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From the linked washingtonpost article though ( https://www.washingtonpost.com/dc-md-va/2024/10/29/gop-voter-virginia-vote-twice/ : https://archive.is/U7AoW#selection-755.0-755.327 ), it sounds like the defense had a very good argument.
But he never got the chance to demonstrate that because
Speaking neutrally, it's good that we have a system in place that requires a high level of evidence - such as regarding intent - before finding someone guilty. I'd just hope that it equally protects folks regardless of if they are blue or red.
There's a reason conspiracy to commit charges exist.
Oh, agreed. Should have a way to punish someone for trying (e.g. attempted murder charges because the police stopped the murder and saved the intended victim). But even then, one still has to be able to prove it, and the level of proof - beyond a reasonable doubt - is as high as it is for good reason.
Now, if the accused had encountered police detectives at that polling station instead of real election workers, I imagine it would have gone like this:
(Police detective posing as a poll worker prepares an otherwise blank but non-obviously spoiled ballot.)
"Ok sir, here's your ballot."
Choice A: "Thanks, here's the ballot, yay I just voted." "Sir, you're under arrest."
Choice B: "Um... actually I already voted." "Yes we know sir, I see it right here, but we were just testing you." "No, hey, wait, I was trying to test you." "..."
It's not a reasonable expectation to ask actual election workers - poll working volunteers - to do anything like the above, though.