The Nicollet County Attorney’s office has filed voter fraud charges against an 86-year-old St. Peter woman who reportedly has Parkinson’s disease and suffers from dementia.
The woman apparently forgot that she’d filed an absentee ballot in July, and then voted in person again in August, says the Mankato Free Press.
Margaret Schneider told the paper she now realizes she did vote twice:
“It had been a while and I didn’t even remember,” Schneider said. “I was shocked to death because I thought my absentee ballot was for the president.”
The investigation shows that the letters A.B. were entered into the voter book next to Schneider’s name, indicating she’d already filed the absentee ballot, so Schneider’s daughter, Eva Moore, wonders why the election judges allowed her to vote that second time.
Nicollet County Attorney Michelle Zehnder Fischer wouldn’t comment specifically on the case, but it sounds like she might have preferred not to file the charges, if the law didn’t require them.
She told the paper that “in all cases when she is notified about a possible voter fraud incident she is required to have it investigated. If there is probable cause to show a crime occurred, she is required by state law to prosecute,” the story said.
“Normally in criminal cases we have the ability to use discretion,” Fischer said. She also said she could be required to forfeit her office if she doesn’t follow the law.
The Secretary of State’s office confirms that reading of the law.
Schneider makes her first court appearance April 2. The law says what she did is a felony.
Widespread
And that, my chickies, is the “widespread voter fraud!” that the mean little initiative was supposed to curb. Put that woman in prison! Make a national example of her! Might as well really wallow in the stupidity of the situation.
Photo ID
would not have prevented this…
Voter Fraud
Well Dan McGrath and his ilk are now getting their justice and proving that in fact voter fraud does occur. The only problem with this is that any sane person would think that this is the most ridiculous use of the court system that probably has ever occurred anywhere at any time. Actually I think the election judge should be charged with conspiracy because they were obviously trying to change the outcome of the election.
What about intent?
The law says a person who intentionally violates the provision is guilty of a felony. I think you could make the argument that intent was not present. I hope the judge dismisses this case in the interests of justice.
The law seems to imply that if a person submits an absentee ballot and then votes in person, the absentee ballot is discarded. Statute 203B.121 subd 5 3c says “an absentee ballot submitted by a voter who has voted in person on election day must be rejected.” It does not say it is a crime. It’s my understanding that the ABs are opened and counted after the polls close.