Ohio Election Justice Campaign
The OEJC is a coalition of concerned citizens from across
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including election reformers currently serving on the Ohio
Secretary of State's Voting Rights Institute.
The OEJC seeks to raise citizen awareness of election justice
issues through education and to encourage elected officials to
restore the rule of law to Ohio.
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Prosecutor Violates Ohio Election Laws in Morgan County, Ohio. - Violations by Election Officials, Prosecutor, & The Pattern of Legal Cover-Ups for Decades By Morgan County Prosecutor’s and Sheriff’s.
Press Advisory: For Immediate Release
September 2, 2008
Contact: Paddy Shaffer, Director, The Ohio Election Justice Campaign
paddy@columbus.rr.com (614) 266-5283
On Tuesday September 2, 2008 at 2:00 p.m. the Morgan County Board of Elections will hold a hearing at the Morgan County Courthouse at 19 East Main Street, McConnelsville, Ohio 43756-1172. This hearing will be the second hearing for an issue the Morgan County Board of Elections (BOE) already ruled on in January of 2008. Mike Tigner is requesting that this hearing be cancelled, and that the BOE cannot change their earlier decision to deny Prosecutor Richard Welch the ability to cast a vote in Morgan County for the 2008 Primary Election, as Welch resides in a different county, Washington County. Welch is a Colonel in the US Army and has been away from the county for parts of the last several years. The same BOE officials later accepted the vote cast by Welch. The issues are far larger than just this vote…
Who is Mike Tigner: US Army Veteran, Ohio law enforcement officer since 1980. Deputy Sheriff Morgan County for 12 years, Athens County Special Deputy in 1992, Village Marshall for Amesville 1993 – 2008, and is currently a Special Deputy in Athens County.
Mike Tigner attempted to run for Sheriff in Morgan County in 2004, and was blocked by the office of the prosecutor and the BOE saying he was not qualified, when he was. The man they allowed to run for Sheriff, was not qualified, yet was allowed to run for Sheriff, and is the current Sheriff.
What Mike Tigner wants:
1. A serious legal investigation from the office of the Ohio Attorney General Nancy Rogers. Enforcement of the Ohio Revised Code 109.95 Criminal proceedings for election fraud, which states in part: “If the prosecuting attorney does not prosecute the violations within a reasonable time or requests the attorney general to do so, the attorney general may proceed with the prosecution of the violations with all of the rights, privileges, and powers conferred by law on a prosecuting attorney, including, but not limited to, the power to appear before a grand jury and to interrogate witnesses before a grand jury.”
2. There is an apparent conflict of interest for investigation when the both the prosecutor and the BOE have violated Ohio law, and when the prosecutor is legal counsel for the BOE. Accountability for Morgan County Prosecutor Richard Welch is needed. Laws that will need looked into for possible violations include but are not limited to:
ORC - 3500.11(A) False voter registration – registration forms.
ORC – 3599.12 (A) Illegal voting.
ORC – 3599.12 (A)(B) Signing of petitions.
ORC – 3599.14 (A)(1) Prohibited acts concerning declarations or petitions.
Ohio Revised Code 109.95 Criminal proceedings for election fraud.
3. Accountability for the issues raised by Mike Tigner for Morgan County BOE Director Miranda Mullens and Deputy Director Nancy Robinson and the other board members involved would need to address:
3599.16 Misconduct of member, director, or employee of board of elections - dismissal.
Will Election Fraud Cover-Up Continue, or shall SOS Brunner end it now?
The Ohio Secretary of State, Jennifer Brunner should consider investigation and look at immediately replacing Morgan County election officials as per:
Ohio Revised Code 35.01.16 Secretary of state may remove or suspend from office: which reads in part, “The secretary of state may summarily remove or suspend any member of a board of elections, or the director, deputy director, or any other employee of the board, for neglect of duty, malfeasance, misfeasance, or nonfeasance in office, for any willful violation of Title XXXV of the Revised Code…” Under ORC 3501.05 Election duties of secretary of state: (N)(1) Except as otherwise provided in division (N)(2) of this section, investigate the administration of election laws, frauds, and irregularities in elections in any county, and report violations of election laws to the attorney general or prosecuting attorney, or both, for prosecution:
Accountability for the Morgan County BOE Director Miranda Mullens and Deputy Director Nancy Robinson for allowing Prosecutor Richard Welch to vote in the 2008 Primary Election after they held a BOE hearing and it was decided that since he lived out of county, that he could not vote in Morgan County, but would need to vote in the county of his residence, Washington County. Mary Funk was the Deputy Director, with Robinson as the Director in 2004, and her role in this multi year case should also be investigated. The BOE blocking of a valid candidate to replace him with a non-valid candidate came at the suggestion of an Assistant Prosecutor, then working under Prosecutor Welch needs looked at. That Assistant Prosecutor, Mark J. Howdyshell is now a candidate for Prosecutor of Morgan County.
