Friday, August 29, 2003

08292003 - News Article - Supreme Court denies Riga's petition - Conclusions of law, facts due today; judge could rule by Sept. 5 - ROBERT CANTRELL



Supreme Court denies Riga's petition
Conclusions of law, facts due today; judge could rule by Sept. 5
NWI Times
Aug 29, 2003
nwitimes.com/news/local/supreme-court-denies-riga-s-petition/article_9e3f9736-3890-59c2-b204-3b870c5794c1.html
INDIANAPOLIS -- The Indiana Supreme Court on Thursday unanimously denied a petition filed by attorneys for Schererville Town Judge Deborah Riga asking that jurisdiction be taken away from a local court to hear a voter fraud case.

The Supreme Court also said that no motion for rehearing or to reconsider may be filed.

Essentially, that means that Lake Superior Court Special Judge Mary Beth Bonaventura will continue hearing the case brought by Schererville attorney Kenneth Anderson, who ran and lost to Riga in the May 6 Democratic primary.

Anderson won at the polls by more than 80 votes but when absentee ballots were counted, he lost by 11 votes.

Anderson contested the election, which set in motion a series of legal maneuvers that wound up at the Indiana Supreme Court. The court ruled Thursday, placing the matter back on the table in Lake County.

Edward Hall and John Craig, Anderson's attorneys, said they are pleased with the ruling.

"We're thrilled about this," Hall said. "We believe the Supreme Court followed the law. This is certainly a victory for the voters of Schererville."

Robert Vann, an attorney for Riga, could not be reached for comment. Riga also couldn't be reached.

Now it depends on Bonaventura.

The case to overturn the election went to trial Aug. 6.

Attorneys' conclusions of law and findings of fact relating to that trial are due today. Bonaventura has said she will rule by Sept. 5, Hall said.

Hall also said they are asking Bonaventura to invalidate 22 votes.

"If she invalidates 22 votes and remands the Recount Commission to recertify the election results after the fraudulent votes have been thrown out, Anderson will be the winner," Hall said. "In the initial recount conclusion, Riga won by 11 votes. If this happens, Anderson would be the winner by 11 votes."

An election board panel previously voted to uphold the election results, saying corruption was not rampant enough to overturn the results, Anderson had reportedly found at least four illegal absentee ballots from voters who no longer live in Schererville.

Previously, Bonaventura had decided to go forward with Anderson's election contest, and had rejected Riga's petition to stop it. Riga had contended it should be heard in another venue.

No matter what happens next week, it's possible that once Bonaventura rules one side or the other may take the case to the Indiana Court of Appeals, tying the issue up in courts for several more months.

Saturday, August 23, 2003

08282003 - News Article - A necessary focus on Lake County - The issue: Absentee ballots - ROBERT CANTRELL



A necessary focus on Lake County
The issue: Absentee ballots
NWI Times
Aug 28, 2003
nwitimes.com/news/opinion/editorial/a-necessary-focus-on-lake-county/article_2dd455fc-5872-5283-9b56-d2b5087aa89e.html
Our opinion: This spotlight on the tainted voting process in Lake County should lead to legislative changes to stop these blatant abuses. It also should lead to punishment for those found guilty.

The Lake County election board did the right thing by deciding to study "apparent abuse of the (absentee ballot) process and system."

It's about time. It's not as if there haven't been problems and allegations of wrongdoing in previous elections. Of course, this time the election board really had no choice. Two high-profile cases in which challengers took their cases to court made this issue impossible to ignore.

In the recount case involving the East Chicago mayoral race, Mayor Robert Pastrick was declared the primary winner over George Pabey. But Special Lake Superior Court Judge Steven King chronicled hundreds of abuses in that city's election, naming voters who perjured themselves by falsely indicating on absentee ballot applications they would be absent from the county on Election Day.

In the recount challenge in the Schererville town judge race between incumbent Judge Deborah Riga and challenger Kenneth Anderson, a decision is expected next week. Allegations in that recount revolve around Schererville Democratic Precinct Committeeman Bob "Bosko" Grkinich, who handled a number of questionable absentee ballots. He took the Fifth Amendment rather than answer questions that might incriminate him.

The election board decided to form this committee at the same time it accepted the resignation of its chief mechanic, who admitted in his resignation letter that he voted in East Chicago although he was the process of moving his family to Schererville.

Justin Murphy, election board proxy member, urged the committee to investigate and take the lead in developing new policy.

Too late to take the lead, folks. That's something that should have been done a long time ago. Besides, a special Lake County grand jury has begun investigating the absentee ballot scandal.

At least the election board named to the committee state Rep. Chet Dobis, D-Merrillville, a leader of the Northwest Indiana delegation with some clout at the Statehouse. Dobis recently lambasted the "blatant vote fraud" in county elections.

This spotlight on the tainted voting process in Lake County should lead to legislative changes to stop these blatant abuses. It also should lead to punishment for those found guilty

Maybe then people will stop joking and bragging about the way things are done in Lake County and get on with the serious business of running clean elections.

08232003 - News Article - Hunt is on for corruption - Special grand jury picked to look into vote fraud - ROBERT CANTRELL



Hunt is on for corruption
Special grand jury picked to look into vote fraud
NWI Times
Aug 23, 2003
nwitimes.com/news/local/hunt-is-on-for-corruption/article_86ac9bb9-6f79-53fa-ab94-e4527c28928d.html
CROWN POINT -- The Indiana State Police already have begun collecting information on voter fraud and public corruption in Lake County, County Prosecutor Bernard Carter said.

Carter will present the information to a special grand jury of six people and one alternate selected Friday. In his charge to the grand jury, Carter said he expects them to look into any vote fraud in the May 6 primary election, no matter for whom the votes were cast.

"We could target any (political) camps, any cities, but our three major areas are East Chicago, Hammond and Schererville," he said.

The special grand jury is scheduled to meet on Fridays for the next six months to interview witnesses and target election law violators.

Carter said the grand jury doesn't have to wait until the end of its term to issue indictments, which may happen at any time.

"Once all the evidence is collected for individual targets, it will be submitted to the grand jury and whatever they return, that is where they will go," Carter said.

The probe is likely to focus on unscrupulous campaign workers who misused the absentee ballot system to glean votes from empty lots, vacant apartments and those who had moved or died, among other violations. It also will investigate the misappropriation of public money.

