Monday, May 5, 2014

Will Marion County Prosecutor Terry Curry Ignore Possible Voter Fraud and Other Felonies Committed by His Democratic Party Chairman?

In conjunction with its duties, the Marion County Clerk's Office produces an "Official Marion County Democratic Ballot' for voters. The ballot lists all candidates.  As I posted earlier, Marion County Democratic Chairman Joel Miller sent out a mailing to voters suggesting that such a ballot is a "scam" and a "fake" and that he would be soon mailing the Democrats the "real" ballot.  Well the "real" ballot arrived in mailboxes this weekend. So let's compare the two:


Official Marion County Democratic Sample Ballot
provided by Clerk's Office
 

(Not) Official Marion County Democratic Sample Ballot
provided by Marion County Democratic Party Organization


You will notice the "official" sample ballot sent by Chairman Miller is virtually identical to the official sample ballot by the Clerk's Office.  Miller even copied the Clerk's Official seal on the document at the upper right hand part of the document.

Production of the fake "official" sample ballot could constitute counterfeiting, a Class D felony under
Marion County Democratic
Chairman Joel Miller
IC 35-43-5-2(a):
  A person who knowingly or intentionally:
        (1) makes or utters a written instrument in such a manner that it purports to have been made:
            (A) by another person;
            (B) at another time;
            (C) with different provisions; or
            (D) by authority of one who did not give authority; or
commits counterfeiting, a Class D felony.
Because the fake sample ballot went even further, using the seal of the Marion County Clerk's Office to give voters the inaccurate impression it was from a government source, producing the sample ballot could also be viewed as forgery, a Class C felony under IC 35-43-5-2(b):
      A person who, with intent to defraud, makes, utters, or possesses a written instrument in such a manner that it purports to have been made:
        (1) by another person;
        (2) at another time;
        (3) with different provisions; or
        (4) by authority of one who did not give authority;
commits forgery, a Class C felony.
 Finally, the ballot appears to constitute voter fraud under IC 3-14-2-19(a) which states: 
A person who knowingly:
 (1) forges or falsely makes the official endorsement of a ballot; or
(2) prints or circulates an imitation ballot;
 commits a Class D felony. 
Although subsection(b) of that statute refers to a couple statutes that provide exceptions, but neither appears to allow a county party chairman to falsely represent to voters that he is distributing an "Official Marion County Democratic Sample Ballot" when in fact he is doing nothing of the sort.

The question is will Marion County Prosecutor Terry Curry prosecute his own county chairman (and anyone else who was involved) for what appears to be clear legal violations constituting felonies?  I won't hold my breath. 

2 comments:

Pete Boggs said...

Just saw an unofficial, "official" ballot & it's as you've posted.

Pete Boggs said...

Americans have fought & died for our right to self determination.

The best way to clean up this mess is with your vote. Get out & vote in today's primary!