Of particular interest to The Ohio Election Justice Campaign (OEJC) are violations of Ohio’s election laws as we follow this story closely. Not only in the case of Tigner and Welch, but with record retention also. Morgan County resident Marlys Barbee is one of eight pro se litigants seeking to intervene in one of the major pending election cases in Federal Court in this nation. This is the King Lincoln v Blackwell case. The group of pro se litigants have filed a motion to intervene and a motion for criminal contempt for against the counties that destroyed Ohio’s 2004 ballots, which were protected by a court order from Judge Algenon Marbley. They have asked for a special grand jury, and a report that will be made public on the needed investigation. Morgan County is one of the counties in violation of the federal courts order. This story was entered in our court filings of July and August 2008. We await the courts opinion on our motion to intervene.
Morgan County is missing all of its 2004 unvoted punch card ballots, and did not follow the request of Ohio Secretary of State (SOS) Jennifer Brunner to submit those records to her custody and to write a letter with the reason why they defied the court order. All of the 2004 general election records that Morgan County turned over to the SOS fit in one box, which is in the midst of analysis and ongoing research by the OEJC. The law on protection of those records is:
ORC 3599.34 – Prohibitions concerning destruction of election records.
According to the court order, to not protect and provide these records, which are part of the above-mentioned legal case, is a fourth degree felony, and the election officials can be held in contempt of court. If Morgan County election officials did not retain the 2004 election records as required by the federal record retention schedule, and as required by a court order, how do we know they will retain the upcoming records for the November 2008 Presidential Election?
How will the voters of Morgan County know that their candidates are qualified for office, and that they actually are getting to choose from all those who were qualified as candidates? Will some good candidates have been refused a spot on the ballot? Do the voters of Morgan County choose their leaders, or are they given only the choices that others have allowed them to have?
The below listed allegations were all reported to the OEJC by Morgan County resident Mike Tigner to answer our questions about what else has been covered up by the Morgan County Prosecutor and Sheriff over the years. There appears to be a serious need for the offices of the Ohio Attorney General to do a thorough investigation into multiple decades of legal violations and cover-ups in Morgan County. Private property, usage of public buildings – even the county courthouse, the children, elections, the county cars and gasoline resources and more, are in danger from the very people paid to enforce the laws.
• 1989 - Attorney David White Jr. was investigated, by Morgan Co. Deputies, for contributing alcohol to minors. The deputies were told by McConnelsville police chief David White Sr. and Sheriff Jack Nelson to drop this investigation.
• 1992 - Investigation of Sheriff Jack Nelson turned over to State Auditors Office, led to a conviction of theft in office. Attn. White Jr. and Attn. Richard Welch spoke on behalf of the sheriff.
• 1993 - Attn. David White Jr. Investigated for sexual misconduct with minor boys. Poorly investigated, and covered up.
• 1993 -Capt. Tom Jenkins, McConnelsville police (now sheriff), investigated for stolen property.
• 2003 - Attn. White Jr. investigated for drug charges, Welch agreed not to prosecute White, and sealed the indictment.
• 2004 - Morgan County Board of Election was advised by prosecutors office, that Tom Jenkins Sr. could run for office again, after Jenkins received a letter from the Ohio Peace Officer Training Academy stating that Jenkins should "cease function as a peace officer, and lay aside his weapon, because Jenkins was 6 years behind in his training,” you have to have a valid training certificate good for 4 years prior to the qualification date, in order to run for sheriff.
• 2004 - Morgan County Prosecutors office advised the Board of Election that Mike Tigner was not qualified to run for Morgan County sheriff, after Mike displayed all the qualifications to the board.
