Opinion No. (1998)

DANIEL E. LUNGREN Attorney General ANTHONY S. Da VIGO Deputy Attorney General THE HONORABLE BILL JONES, SECRETARY OF STATE, has requested an opinion of this office on the following questions: 1. Does a prosecution for fraudulent voting require proof of specific intent? 2. Does the statute of limitations for fraudulent voting commence upon the commission or discovery of the offense? 3. Are statements of admission alone sufficient to support a conviction for fraudulent voting of a person who unlawfully registers to vote or who, being unlawfully registered, votes in an election? CONCLUSIONS 1. A prosecution for fraudulent voting requires proof of specific intent; such proof need not be by direct and positive evidence, but may be inferred from circumstantial evidence. 2. The statute of limitations for fraudulent voting commences upon the discovery or completion of the offense, whichever is later. 3. Statements of admission alone are not sufficient to support a conviction for fraudulent voting of a person who unlawfully registers to vote or who, being unlawfully registered, votes in an election; however, slight or circumstantial evidence is all that is necessary to establish that a…