling was conducted on Election Day.

Ms. Sorey said she did not open the box, but reported it immediately to officials. In another lucky coincidence, she phoned her friend, Florida State Representative Shevrin Jones (D-Broward County), who is a close friend of Tallahassee Mayor Andrew Gillum. There is no confirmation of what was in the box, which was reported to be locked, but has a large slot on the top, presumably for inserting ballots.

Election Fraud, Wire Fraud, and RICO

As soon as Governor Scott announced that he was sending state police to investigate the Broward County delays and refusal to provide a vote total, Election Supervisor Snipes announced abruptly that the counting was finished. That should not stop the investigations, however.

The Department of Justice should immediately form an Election Fraud task force to join the state police investigation. They should depose the teacher who found the ballot box, every precinct official and volunteer who handled ballots on Election Day, school officials, election officials, and others. Anyone found guilty of making false statements should be prosecuted fully.

If any persons are found to have used mail or electronic communication to commit election fraud, they should be prosecuted on federal conspiracy and wire fraud charges under the RICO statute. RICO was designed to convict Mafia leaders who induced others to commit crimes. It has been used against many organizations that conspire to commit criminal activities, and carries penalties that include 20-year prison terms and confiscation of assets.

In order to invoke RICO, prosecutors must show a pattern of criminal activity (at least two offenses) by at least two people who are connected to the same enterprise. According to prominent online legal database Justia, “This [enterprise] might be a crime family, a street gang or a drug cartel. But it may also be a corporation, a political party, or a managed care company.”

Like a Mafia Lawyer?

Nothing but a stern and determined counterattack will stop the egregious attacks by the Left on the integrity of the voting process. The Democrats have made a mockery of election law, and seem to have conspired repeatedly to flout it. Like the Mafia crime families the RICO law was designed for, Democrats have very smart attorneys who specialize in justifying their actions. Governor Scott described the involvement in Florida of a high-powered attorney, Marc Elias of Perkins-Coie, the law firm that hired Fusion GPS to develop the Steele Dossier.

“Senator Nelson hired one of Hillary Clinton’s lawyers from DC, and the first thing he did was tell reporters that he is here to win the election. He did not say that he wants a full and fair election or even an accurate vote count. Here are some other things he has said.

“In 2010: When his Democratic client in Minnesota was leading by 8,000 votes, he said the lead was ‘insurmountable.’

“In 2014: When his Democratic client in Virginia was leading by 12,000 votes, he said there was ‘no precedent’ for a successful recount. He also said that recounts ‘really only happen where you are talking about dozens or a few hundred votes separating the candidates.’

“In 2013: When another one of his Democratic clients in Virginia was leading by only 165 votes, he said that recounts ‘do not tend to change the results.’

“In 2016: When his Democratic client in North Carolina was leading by 10,000 votes, he called it a ‘close but significant margin’ that would be ‘insurmountable.’ He also called on the opponent to ‘graciously concede’ rather than waste taxpayer money on a deficit that could not be overcome.

“Again in 2016: When his client Hillary Clinton had lost the presidential race, he wrote an article highlighting that the margin of 10,704 votes in Michigan ‘well exceeds the largest margin ever overcome in a recount.’

“Now, he is here to try to steal the election, and to try to thwart the will of the voters of Florida. Every day since the election, the leftwing activists in Broward County have been coming up with more and more ballots out of nowhere.  We all know what is going on. Every person in Florida knows exactly what is happening. Their goal is to keep mysteriously finding more votes until the elections turn out the way they want. And when that fails, they will file a bunch of lawsuits in order to try to overturn the will of the voters.”

Only RICO Can Stop Them

President Trump, don’t leave Governor Scott to fight this Hydra monster alone. Send in the federal troops, conduct a full-scale RICO investigation, and put a stop to election fraud forever. And conduct similar investigations in Georgia and Arizona. Nothing else will protect our democracy and stop the fracturing of our Republic.

The opinions expressed here by contributors are their own and are not the view of OpsLens which seeks to provide a platform for experience-driven commentary on today's trending headlines in the U.S. and around the world. Have a different opinion or something more to add on this topic? Contact us for guidelines on submitting your own experience-driven commentary.
Bart Marcois

Bart Marcois (@bmarcois) was the principal deputy assistant secretary of energy for international affairs during the Bush administration. Additionally, Marcois served as a career foreign service officer with the State Department.

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