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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: Neeka who wrote (669639)1/24/2005 4:08:19 PM
From: mph  Read Replies (1) | Respond to of 769667
 
Actually, this is probably a more generally accepted definition of the burden of proof for fraud in a civil case:

EVIDENCE, CLEAR AND CONVINCING - The level of proof sometimes required in a civil case for the plaintiff to prevail. It means the trier of fact must be persuaded by the evidence that it is highly probable that the claim or affirmative defense is true. The clear and convincing evidence standard is a heavier burden than the preponderance of the evidence standard but less than beyond a reasonable doubt.

In an election context, I'm not sure what the burden would be. I suspect that proving voter fraud of this type differs from trying to prove that a plaintiff was defrauded by a defendant.

Alas, I've no time to research the suit to which you refer.