|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
A person who knowingly or intentionally: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):
(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.
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:Finally, the ballot appears to constitute voter fraud under IC 3-14-2-19(a) which states:
(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.
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.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.
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.