Some of the evidence the grand jury is likely to hear already has been made public during two recount lawsuits involving the East Chicago mayoral race that Mayor Robert Pastrick won last week and the Schererville town judge race between incumbent Judge Deborah Riga and challenger Kenneth Anderson. A decision in that case is scheduled to be handed down as early as Sept. 5.

Special Lake Superior Court Judge Steven King chronicled hundreds of abuses in the East Chicago election. Similar allegations have been made in the Schererville race, all involving mail-in absentee ballots, which are cast in unmonitored environments where coercion and vote buying allegedly took place.

08232003 - News Article - Recount commission vote appealed - Schererville judge race decisions expected Sept. 5 - ROBERT CANTRELL



Recount commission vote appealed
Schererville judge race decisions expected Sept. 5
NWI Times
Aug 23, 2003
nwitimes.com/news/local/recount-commission-vote-appealed/article_a624a8cc-3ef0-5347-9971-db569d02c72b.html
CROWN POINT -- Attorneys for Kenneth Anderson argued in vain Friday for recount commissioners to be called as witnesses in the appeal of the commission's ruling that gave the Democratic primary victory to incumbent Schererville Town Judge Deborah Riga.

Lake Superior Court Judge Mary Bonaventura ruled Friday that the recount commission she appointed would not testify in the case. However, she also denied Riga's attorney's request that the appeal be dismissed because an administrative record of the case was not filed within 30 days.

Bonaventura then heard arguments on the appeal of the recount that same morning, saying she would rule on the appeal the same day she issues her decision on the recount itself, around Sept. 5.

The appeal and the recount are two different matters, and Bonaventura is hearing both.

Anderson alleged voter fraud following Riga's 11-vote victory, and the three election commissioners were appointed by Bonaventura to rule on the case, upon recommendations by attorneys for both sides.

The election commissioners ruled 2-1, with Steve Matalin, a Republican, casting the no vote, to let all votes stand despite what they said was clear voter fraud in the primary.

Friday, August 22, 2003

08222003 - News Article - Vote fraud probe to begin - Special grand jury selection begins today - ROBERT CANTRELL



Vote fraud probe to begin
Special grand jury selection begins today
NWI Times
Aug 22, 2003
nwitimes.com/news/local/vote-fraud-probe-to-begin/article_11cdad60-9f49-5fbb-b36f-09634a3b878f.html
CROWN POINT -- The Lake County prosecutor's office today formally begins looking into alleged conspiracies to steal elections in at least two communities during the May 6 primary.

Deputy Lake County Prosecutor Robert Neumaier is scheduled to select a panel of six citizen investigators and one alternate today to investigate evidence that unscrupulous campaign workers misused the absentee ballot system to glean votes from empty lots, vacant apartments and those who had moved or died, among other violations.

County Prosecutor Bernard Carter said last week he expects the probe to concentrate on three major issues -- those who cast illegal votes, those who solicited illegal votes and those who attempted to cover up the fraud.

The special grand jury is scheduled to meet weekly during the next six months to interview witnesses and target election law violators. Its discussions will take place behind the closed door of the grand jury room in the hope witnesses will be more forthcoming with information if the proceedings are out of the view of public or defense lawyers who might object to the prosecution's questions.

Some of the evidence the grand jury is likely to hear already has been made public during two recount lawsuits involving the East Chicago mayoral race that Mayor Robert Pastrick won last week and the Schererville town judge race between incumbent Judge Deborah Riga and challenger Kenneth Anderson. A decision in that case is scheduled to be handed down as early as Sept. 5.

Special Lake Superior Court Judge Steven King chronicled hundreds of abuses in the East Chicago election in his written opinion, naming voters who perjured themselves by falsely indicating on absentee ballot applications they would be absent from the county on Election Day.

It also names a gallery of precinct committeemen, city employees and other members of the Pastrick election team who trafficked in mail-in absentee ballots that are supposed to be handled only by the voters, postal workers and county election workers.

Allegations in the Schererville recount revolve around Schererville Democratic Precinct Committeeman Bob "Bosko" Grkinich, who handled a number of questionable absentee ballots. He took the Fifth Amendment rather than answer questions that might incriminate him.

Carter said his office will not need the technical services of the Indiana Secretary of State, but was still waiting to hear from the Indiana State Police on whether they will provide an investigator to work with the special grand jury.

Carter said the U.S. Attorney's office has chosen to defer any action, but may help later if prosecutors need help in gathering information in Texas where many East Chicago residents, who voted by absentee ballot, claimed they were traveling on Election Day.

Tuesday, August 19, 2003

08192003 - News Article - Anderson makes case to high court - Attorneys say Schererville candidate did all he could to meet deadlines - ROBERT CANTRELL



Anderson makes case to high court
Attorneys say Schererville candidate did all he could to meet deadlines
NWI Times
Aug 19, 2003
nwitimes.com/news/local/anderson-makes-case-to-high-court/article_f8d14e07-96d9-5090-a6de-39a0ad7b3126.html
INDIANAPOLIS -- In a motion filed Monday with the Indiana Supreme Court, attorneys for Kenneth Anderson argued that he has done everything in his power to move a voter fraud case forward and the case should be maintained at the local level.

Anderson, a Schererville attorney, ran for Schererville Town Court judge in the May primary. He won at the polls by more than 80 votes, but once absentee ballots were counted, he lost to incumbent Judge Deborah Riga by 11 votes.

A number of motions have been filed at the local and Indiana Supreme Court level. This latest motion, filed Monday, cites case law that dates back to 1979.

Anderson's attorney, John Craig, said the Anderson and the 1979 cases are very similar.

"Anderson cannot be denied his day in court because he has taken all of the appropriate actions and the court set the date outside the statute," Craig wrote in the motion.

Craig said it was Riga who delayed the court proceedings by asking for a change of venue. He said Anderson has done everything in his power to expedite matters and move the case forward within the 20-day limit.

"We believe the case law cited allows us and the court to maintain jurisdiction," Craig said. "We believe the case law supports our position to proceed at the trial court level and that (Lake County Superior Court) Judge Mary Beth Bonaventura should maintain jurisdiction."

Riga's attorney, Robert Vann, said he doesn't have a copy of the motion yet and can't comment on it.

"The next step is that we have to get our written findings of fact and conclusions of law by Aug. 29," Vann said.

Even though an election board panel voted to uphold the election results, saying corruption was not rampant enough to overturn the results, Anderson has reportedly found at least four illegal absentee ballots from voters who no longer live in Schererville.

Bonaventura reportedly decided to go forward with Anderson's election contest, and had rejected Riga's petition to stop it. Riga also contended it should be heard in another venue.