• 2005 - Attn. White Jr. lost his law office, and was permitted to use the basement of the County Courthouse to continue his law practice. Attn. White Jr. later disbarred from his law practice, by complaint filed through Disciplinary Counsel, by a former client.
• 2006 - Investigation for misuse of the County Sheriff's car used by Jenkins Sr. was brought before Grand Jury, and mislead by County Prosecutor. There was no indictment. Sheriff Jenkins Sr. lied under oath at Grand Jury; Prosecutor Welch knew this, and has not taken action.
• 2006 –The Morgan County Board of Elections was advised that Kathy Smedly, President of Chesterhill Village Counsel, does not live in the village, which is a requirement to run for election for this position. The BOE did not investigate.
• 2006 – 2007 - Jeff Gillespie, is former Morgan county juvenile probation officer. Allegations were made that Gillespie was having sexual relations, with a minor in his care, resulting in pregnancy. Sheriff's office did a brief investigation of this matter, with no action taken against Gillespie. He later moved him to a position of jail warden in Nelsonville. When said girl turned 18, Gillespie left his wife, and moved in with this girl. Gillespie, now a warden over Southeastern Regional Jail in Nelsonville, Ohio, is charged with unauthorized use of a computer, after a female co-worker alleged he had shown her a sexually explicit video he had received in an e-mail from the Morgan County sheriff's office. Sheriff Jenkins sits on the board, and excerpts Gillespie's resignation, if this is a felony in Athens County, it should also be in Morgan County. Especially for the person who sent the e-mail from the Morgan County Sheriff's office. The Morgan County Prosecutor’s office and the Morgan County Sheriff were both aware of this porno being sent from the Sheriff’s office on a county computer. It was sent by a Morgan County Deputy. Nothing was done.
Brian Green August 27, 2008 Dear Brian Green, I understand that in 2004 international election observers wanted to come to Ohio for the General Election. It is also my understanding that former Ohio Secretary of State (SOS), J. Kenneth Blackwell and/or his staff denied them access. Do I understand this correctly? As per ORC 149.43 I request any and all paper and electronic records from 2004 in regards to international election observers wanting access to Ohio’s elections. I additionally request any and all paper and electronic records from 2004 in regards to the replies and communication from J. Kenneth Blackwell and any and all staff members replying to the requests to have international election observers. Also, if you are able to locate the interoffice communications of the former SOS and any and all staff as they discussed and made decisions about the issue of international observers wanting access to Ohio’s general election in 2004. To bring this matter to this current year of 2008 and our upcoming general election, I request any and all communication regarding having international election observers this year, for November 4, 2008. This is to include but not be limited to the international election observer’s requests and all correspondence in reply, including the interoffice communications discussing international election observers this year. I am assuming that a request has been made for such international election observers this year. If that has not taken place, or not taken place yet, please just tell me. Please send this in electronic format if possible, if not, paper will be fine. These requests are severable if need be to speed up the reply process. Thank you for your assistance, Paddy Shaffer CC: Victoria Parks, OEJC Brian Green August 27, 2008 Dear Brian Green, I understand that in 2004 international election observers wanted to come to Ohio for the General Election. It is also my understanding that former Ohio Secretary of State (SOS), J. Kenneth Blackwell and/or his staff denied them access. Do I understand this correctly? As per ORC 149.43 I request any and all paper and electronic records from 2004 in regards to international election observers wanting access to Ohio’s elections. I additionally request any and all paper and electronic records from 2004 in regards to the replies and communication from J. Kenneth Blackwell and any and all staff members replying to the requests to have international election observers. Also, if you are able to locate the interoffice communications of the former SOS and any and all staff as they discussed and made decisions about the issue of international observers wanting access to Ohio’s general election in 2004. To bring this matter to this current year of 2008 and our upcoming general election, I request any and all communication regarding having international election observers this year, for November 4, 2008. This is to