Published: September 06, 2007 09:37 pm            

State claims fraud in Clark County elections

Secretary of state releases few details; calls on prosecutor to take action

Standing atop the steps of the City-County Building in Jeffersonville, Indiana Secretary of State Todd Rokita told reporters Thursday that he believed voter fraud had been committed in Clark County in recent years.

However, citing a potential criminal investigation that could be in the works, he released very few details of what may have taken place. He would not say how the fraud happened, what municipalities may have been involved, who the players were or even which party was doing something wrong.

The secretary commented only that mail-in absentee ballots in Clark County were used in a fraudulent way during the 2003 primary elections.

“I’ve seen the bad effects of voter fraud,” Rokita said. “I believe through information in my office that we’re seeing it in Clark County.”

Several hours after the press conference, The Evening News received an e-mail from Deputy Secretary of State Paul Okeson, which contained additional details on the case.

In the e-mail, Okeson noted that the secretary’s office had received documented complaints of dozens of instances of illegal acts during that primary election that year. A few individuals were involved, but not identified by name at the press conference or in the e-mail.

The secretary’s office investigated the case and found what it called “substantial, verified evidence” that a Clark County resident engaged in illegal handling and marking of absentee ballots and illegal electioneering, such as telling someone how to vote, watching them mark his or her ballot and handling the ballot after it had been filled out.

The individual in question also allegedly conspired to commit voting fraud by facilitating voting from individuals no longer living within the precincts that they were registered in, Okeson’s e-mail noted.

Rokita said he believes any of the crimes committed during the 2003 elections are Class D felonies, each punishable by three years in prison and $10,000 in fines. He said further election fraud may have taken place in the 2007 primary election, but a formal investigation has not been filed for that primary.

Thursday’s press conference was not the first time the 2003 fraud accusations have surfaced. The Evening News investigated such allegations involving elections in Clarksville in June, and found that the use of absentee ballots had dropped by about 60 percent between the 2003 primary election to the 2007 primary election — both of which were municipal election cycles.

In the midst of investigating that drop, the secretary of state’s office revealed that the voter fraud investigation had been taking place since October, when a complaint was first filed.

Following an open-records request filed by The Evening News, the secretary’s office said it had handed over numerous documents — including the name of a primary suspect, a list of witnesses and sworn statements taken by a court reporter — to county Prosecutor Steve Stewart in November.

It would be his office’s decision to file and pursue formal charges. Stewart hasn’t taken any action on the matter. On Thursday, Rokita called on Stewart to file charges before a five-year statute of limitations passes in the spring 2008. Once that passes, charges cannot be filed, Rokita said.

Rokita said attorneys in his office have contacted Stewart seven times and he personally has contacted Stewart three times urging that charges be filed. None of the correspondences have been answered, Rokita said.

“I’m calling on the prosecutor to prosecute this case or come up with a reason that it shouldn’t move forward,” Rokita said.

Rokita, a Republican, said documents relating to his office’s investigation may be made public if charges are not filed by spring 2008. He also urged residents to contact Stewart, a Democrat, regarding prosecution of the case.

Following the press conference, a reporter visited Stewart’s office to ask for comment on the case, but Stewart was not available. A call was later made but was unreturned. The Evening News has asked Stewart for comment on this matter before and he declined. He has also declined to release records pertaining to the case, citing an ongoing investigation.

Rokita said his office has looked into the prospect of appointing a special prosecutor to investigate the case, but that he believes Stewart should be the one doing it. He said he does not believe his office had the authority to appoint special prosecutors for such matters.

        

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