As a result, Anderson and Riga have been locked in a legal battle as Anderson has sought to move the case forward and Riga has tried to have it stopped.

Sunday, August 17, 2003

08172003 - News Article - Have absentee ballot, will commit fraud - The issue: The voter fraud cases in East Chicago and Schererville - ROBERT CANTRELL



Have absentee ballot, will commit fraud
The issue: The voter fraud cases in East Chicago and Schererville
NWI Times
Aug 17, 2003
nwitimes.com/news/opinion/have-absentee-ballot-will-commit-fraud/article_ff2260c6-4043-58fb-b8eb-f9a37f2df028.html
Bankston's opinion: Absentee ballots, designed to make sure people who are homebound or will be away from home on Election Day can still vote, are

Stealing votes is as American as apple pie, and we have had two great examples under judicial review in Lake County. The Lake County prosecutor's office has requested a special grand jury to be empaneled to review the issue of voter fraud.

Despite the teeth-gnashing of editorial writers and others of the professionally self-righteous stripe, nothing can be done about voter fraud unless the absentee ballot is eliminated.

It will not. Fraud using those ballots will occur.

Sure, some people might serve some time in the Crowbar Inn over the latest scandals, but the system is set up for more to occur in the future.

And they will.

At issue are two voter scandals under scrutiny by the courts in Lake County, one in East Chicago and one in Schererville.

Both involve Democratic Party primary elections. Both involve party operatives or city employees using the absentee ballot process to put a few illegal votes in their candidate's column.

In the East Chicago primary, 32-year incumbent Mayor Bob Pastrick was bested in the primary by George Pabey in votes at the polls, but won by 278 votes when the absentee ballots were counted. This week, Judge Steven King threw out 155 of those votes, so Pastrick still won, subject to appeal in higher courts.

In Schererville, Town Judge Deborah Riga won the nomination by 11 votes over Kenneth Anderson, again by a margin where absentee ballots made a difference.

The final outcome of either won't amount to a hill of beans in terms of making elections more honest in Lake County. Our election system is based on the assumption of honesty, on the part of the potential voter and those who count those votes.

Such a silly system, you might say, assuming that cheating would dominate every election. But it doesn't in most places, most of the time.

It's only when elections are close, a few votes in a county or city election, a few thousand in a state election (remember the 2000 Florida presidential election?) that these potential warts surface and make a difference.

A dirty little secret of elections in this great land is that we allow some degree of cheating in every election. Absentee ballots, designed to make sure people who are homebound or will be away from home on Election Day can still vote, are rife with potential for abuse.

These ballots are not counted until Election Day, distributed to the polling places and counted by party poll workers, sometimes the same people who solicited the illegal vote in the first place. There is no way, and often no reason in a primary election, for poll workers in the other party to challenge a suspect vote as long as the name appears on the list of registered voters for that precinct.

Voter registration, a county office with workers appointed by the county chairmen of each of the two major political parties, cannot, even if it were inclined to, ask for verification of address in people registering to vote. They cannot ask for identification. They cannot purge voter rolls easily of dead people and people who have moved.

All this means that anyone can vote in your town on Election Day as long as they have the guts to come into the polling place and sign next to a name on the polling lists.

Absentee ballots work the same way, except the fraudulent voter doesn't even have to come to the polls. He mails the signed ballot in or has a party worker deliver it before Election Day, not taking the chance, however unlikely, that a nosy reporter would recognize him as living in another city or voting in place of a dead man.

So votes are stolen. What to do? Well, not much is possible. After an election, judges are very reluctant to enter a fray unless there is a clear-cut case; otherwise they are open to the charge of thwarting the will of the voters. Think U.S. Supreme Court and Florida 2000 here.

Our voting system, designed, properly, to make it as easy as possible for honest citizens to vote, even if they are sick or out of town, will allow the dishonest to steal some. This is the price of our democracy.

Besides, in the places where this occurs most, the energy directed toward the pursuit of fraudulent votes is taken as a sign of the desire to win. If you steal more votes than the other guy, the thinking goes, you deserve to win.

And, you know, that make some perverse kind of sense.

Pat Bankston is a professor at Indiana University School in Gary. He can be reached at patbankston@comcast.net or in care of The Times.

Friday, August 15, 2003

08152003 - News Article - Several political activists may be in hot seat - Special grand jury to investigate vote fraud in Lake County - ROBERT CANTRELL



Several political activists may be in hot seat
Special grand jury to investigate vote fraud in Lake County
NWI Times
Aug 15, 2003
nwitimes.com/news/local/several-political-activists-may-be-in-hot-seat/article_b4ce8e24-32b3-5d6a-aa89-ddeec6fb9675.html
CROWN POINT -- A special Lake County grand jury set to begin work next week will not lack either for witnesses or targets of their investigation into absentee voting fraud.

Lake County Prosecutor Bernard Carter said Thursday he expects the probe to concentrate on three major issues: those who cast illegal votes, those who solicited illegal votes and those who attempted to cover up the fraud following the May 6 primary elections.

Two recount suits that played out in court involving the East Chicago mayoral and Schererville judicial Democratic races already have provided his staff with more than 200 names, excluding the candidates.

Special Lake Superior Court Judge Steven King ruled Wednesday that East Chicago Mayor Robert Pastrick defeated challengers George Pabey and Lonnie Randolph in the spring primary, but also compiled dozens of instances where the activities of Pastrick supporters invalidated nearly 8 percent of all absentee ballots cast in that race.

Superior Court Judge Mary Beth Bonaventura has promised to issue findings by Sept. 5 on whether Schererville Town Judge Deborah Riga's 11-vote victory in the primary will stand. Challenger Kenneth Anderson's legal team alleges it has uncovered violations that should invalidate at least 22 absentee ballots.

Carter said Thursday the grand jury will not only bring overzealous campaign workers under scrutiny, but also voters who knowingly flouted election law.

A number of voters testified in the recount suits they voted absentee for convenience or as a favor to a campaign worker and then falsely marked on their application they would be out of the county or working during the 12 hours when votes can be cast at the polls.

"They could certainly be both witnesses and targets," Carter said, adding that his office is likely to show leniency to those voters who assist in the search for those who systematically violated the law.

Challengers in the East Chicago recount complained they didn't have the time to ferret out all the irregularities and sometimes met with resistance from potential witnesses.

