An Alabama nursing home employee has been indicted for allegedly committing election fraud in Mobile County and is facing two felonies and a misdemeanor. According to the Mobile County District Attorney’s Office, the employee is accused of forging the signature of a nursing home resident deemed incapacitated by probate court.
The alleged crime occurred on September 26, when the employee tried to obtain an absentee ballot for the resident by filling out a ballot application form. According to the district attorney (DA), the resident was unable to give consent.
The employee filled out the voter application form and then reportedly used the resident’s hand, holding a pen, to draw an “X” on the signature line before submitting the application to probate court. The court had previously ruled the resident ineligible to vote due to his incapacity.
The employee was charged with voter harvesting, identity theft, and forgery. The DA said that anyone caught breaking election laws will be prosecuted. To prevent similar incidents in the future, the DA also provided guidelines to the nursing home staff.
Compliance Perspective
Issue
Ensuring that nursing home residents can exercise their Constitutional right to vote is crucial. Facilities may be allowed by state laws to assist residents in completing mail-in absentee ballots, if requested. This would ensure that each resident who is a registered voter and competent to vote is afforded that right. It is essential to maintain a neutral environment where residents can vote without undue influence or coercion from staff or other residents. Compliance with state-specific voting laws and CMS regulations is necessary to protect residents’ rights and avoid legal repercussions. Failure to uphold these standards may result in violations of residents’ rights and potential exploitation.
Discussion Points
- Review and update policies to ensure they clearly outline the protocols for assisting residents with voting. This includes specifying who is authorized to help (e.g., ombudsmen, designated staff), the types of assistance allowed, and procedures for handling requests for support. Policies should emphasize the importance of neutrality, prohibit staff from influencing residents’ voting choices, and outline specific measures to prevent fraud, such as requiring multiple staff members to be present during the voting assistance process.
- Provide comprehensive training for staff about residents’ voting rights and the importance of neutrality in the voting process. Provide resources and guidelines on how to assist residents with different needs, such as mobility or health issues. Also, train employees to immediately report any suspected or observed fraud to a supervisor or through the Hotline.
- Implement a system for regularly auditing the voting assistance process. This can include spot checks, resident interviews, and reviewing documentation to ensure compliance with policies. Additionally, develop a partnership with local election officials to stay informed about current voting laws and facilitate oversight.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
