Is it identity theft to present yourself as another person with the intent to vote, even if you don't vote? It can be, and it is almost always a crime either way. Identity theft angle: Under federal law (18 U.S.C. § 1028), identity theft generally requires knowingly using a “means of identification” of a real person (a name alone can count when used to identify a specific individual, especially combined with other details like date of birth or address) * Without lawful authority *With the intent to commit or help commit a crime Presenting yourself at a polling place (or on a ballot request/registration form) as a specific real voter, with the intent to vote in their name, meets those elements in many cases. Prosecutors have charged identity theft (including aggravated identity theft) in cases involving the use of another person’s identity to register or vote, particularly when SSN, driver’s license, or other documents were involved.⁠ Simply saying a name in casual conversation is not identity theft. Using it specifically to attempt to cast a ballot is different because the intent is criminal. Even if you don’t actually vote, many election laws criminalize the attempt as well as the completed act. For example, some state statutes explicitly ban “falsely impersonating another person” or “attempting to vote under the name of another person.” Federal and state election fraud statutes often cover offering to vote, attempting to vote, or providing false information with the intent to vote illegally. You do not need to succeed in casting a ballot for the conduct to be illegal. The intent and the presentation of yourself as another specific person is usually enough. This is typically prosecuted as voter impersonation or election fraud (sometimes alongside identity theft charges). Those offenses are real and can carry felony penalties, but documented cases of in-person voter impersonation are extremely rare. Presenting yourself as a specific real person with the intent to vote in their name is illegal under election laws in virtually every U.S. jurisdiction, and it can also qualify as identity theft depending on the exact facts and how the prosecutor charges it. Not actually completing the vote does not necessarily protect you from prosecution.