However, Carter said the grand jury has the power to compel testimony, with grants of immunity if necessary, and has a six-month term that can be extended, to measure the breadth and depth of the problems related to mail-in absentee ballots.

Carter said his staff is reading with interest King's 104-page ruling, which names several Pastrick campaign officials and supporters who witnesses say played prominent roles in directing the absentee balloting push, recruiting absentee voters and handling their ballots.

Among them were:
Andrew Callas directed Pastrick's campaign, including the collection and photocopying of more than 1,000 absentee ballot applications at Pastrick campaign headquarters before they were sent on the election board. Callas denied he was monitoring whether potential voters did indeed vote. The photocopies were shredded the day after the election.

Lavones Tolbert, a Democratic precinct committeeman, held weekly meetings with campaign workers, reportedly urging them to procure absentee ballot votes. King said Marque Shelton, who wasn't qualified to vote absentee because he was in Lake County on election day, nevertheless did so and delivered his ballot to Tolbert's campaign headquarters, instead of mailing or personally taking his ballot to an election official.

Lake County Councilman Joel G. Markovich, a precinct committeeman and Pastrick supporter, admitted hiring 40 people to work at the polls. King said this is a common practice that amounts to vote buying since campaign workers are expected to vote for the candidate who hired them. He said the Pastrick campaign provided the money to pay them. Markovich, who owns JGM Enterprises, an East Chicago construction company, reportedly recruited about 25 of his employees to vote absentee.

East Chicago Precinct Committeeman Ramon Guillen recruited, collected and delivered absentee ballot applications in bunches of 14, 43, 19, and the forms reportedly displayed identical handwriting even though applications are supposed to be filled out by the voters themselves. King said Guillen recruited two women as absentee voters one of whom he later admitted was mentally handicapped and another "looked kind of crazy." Guillen appears to have completed the women's ballot applications.

Larry Battle, an East Chicago parks employee, claimed on his absentee ballot to be living in East Chicago, but in fact lived in Gary. He denied he paid any money to recruit absentee ballots, but the judge said Battle's testimony was contradicted by others. Ethel Marie Pace said she was encouraged by Battle to vote absentee and once she marked her ballot she gave it to Battle instead of mailing or personally delivering it to election officials.

Alan "Twig" Simmons, a city employee, was present, according to King, when Lisa Bailey and her mother, Stella Bailey, filled out their ballots. She said Simmons promised to help the two women get jobs and that he would fix Bailey's car. None of the promises were fulfilled. D.B Davis and Tony Davis, who didn't live at the address listed on their applications, later gave their ballots to Simmons, too, as did other absentee voters. King also said Simmons contacted three witnesses in the East Chicago recount suit and attempted to influence their testimony -- telling one of them to feign a lack of knowledge on the witness stand when she was called to testify.

Alfred "Bit-a-man" Rodgers, a Pastrick supporter and unsuccessful candidate for City Council, allegedly promised Glen Pitts $30 to sign an absentee ballot and application, but Pitts never received the money. Greta Eaton said Rodgers was present when she marked her absentee ballot. She said he campaigned throughout East Chicago's housing projects.

Milan Kesic, who manages a temporary employment service and a Pastrick operative, testified at the recount he obtained 90 absentee ballot applications from his employees and could have had more. He denied he paid anyone or promised jobs to anyone to vote absentee or possessed anyone's ballots.

While there are no findings yet in the Schererville recount, testimony during two days of public hearings revolved around irregular ballots that came from the heavily Serbian 10th Precinct, where Bob "Bosko" Grkinich is the Democratic committeeman.

Witnesses, many of whom were elderly and could barely understand English, told the court through an interpreter that Grkinich brought them absentee ballot applications to sign, then hovered in the same room as the voter marked the ballot.

State law forbids the unauthorized possession of completed ballots, the unauthorized possession of unmarked ballots, campaign workers' presence while voters marked and completed absentee ballots and the direct solicitation of a vote for cash. The acts are punishable as Class D felonies that carry a maximum penalty of three years in prison.

Thursday, August 14, 2003

08142003 - News Article - Judge may face investigation into remarks to witnesses in trial - She reportedly told witnesses they didn't have to testify unless they were paid - ROBERT CANTRELL



Judge may face investigation into remarks to witnesses in trial
She reportedly told witnesses they didn't have to testify unless they were paid
NWI Times
Aug 14, 2003
nwitimes.com/news/local/judge-may-face-investigation-into-remarks-to-witnesses-in-trial/article_0e77a4aa-6e2f-58ac-af83-9096d23dd590.html
CROWN POINT -- Lake Superior Court Judge Julie Cantrell may have to answer for off-the-bench remarks she made last month to witnesses in the East Chicago mayoral recount controversy.

Special Superior Court Judge Steven King announced Wednesday in his decision in the recount suit that he has filed a complaint against Cantrell, alleging she may have committed a violation of the Code of Judicial Conduct.

Cantrell declined comment Wednesday on the issue.

Complaints against judges are investigated by the Indiana Commission on Judicial Qualifications.

King presided over eight and a half days of testimony by 165 witnesses before ruling Wednesday that despite widespread vote fraud East Chicago Mayor Robert Pastrick prevailed over his challenger George Pabey in the recount.

King notes at the end of his 104-page ruling that he was informed during the July 22 hearing by court personnel that Cantrell was mingling with other witnesses in the hallway outside his courtroom. She is the daughter of Robert Cantrell, former East Chicago Republican chairman and a witness in the recount suit.

King said he was told Cantrell indicated to witnesses they didn't have to testify unless they had been paid $20 witness fees by the lawyers who subpoenaed them to be there.

King said he later saw newspaper reports July 23 and July 28 in which Cantrell admitted she had made the statement about witnesses not having to testify.

Lawyers for Pabey have argued there was a concerted effort by Pastrick's supporters to cover up their investigation of vote fraud by influencing witnesses.

King said he also has sent evidence to the prosecutor of three Pastrick campaign workers who tried to influence witnesses called by Pabey.

Tuesday, August 12, 2003

08122003 - News Article - EDITORIALS: Limit access to absentee ballots - The issue: Absentee ballots - ROBERT CANTRELL



EDITORIALS: Limit access to absentee ballots
The issue: Absentee ballots
NWI Times
Aug 12, 2003
nwitimes.com/news/opinion/editorial/limit-access-to-absentee-ballots/article_57e7ff67-5cac-56f8-bd01-42e9f74b840c.html
Our opinion: Sure, absentee ballots have their purpose. But make sure controls are tightened to help eliminate the potential for vote fraud.

