Last week, Ohio Secretary of State Frank LaRose sent more than 1,000 cases of alleged voter fraud to the U.S. Department of Justice.
Critics contend, as LaRose himself has, that enforcing election laws is best handled at the state and local level.
Going shopping
Since taking office, LaRose has regularly announced the number of alleged election law violations his office has found.
In nearly all cases, those allegations have proven meritless.
After reviewing more than 600 cases, for instance, Ohio’s Republican Attorney General Dave Yost brought just six charges.
At the time, Yost grumbled about how many of those referrals were for illegal registration.
“I think that we ought to be focusing on the voting,” he said, rather than sidelining violent criminal investigations to check paperwork.
And Yost’s review amounted to a second opinion.
LaRose had previously referred those cases to county prosecutors.
They largely found there wasn’t enough evidence to bring cases.
Ohio Prosecuting Attorneys Association Executive Director Lou Tobin called LaRose’s actions an attack on prosecutors.
With the U.S. Department of Justice referral, LaRose is again going back to the well, touting an administration “that has expressed an interest in actively reviewing and potentially prosecuting” election crimes.
Yost and Tobin declined to comment for this story, but a measure in the Ohio Senate is illuminating.
In the most recent budget, Gov. Mike DeWine vetoed a provision allowing the Secretary of State to re-refer election law cases to the attorney general if the county prosecutor doesn’t bring charges within a year.
That idea came from Senate Bill 4, which has passed the Senate and is now moving through the Ohio House.
In testimony against the bill, Tobin criticized its codification of “forum shopping.”
When a prosecutor declines to pursue a case, he said, the matter should end.
“If a prosecutor decides that a case should not or cannot be prosecuted for whatever reason, the secretary of state can make the referral to the attorney general and hope for a different outcome,” Tobin wrote.
“This is forum shopping, and it undermines the integrity and legitimacy of our justice system.”
LaRose’s referrals
In a press release, LaRose emphasizes the “more than 1,200 criminal cases” he’s sent to federal prosecutors.
The secretary did not respond to Ohio Capital Journal’s request for an interview or comment.
Of LaRose’s referrals, about 1,000 appear to be instances of illegal registration alone.
LaRose notes only 167 examples of noncitizens allegedly casting a ballot spread over the last eight years of four federal elections.
Ohioans cast almost 27.5 million ballots in those elections.
Even if every single one of LaRose’s allegations proves true, that’s a rate of .0006%.
LaRose also cites 99 cases of people allegedly voting in two states in the same election, 16 of people allegedly voting twice in Ohio, and 14 of people allegedly voting after their death.
Additionally, LaRose referred four cases of alleged ballot harvesting and two more of people registering at an improper residence.
“We work tirelessly to ensure that every eligible voter’s voice is heard,” LaRose said in the press release, “and anyone who tries to cheat the system will face serious consequences.”
LaRose is not wrong.
In addition to the charges brought by Yost late last year, in 2023, a Shaker Heights Trump supporter named James Saunders was convicted of voting in Ohio and Florida in at least two elections.
But LaRose contends his referrals “have encountered varying degrees of adjudication from Ohio’s 88 county prosecutors,” and he’d like the U.S. Department of Justice to have another look.
“I formally refer for your consideration the materials we have gathered and submitted to local and state prosecutors,” he wrote, “and I have included with this letter documentation and evidentiary materials regarding each of the alleged offenses.”
Red flags
Ohio was able to nab Saunders thanks to a multistate data sharing agreement known as ERIC.
Joining a handful of other Republican-led states, LaRose pulled Ohio out of the compact in 2023.
He complained states should be allowed to use the data without having to encourage voter registration — a core part of ERIC’s mission.
David Becker helped establish ERIC but now runs the Center for Election Innovation and Research.
He criticized LaRose for trotting out years-old evidence that has already been reviewed by state and local prosecutors.
Becker added that, in some instances, flagged registrations got processed despite an individual identifying themselves as a noncitizen, “meaning that they are, in fact, victims, not criminals.”
“To wait over a year,” Becker said, “and publicly submit this stale evidence to the Trump DOJ, immediately before elections that are happening in many states, certainly raises questions.”
And LaRose has argued in the past that federal officials should stay out of election oversight.
Early in the Biden administration, Democrats proposed a sweeping elections and ethics measure that would have made simplified voter registration, reformed redistricting, and strengthened campaign finance laws.
LaRose rejected the idea as a “massive power-grab.”
“Elections belong to the people and are regulated by their representatives at the state level,” LaRose said after a scaled back version of the proposal failed in the U.S. Senate.
“Washington bureaucrats have a long and storied tradition of messing up the most revered of institutions — we won’t let them do that to Ohio’s elections.”
Case Western Reserve University law professor Atiba Ellis sees LaRose scrapping those arguments about federalism now that the political winds have shifted.
To Ellis, it seems like LaRose is working backward from the Trump administration’s prioritization of immigration enforcement in hopes of finding a more receptive audience for his voter fraud claims.
Particularly in Ohio, there have been political conversations “some factual, some fanciful,” about the impact of illegal immigrants in our communities.
“Certainly, this would score political points for the people who believe in that narrative,” Ellis said of LaRose’s referrals.
Ellis also pointed to a recent court ruling rejecting a Trump executive order requiring proof of citizenship.
“This court seemed to rule, correctly, that the basic constitutional structure does not put policing elections within the purview of the executive office,” Ellis said.
It’s “dubious,” he said, for LaRose to attempt an end run around elected state and local prosecutors.
“Trying to make a state issue a federal issue in order to pursue political agendas ought to raise concern about the discretion that is being used by the Secretary of State,” Ellis said. “Given that state authorities, who are duly sworn to prosecute these issues, have declined to prosecute most of them, and appear to have done so on a reasonable basis.”
Originally published by the Ohio Capital Journal. Republished here with permission.
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