include but not be limited to the international election observer’s requests and all correspondence in reply, including the interoffice communications discussing international election observers this year. I am assuming that a request has been made for such international election observers this year. If that has not taken place, or not taken place yet, please just tell me. Please send this in electronic format if possible, if not, paper will be fine. These requests are severable if need be to speed up the reply process. Thank you for your assistance, Paddy Shaffer CC: Victoria Parks, OEJC The Ohio Election Justice Campaign (OEJC) submitted over 1000 pages of supporting documents. In the case before Judge Marbley, King Lincoln, et al. v. Brunner, et al., Civ. No. C2 06 745 (S.D. Ohio), the judge had issued specific orders directing Ohio's 88 county boards of election to preserve all ballots from the election until a decision was rendered in the case. At least 56 county boards assert they have destroyed some ballots from 2004; seven counties assert they have destroyed all ballots. This citizen-initiated action is pro se litigation in which the plaintiffs act as their own attorneys. The papers in front of Judge Marbley also ask him to impanel a Special Grand Jury to investigate the destruction of ballots. A Special Grand Jury, as a collection of citizens authorized to hear the evidence, is uniquely suited to sorting out the degrees of culpability associated with the destruction of the ballots. It is also authorized by statute to issue a public report, which can then be circulated to the employer of appointed public officials. Paddy Shaffer, director, OEJC, said, "The time for accountability is now, prior to the November election of our next president. Many counties allegedly destroyed ballots before the election was even certified. Why would we trust these people with the upcoming elections?” Mark Brown, a plaintiff in the suit and a candidate for public office in 2004, said, "Justice delayed is justice denied is injustice repeated." The Ohio Election Justice Campaign was formed by concerned citizens, many of whom participated in the 2004 election as observers, election protection workers, poll workers, and election investigators as well as organizers and witnesses in Ohio's 2004 Presidential Vote Recount. Plaintiff Tim Kettler, currently a Green Party candidate for Ohio Senate District 20, ran for Ohio Secretary of State in 2006. Kettler believes the only way to stop this type of criminal behavior and incompetence is through citizen action: "Whether we challenge these offenses in court or run for public office, we must replace those who would show such contempt for the law." For this article on PRWEB, see http://news.yahoo.com/s/prweb/20080711/bs_prweb/prweb1092204;_ylt=AljYOBmObuR_og9MIv_gojs51sIF Contacts: Paddy Shaffer Tim Kettler For more information visit www.electiondefensealliance.org/OEJC Attachments for above article see links below: Tax deductible contributions to support the OEJC may be To make a donation using PayPal, click on the PayPal bar below. To make a donation using a credit card, use the credit card form below. To send a donation by paper check, please endorse payment to "IHCenter/EDA--Ohio Electoral Justice Campaign" and mail to:International Observers Ohio SOS Records Request
Elections Council, Ohio Secretary of State
180 East Broad Street
Columbus, Ohio 43215
Director, The Ohio Election Justice Campaign
paddy@columbus.rr.com
(614) 266-5283
Bev Harris, Blackbox Voting
Tim Kettler, OEJC, Candidate Ohio Senate
Dan Stanton, OEJC
Freedom Fighter - Paddy Shaffer Director of Ohio election justice campaign on voter fraud
Ohio Election Justice Campaign
Elections Council, Ohio Secretary of State
180 East Broad Street
Columbus, Ohio 43215
Director, The Ohio Election Justice Campaign
paddy@columbus.rr.com
(614) 266-5283
Bev Harris, Blackbox Voting
Tim Kettler, OEJC, Candidate Ohio Senate
Dan Stanton, OEJCVote Rescue Radio Interview with Paddy Shaffer, Aug. 1, 2008
Here is the link to the broadcast. You can right click and save or click and it should open your mp3 media player.
http://mp3.wtprn.com/VoteRescue/0808/20080801_Fri_VoteRescue2.mp3Election Officials May Face Criminal Charges: OEJC Files in Federal Court
Columbus, Ohio, PRWEB, July 11 -- Eight members of the Ohio Election Justice Campaign filed papers on Thursday in United States District Court, Southern District of Ohio, asking Hon. Judge Algenon Marbley to begin criminal contempt proceedings for the destruction of ballots from the November 2004 election.
paddy@columbus.rr.com
(614) 761-0621
tmkettler@aol.com
(740) 502-6453
http://www.electiondefensealliance.org/files/Contempt%20Charges.pdf
http://www.electiondefensealliance.org/files/Motion%20To%20Intervene.pdf
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