In East Chicago, Schererville and Calumet City, elections that should have ended long ago are still in limbo because of questions over absentee ballots. The current situations must be addressed, but so must future elections.

State Rep. Chet Dobis, head of the Northwest Indiana delegation, recently called for Lake County Prosecutor Bernard Carter to clean up "blatant vote fraud" and, in so doing, the county's reputation statewide.

Lake County is a laughingstock because of curious things that can happen in its elections. This time, the handling of absentee ballots is at issue.

Absentee ballots gave East Chicago Mayor Robert Patrick the edge over challenger George Pabey. That one's in the courts. So is the Schererville Town Judge race, with incumbent Deborah Riga winning the primary getting 11 more votes than challenger Kenneth Anderson after absentee ballots were counted.

Across the state line, Calumet City Clerk Michelle Markiewicz Qualkinbush and challenger Greg Skubisz are in court after Skubisz got the edge in the general election race for the mayor's office when absentee ballots were counted.

Carter received the blessing of Lake Criminal Court Judge Thomas P. Stefaniak Jr. to empanel a special grand jury to look into absentee ballot fraud and public corruption. It's a good move.

But let's look to the future, not just the 2003 primary election.

Dobis, D-Merrillville, and state Rep. Bob Kuzman, D-Crown Point, have offered to make penalties for violating absentee ballot laws more severe. Illegally receiving an absentee ballot from a voter is a class D felony punishable by a maximum of $10,000 and three years in prison.

That penalty is already stiff. Instead of changing the penalty, lawmakers in Indiana and Illinois should look at how absentee ballots are handled to determine whether laxity in procedures contributes to the potential for vote fraud.

Sure, absentee ballots have their purpose. But make sure they aren't so freely available that they widen the potential for vote fraud.

08122003 - News Article - Schererville: Town judge challenger granted 1-week filing extension - ROBERT CANTRELL



Schererville: Town judge challenger granted 1-week filing extension
NWI Times
August 12, 2003
nwitimes.com/news/local/west-lake-county-news-in-brief/article_ae44671e-9872-5f48-b259-566b586e0011.html
Kenneth Anderson's team of attorneys was granted an extra week by the state Supreme Court to file a rebuttal to an appeal of his court challenge to May's town judge primary.

Anderson lost May's Democratic town judge primary by 11 votes to incumbent Town Judge Deborah Riga. A county judge is weighing evidence of voter fraud Anderson presented in court to determine if the election was tainted enough to intervene. Riga has appealed an earlier decision by the county judge to move forward with the court challenge.

Anderson said his team likely will file a rebuttal by Monday's deadline. Riga's attorneys have maintained that Anderson had his shot at airing accusations of voter fraud before an election panel in June. That election panel voted 2-1 to uphold the election results, despite agreeing that at least four mail-in ballots where cast illegally in the names of people who did not live in Schererville.

Saturday, August 9, 2003

08092003 - News Article - Lawmakers call for election cleanup - Dobis: Lake County can't 'sweep it under the carpet' - ROBERT CANTRELL



Lawmakers call for election cleanup
Dobis: Lake County can't 'sweep it under the carpet'
NWI Times
Aug 9, 2003
nwitimes.com/news/local/lawmakers-call-for-election-cleanup/article_127784af-affd-5a93-8702-e4e1b5f26b51.html
INDIANAPOLIS -- State Rep. Chet Dobis, the leader of a caucus of Northwest Indiana lawmakers, recently called for Lake County Prosecutor Bernard Carter to clean up "blatant vote fraud" in county elections.

In a letter to Carter dated Aug. 5, Dobis, D-Merrillville, said past vote fraud allegations "have been swept under the carpet." He called on Carter to stop this practice by prosecuting Bob "Bosko" Grkinich, who has been accused of organizing vote fraud in the Schererville town judge election.

"This can no longer be tolerated, because it just continues the bad reputation we in Lake County have across the state," Dobis wrote in the letter, obtained Friday by The Times.

"It is time for this to stop, and it is up to you to stop it."

Dobis offered to add teeth to absentee voting laws so that the penalties for "taking advantage of voters in the town of Schererville" become severe enough to deter further actions of fraud. Rep. Bob Kuzman, D-Crown Point, also said current state election laws need to be beefed up to punish violators.

Brad King, director of the Indiana Election Division, said illegally receiving an absentee ballot from a voter is a class D felony punishable by a maximum of $10,000, three years in prison or both. That charge has been made in court challenges to the mayoral election in East Chicago and the town judge election in Schererville.

In one trial, challenger George Pabey hopes to overturn his loss to East Chicago Mayor Robert Pastrick after Pabey won at the polls by 199 votes, but lost by 278 votes after counting absentee ballots.

In the other trial, challenger Kenneth Anderson lost to Town Judge Deborah Riga by 11 votes after absentee vote counting.

Current law on absentee vote applications can lead to court debate over perjury charges, King said.

"It's a question of what the person is swearing to," King said. "Is it the item about why they need to vote absentee or more generally." The ballot requires the voter to swear that they reside in the precinct, at the address stated, and are a registered voter. King said state lawmakers could clarify by extending the sworn information to the whole form, and they could increase the penalties for existing offenses.

Cam Savage, spokesman for Secretary of State Todd Rokita, said Carter agreed to meet with Rokita and state police officials to assist with any vote fraud or witness tampering investigation.

"For the first time, they seem real interested in going after some of this," Savage said of Carter's office. "Todd feels very strongly that the only way to deter this is to put some people in jail." Carter's office could not be reached for comment Friday.

Dobis likewise called on Carter to "show the taxpayers in Lake County that things have changed." Dobis said those with enforcement power must stop election fraud.

"Northern-type politics have creeped into south county, and we need to put a stop to it now," Dobis said of Schererville's election. "This is so blatant we can no longer sweep it under the carpet."

08092003 - News Article - Judge to decide if fraud tainted S'ville election - Riga's attorney says voters who testified want votes to count - ROBERT CANTRELL



Judge to decide if fraud tainted S'ville election
Riga's attorney says voters who testified want votes to count
NWI Times
Aug 9, 2003
nwitimes.com/news/local/judge-to-decide-if-fraud-tainted-s-ville-election/article_075573f0-6a9b-5785-9e5d-5a6a946ef5f0.html
CROWN POINT -- A judge said Friday she will rule within a month on the allegation the Schererville town judge election was stolen from the voters.

