The Cuyahoga County Board of Elections has launched an investigation that could lead to criminal charges against voters who maliciously switched parties for the March 4 presidential primary.
Elections workers will look for evidence that voters lied when they signed affidavits pledging allegiance to their new party. And at least one board member, Sandy McNair, a Democrat, wants the county prosecutor to review the findings.
But it remained unclear Wednesday whether the four-member board will agree to pursue prosecution. A 2-2 vote would mean that Ohio Secretary of State Jennifer Brunner, a Democrat, would have to break the tie.
The investigation comes 10 days after The Plain Dealer reported that more than 16,000 Cuyahoga County Republicans changed parties before voting March 4.
After the election, some local Republicans admitted they changed parties only to influence which Democrat would face presumed Republican nominee John McCain in November. One voter scribbled the following addendum to his pledge as a new Democrat: "For one day only."
Such an admission amounts to voter fraud, said McNair, who pushed for the investigation.
"I'm looking for evidence," McNair said. "I'm not interested in a witch hunt. But I am interested in holding people accountable, whether they're Democrat or Republican."
Lying on the signed statement is a fifth-degree felony, punishable by six to 12 months in jail and a $2,500 fine.
Board members expect a report on the county's crossover voters on March 31. The board has the power to issue subpoenas, forcing voters to testify about their intent on election day, McNair said.
Board Chairman Jeff Hastings said the board would have to vote on whether to issue subpoenas.
McNair and the board's other Democrat, Inajo Davis Chappell , both favor issuing subpoenas. The board's two Republicans, however, weren't yet on board with the idea.
Board member Rob Frost, who also serves as the county GOP chairman, had urged Republicans not to change parties for malicious reasons. On Wednesday, he said he hopes the findings from an investigation will be used to prevent similar problems in future elections.
"I haven't seen anything that gives rise, in my mind, to a criminal investigation," Frost said.
Hastings said the investigation's results on March 31 will determine his preferred course of action.
Patrick Gallaway, Brunner's spokesman, said the board hasn't contacted her about prosecuting crossover voters.
For some reason this screams of pure stupidity on the Democratic members of the Board of Elections to go after Republicans who switched parties in the March primary.
Those 16,000 votes did nothing to change any result of any contest.
As the article states that the vote was 2-2 which means PICW (Profile in Courage Award Winner) Jennifer Brunner will have to cast the deciding vote. My guess, she has shown a proclivity to push down the Republican Party as best she can, will vote to issue subpoenas.
It seems to me, that there is a conflict of interest here between PICW Brunner's role as Chief Election official and the laws of the State. The conflict is that she has sworn to uphold the laws and Constitutions of the USA and the State of Ohio, however, if she is to uphold this election law, she could be violating one of the Chief rights every American is given, Freedom of Speech.
At least that would be one of my planks for support. The other issue, is the State will have to prove intent, which maybe a little tougher for the Prosecutors to address.
As part of the intent argument, I would argue that I was merely using one of the tools provided by the Constitution to establish my displeasure with the elected representatives. Also, I was showing my displeasure with perhaps the current crop of candidates in the other party.
One other issue that may need to be researched with past BOE's across the state and as well as former Secretaries of State, has there been any prosecutions relating to voter fraud. If not, a case could be made that this is selective enforcement of the ORC as to voters, thereby, also a violation of the equal protection clause.
Let see some of the areas of the Ohio Constitution that could be cited;
§ 1.02 Right to alter, reform, or abolish government, and repeal special privileges (1851)
All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary; and no special privileges or immunities shall ever be granted, that may not be altered, revoked, or repealed by the general assembly.
§ 1.11 Freedom of speech; of the press; of libels (1851)
Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury, that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted.
§ 1.20 Powers reserved to the people (1851)
This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers, not herein delegated, remain with the people.
§ 5.01 Who may vote
Every citizen of the United States, of the age of eighteen years, who has been a resident of the state, county, township, or ward, such time as may be provided by law, and has been registered to vote for thirty days, has the qualifications of an elector, and is entitled to vote at all elections. Any elector who fails to vote in at least one election during any period of four consecutive years shall cease to be an elector unless he again registers to vote.
Which Amendments covers this issue:
Amendment 1:
Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
Amendment 9 - Construction of Constitution. Ratified 12/15/1791.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment 10 - Powers of the States and People. Ratified 12/15/1791.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Amendment 15 - Race No Bar to Vote. Ratified 2/3/1870.
1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment 19 - Women's Suffrage. Ratified 8/18/1920.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation.
Amendment 26 - Voting Age Set to 18 Years. Ratified 7/1/1971.
1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
2. The Congress shall have power to enforce this article by appropriate legislation.
Let's go back to Article 1.20 of the Ohio Constitution:
§ 1.20 Powers reserved to the people (1851)
This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers, not herein delegated, remain with the people.
I believe that the power to vote as people see fit remains with the people and not with elected or appointed officials.
Perhaps, the BOE Board members need to reevaluate their actions and move forward without prosecution.
I think if it does happen, they might as well change the signs at the borders from Ohio "The Heart of it all" to THIS IS OHIO NO REPUBLICANS NEED TO RESIDE HERE
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