Lake County Judge Mary Beth Bonaventura heard testimony this week from 22 witnesses admitting their signatures on absentee ballots were forged, their voting secrecy was compromised and state vote fraud law was violated in the primary between Schererville Town Judge Deborah Riga and challenger Kenneth Anderson.

Anderson has demanded a recount and a reversal of Riga's victory over him by 11 ballots.

Anderson got a majority of votes cast in person May 6 at the polls, but Riga came out on top with the help of a wave of absentee ballots cast before the election.

"They disenfranchised a whole town," Richard Maroc, one of Anderson's attorney, told Bonaventura Friday morning in closing arguments. "Only the courts have the right to redress the rights of people. We ask you do that."

Nick Thiros, one of Riga's lawyers, replied, "This court would have to take a great leap of faith to find fraud in this case. I didn't hear any one of these witnesses say they were intimidated or participated in fraud."

Robert Vann, another of Riga's lawyers, said despite technical violations uncovered by Anderson, the voters who testified said they wanted their votes to count.

Bonaventura said she will give both sides until the end of the month to submit written arguments on the law. She said she will rule the following week whether to confirm Riga as the Democratic nominee or order a special election.

Anderson's legal team said it uncovered more than 100 violations of election laws, including four votes allegedly cast by nonresidents, including three people now living in Illinois.

It argued anyone wishing to steal votes could obtain from county records a poll book listing all registered voters and their addresses and go door to door to determine if they had died or left the area and obtain absentee ballots in their names.

The testimony revealed county election officials rarely purge the rolls of dead, moved or inactive voters and beyond the inexact science of signature comparisons on voting records there is little security built into absentee ballot system.

Many of the irregular ballots came from the heavily Serbian 10th Precinct, where Bob "Bosko" Grkinich is the Democratic committeeman.

Witnesses, many of whom were elderly and could barely understand English, told the court through an interpreter that Grkinich brought them absentee ballot applications to sign, then hovered in the same room as the voter marked the ballot.

Tom Kouros, a political adviser to Riga, attempted to distance her from Grkinich. He said Grkinich was only one of six precinct committeemen "who we thought supported her."

"We were disappointed in (Grkinich.) He didn't show active support. He was more interested in town council races," Kouros said.

Grkinich took the Fifth Amendment on the advice of a criminal defense lawyer Kevin Milner. He refused to answer questions about his role in alleged vote fraud on grounds it might incriminate him.

Maroc, who retired after decades on the bench as a criminal judge, said Grkinich's kept his mouth shut, "probably very wisely."

08092003 - News Article - Special grand jury to probe absentee ballot scandal - Prosecutor's request also wants jury to investigate misappropriation of public funds, official misconduct and public corruption in Lake County - ROBERT CANTRELL



Special grand jury to probe absentee ballot scandal
Prosecutor's request also wants jury to investigate misappropriation of public funds, official misconduct and public corruption in Lake County
NWI Times
Aug 9, 2003
nwitimes.com/news/local/special-grand-jury-to-probe-absentee-ballot-scandal/article_e8794a3b-924b-5d0d-84e4-8ecf7c6ba5d6.html
A criminal court judge has ordered a special grand jury to begin this month looking into absentee ballot fraud and public corruption.

Lake County Prosecutor Bernard Carter is calling a panel of citizen investigators in the midst of revelations from supporters for unsuccessful East Chicago and Schererville primary candidates showing loopholes in the election process that have allowed votes to be cast by people who cannot read English and who don't even live in the state.

Judge Thomas P. Stefaniak Jr. ordered a group of potential grand jurors called for the morning of Aug. 22. They will serve for a term of six months and will hear testimony from witnesses behind closed doors, without the presence of defense lawyers to object to prosecutors' questions.

Carter, who couldn't be reached Friday for comment, publicly called in June for an investigation of vote fraud in East Chicago and Schererville.

Lawyers for East Chicago City Councilman George Pabey argued Friday in a recount suit to overturn Mayor Robert Pastrick's 278-vote victory in the spring Democratic primary that there was "a deliberate, massive effort" to get out the absentee vote through intimidation, coercion and outright bribery of voters.

In a nearby courtroom, lawyers for Kenneth Anderson were making the same argument Friday regarding the Schererville town judge race this spring where incumbent Judge Deborah Riga lost at the poll, but won by a 11 votes thanks to a wave of absentee ballots in her favor.

Anderson's legal team said they found more than 100 violations of election laws, which include forged signatures on behalf of elderly Serbian Americans with so little knowledge of English an interpreter was needed to have their testimony understood.

"The fraud was more than pervasive," Ed Hall, one of Anderson's team, said in closing arguments.

The recount suits could overturn the election results, but a grand jury could seek criminal sanctions against people identified as collecting improper absentee ballots for campaigns.

Pabey's legal team alleges those included Andrew Callas, County Councilman Joel Markovich, D- East Chicago, and East Chicago city employee Allen "Twig" Simmons.

Anderson's team pointed to Schererville Democratic Precinct Committeeman Bob "Bosko" Grkinich who took the Fifth Amendment rather than answer questions that might incriminate him.

Pastrick's and Riga's supporters said they have done nothing wrong.

Absentee ballots may only be legally cast by voters who will be outside of the county on election day or are incapacitated by injury or illness or have jobs that will keep them from the polls during the 12 hours they are opened for voting.

However, a witnesses in the Schererville recount suit admitted Friday they didn't qualify for absentee ballots, but had only applied for and filled them out as a favor to Grkinich, who had collected them. State law requires absentee ballots can only be mailed to the county or delivered by a family member or a member of a county election traveling board.

Carter's petition for a special grand jury also alleges his office "has further received information concerning the misappropriation of public funds in Lake County, Indiana, that include allegations of official misconduct and public corruption."

The petition gives no other details, but county, township and municipal officials already have been under scrutiny for more than a year by the U.S. Attorney's office and federal grand juries investigating public corruption.

Thursday, August 7, 2003

08072003 - News Article - Accusations fly in judge race trial - Riga's attorney said she had no influence over accused vote stealer - ROBERT CANTRELL



Accusations fly in judge race trial
Riga's attorney said she had no influence over accused vote stealer
NWI Times
Aug 7, 2003
nwitimes.com/news/local/accusations-fly-in-judge-race-trial/article_25caad59-1b3d-5e9f-b308-ef84ad5edd64.html
CROWN POINT -- After saying the Schererville town judge race "will go down in history as the most corrupt," lawyers for contender Kenneth Anderson lined up a dozen witnesses who either didn't know they voted or said someone else voted for them.

In addition, Anderson's defense team grilled a stone-faced Bob "Bosko" Grkinich on his alleged role in several cases of blatant voter fraud, accusing him of voting for other people, forging mail-in ballot applications and looking over the shoulder of elderly residents while they voted in their own home.

Grkinich, a precinct committeeman and failed candidate for other seats, refused to answer any of the questions, invoking his constitutional right to not incriminate himself.

Anderson's attorneys brought about 20 witnesses to the stand during Wednesday's trail, the first day in his court challenge to May's Democratic primary, which he lost to incumbent Town Judge Deborah Riga by 11 votes. Anderson is trying to convince a county judge that Grkinich strong-armed people to vote for Riga and orchestrated a scheme to vote in the names of other people.

Lake Superior Court Judge Mary Beth Bonaventura could order a new election in individual precincts or the entire town if she buys his case. Anderson is focusing on mail-in ballots. He won at the polls, but Riga pulled off the win once absentee ballots where counted.

The testimony and mounting evidence of voter fraud apparently became too much at one point for Riga, who burst into tears during a court break. Her attorney, Robert Vann, said Riga had nothing to do with Grkinich and his alleged tactics.

"She had absolutely no knowledge of this," he said when the hearing was over. "She never asked (Grkinich) to campaign for her."

Anderson's defense team made several attempts to show a link between Grkinich and the election winner.

They presented a picture taken from Riga's campaign literature, showing the two posed together with other unknown individuals.

A precinct committeeman who supported Anderson told the judge he saw Grkinich two days after the election leaving Riga's office.

"When he walked by me, he said, 'well I had to come by and congratulate the winning lady,' " said Thomas Schmitt.

However, one resident testified Grkinich told him he was campaigning for Robert Phares, who ran against and lost to incumbent Town Trustee Steve Kil in the Democratic primary.

Perhaps the strongest evidence of voter fraud came from six witnesses who where clueless about ballots requested, voted and counted in their name. Three of the ballots where mailed to Grkinich's mother's house. Another was in the name of Grkinich's cousin.

Additionally, two elderly woman said they signed their ballots, but Grkinich voted for them. Another elderly woman said she didn't know who voted her ballot, but she knew it wasn't her.

Another three witnesses said they applied for an absentee ballot, but asked relatives to vote for them without properly indicating that on the ballot.

One person said they got a ballot and voted but never formally requested an application.

In all of those instances, the ballot would be considered illegal under state and federal law. Also in every case, the witnesses said Grkinich was a family friend they met at the local Serbian church, St. George.

Many of them said Grkinich was present when they voted and several said Grkinich took the ballots from them afterwards.

Absentee ballots are supposed to be voted in secret and mailed by the voter.

On Wednesday, Anderson's attorneys said they secured statements from two other Schererville residents. Those statements will be admitted Friday.

One person is in the hospital, but his deposition is expected to indicate that he never asked for or voted a ballot that was counted in his name. The other person, Jovanka Blesich, invoked her constitutional right to not incriminate herself on Wednesday. Anderson presented utility records in June to an election panel apparently showing Blecish had lived in Crown Point when a ballot in her name was counted in May.

Anderson is focusing his investigation on the 10th Precinct, which is in the east side Novo Selo Neighborhood, a predominantly Serbian neighborhood.

Riga's attorney said the clearly fraudulent votes should be thrown out, but asked Bonaventura to not trash votes for petty reasons.

"If there are people who want their vote to be counted, it should be counted," Vann said.

Four of the voters -- mostly those who authorized family members to vote for them --- said they wanted their ballots to still be counted.

Bonaventura set aside Monday to wrap up the trial if it doesn't finish Friday.

Wednesday, August 6, 2003

08062003 - News Article - EDITORIALS: Clean up this voting process - The issue: Election fraud - ROBERT CANTRELL



EDITORIALS: Clean up this voting process
The issue: Election fraud
NWI Times
Aug 6, 2003
nwitimes.com/news/opinion/editorial/clean-up-this-voting-process/article_bac0d3a5-994d-5c3f-ab21-43ac0c2c9e10.html
Our opinion: Do the political powers that be want to perpetuate this system the way it is? After all, voter fraud can keep them in cushy jobs at taxpayer expense.

Is this illegal travesty ever going to end? People who don't live here anymore still vote. People who are in their graves still vote. People who are in jail still vote. By some estimates, that represents 30 percent of the people on voter registration lists.

The abuse of absentee ballots is so rampant here that each election cycle sees complaints of voter fraud. This time, those allegations were serious enough to end up in court. Long-time East Chicago mayor and Democratic czar Robert Pastrick and Schererville Town Judge Deborah Riga are on the judicial hot seat over allegations of voter fraud involving absentee ballots.

Well, that's Lake County, many say with a perverse sense of pride that justifies the political shenanigans that define life in the region.

Well, this is wrong and it has to stop. Right, but there are excuses galore for why it has not stopped.

The excuse that crops up most frequently is lack of resources to check voting registration records. County election officials say they do not have enough staff or time to handle the workload of verifying registrations, let alone oversee the elections printing ballots and filing campaign records.

So, add to the cadre of temporary workers to handle the crunch.

We're tired of the excuses and blatant disregard for laws and decency that allow voter fraud to continue here. Or do the political powers that be want to perpetuate this system the way it is?

After all, voter fraud - whether at the polls or through absentee ballots - can work to their advantage, keeping them in cushy jobs at taxpayer expense. And the political IOUs they collect throughout their political careers ensure they stay in office.

Hopefully, recent federal election law changes will eliminate the loopholes that schemers use to get their candidate in office. Unfortunately, that federal law won't be in effect until 2006.

It is frightening to think what new schemes some shady political party workers can come up with before then to continue to thwart the voting process.




08062003 - News Article - Town judge election trial convenes at high noon - Challenger Anderson says case on vote fraud is stronger this time around - ROBERT CANTRELL



Town judge election trial convenes at high noon
Challenger Anderson says case on vote fraud is stronger this time around
NWI Times
Aug 6, 2003
nwitimes.com/news/local/town-judge-election-trial-convenes-at-high-noon/article_3051714a-8216-52b8-aeaf-2384d6480a94.html
SCHERERVILLE -- Town judge contender Kenneth Anderson will roll out his case today that an organized scheme to vote in the names of other people stole May's Democratic primary from him.

Anderson lost by 11 votes to incumbent Town Judge Deborah Riga, who pulled the marginal victory with overwhelming support from mail-in ballots. For months Anderson has been trying to prove many of those ballots where illegally voted by one person: Bob "Bosko" Grkinich, a local precinct committeeman.

An election panel rejected Anderson's accusations in June despite agreeing that four absentee votes were in the names of voters who left Schererville years ago.

An election panel rejected Anderson's accusations in June despite agreeing that four absentee votes were in the names of voters who left Schererville years ago.

Since that ruling, Anderson has questioned nearly 30 voters including Grkinich and some of his relatives.

"We have some pretty good evidence," Anderson said Tuesday.

Through those depositions, Anderson's attorneys said they have established at least eight instances of blatant voter fraud and have outlined a connection between them, showing an orchestrated effort to throw the election.

Riga and Grkinich have not returned numerous phone calls over the past five weeks.

During the election panel hearings in June, Anderson's attorney showed that three absentee voters had moved to Norridge, Ill., in fall 2001. He also presented utility records showing another mail-in voter actually lived in Crown Point.

Applications in the names of the Illinois residents directed the ballots be sent to Grkinich's mother's house in Crown Point.

The Illinois voters told Anderson during questioning in late July that they knew nothing about the ballots. Grkinich refused to answer Anderson's questions about the ballots, instead invoking his constitutional right to not incriminate himself, Anderson's attorneys said.

John Craig, one of Anderson's attorneys, has said they've uncovered at least four additional instances of voters either unaware of ballots in their name or not voting their own ballots.

The hurdle for Anderson to clear today is high.

He must show the fraud was so rampant it makes it impossible to determine who won the election, according to state law.

If Lake Superior Judge Mary Beth Bonaventura rules in his favor, she can order a new election in the town or the precinct Anderson proves the fraud epidemic occurred, state election officials say. Anderson has focused his investigation on the 10th Precinct, in the east side Novo Selo neighborhood.

Anderson said Tuesday he has asked nearly 20 people to testify in court today. Bonaventura has marked Friday for the trial to continue on if needed.

Riga's attorneys already have appealed the court challenge to the state Supreme Court, and Bonaventura repeatedly has denied Riga's attempts to have the case thrown out.

Robert Vann, Riga's attorney, has tried to convince Bonaventura the court challenge violated state deadlines. Vann also contends Anderson had his chance during the election panel hearings in June.

Bonaventura has set Aug. 22 for Anderson's appeal to that panel's vote. And Anderson's rebuttal to Riga's Supreme Court appeal is due in by Monday.

The outcomes of these court hearings likely will determine who will deal out justice for petty crimes and traffic violations in Schererville for the next four years.

The Republicans have failed to field a candidate for November's general election.

Sunday, August 3, 2003

08032003 - News Article - Behind the voting curtain - Corrupt operatives use loopholes to steal offices - ROBERT CANTRELL



Behind the voting curtain
Corrupt operatives use loopholes to steal offices
NWI Times
Aug 3, 2003
nwitimes.com/news/local/behind-the-voting-curtain/article_23cd4c05-9247-5220-867c-306f6ce63c21.html

An over-inflated list of registered voters coupled with impotent laws and an inundated election department make it easy for corrupt political operatives to vote early and vote often in Lake County.

Evidence of illegal voting has been seeping out of election battles in East Chicago and Schererville since May's primary. And for years, the regular news after elections has been accusations of absentee ballot chicanery.

The propensity for voter fraud may continue because the ability to steal an election is rooted deep in election law and policy. Those concerned about voter fraud are hoping programs in the works will help quell impostor voting, but those solutions are at best years away.

The facets of election law and policy that bring about the capacity to steal votes are twofold.

First, the list of people allowed to vote is still swollen with the names of those that have either moved or died. Second, state law and an over stretched election department make it easy for corrupt campaigners to vote in the name of people not purged from the list.

Some estimates say 30 percent of the people on voter registration lists have either moved, died or gone to jail, said Julia Vaughn, policy director of Indiana's Common Cause, a watchdog group.

Meanwhile, state law directs the county to provide campaigners a list detailing the name and address of every registered voter. So, by canvassing a neighborhood it is easy to spot who's moved or died but is still listed as eligible to vote.

At the same time, voting in those people's names through the mail is almost as simple.

The only information routinely screened when an absentee ballot is requested is the same information given to the campaigners. The signature - one of few real safeguards in the process - is often not compared to the original voter registration card by election department staff, who are usually swamped with ballot requests, director Sally LaSota and other county election officials said.

State law does not require that initial security measure be taken so the lapse can allow forged applications to slip by undetected, with ballots sent out to anywhere a scheming campaigner chooses.

"I think it always would be a good idea to check that signature," said Kristi Robertson, co-director of the secretary of state's election division. "That is the only way we verify the voter is who they say they are."

Furthermore, during absentee ballot counting, state law requires the signed ballot only be checked against the signed application, again ignoring the original registration signature. The vast majority of registrations do not have identification numbers, a security process that only began this year.

"It appears someone has taken advantage of exactly that," said election board attorney Bruce Lambka, who is working on the contested Schererville town judge primary. "You're going to get people who find the weaknesses in the system."

Three members of the Drljaca family are recorded as voting via mail in May's Democratic Schererville town judge primary. The Drljaca family moved from its Schererville home to Norridge, Ill., two years ago. Regardless, the ballots were mailed to a home in Crown Point, filled out, mailed back and counted. The Drljaca family has testified it knew nothing about the ballots.

It is perhaps the strongest evidence Schererville town judge contender Kenneth Anderson has to support his claim that voter fraud contributed to his 11-vote loss to incumbent Judge Deborah Riga.

Similar allegations of voter fraud have cropped up during a court challenge to East Chicago's Democratic Party mayoral primary, in which eight-term incumbent Robert Pastrick defeated City Councilman George Pabey.

While the problem and its effects are clear, the blame is diluted.

State and federal election laws are forged in heated debates between two opposing concerns - making voting easy and ensuring honest elections.

"That is the tightrope we must walk," Vaughn said. "You don't want the county making a decision that takes a registered voter off the rolls in error."

Inflated voter registration lists
The federal motor voter law, which many officials blame for bloated registration logs, passed in 1993 through a similar bout. The law made voter registration available in more places, including drivers licensing facilities.

The election law overhaul also outlawed most techniques used to clear dead weight from voter logs, creating an obese book riddled with the names of voters who have moved, died or been jailed in the past eight years, officials said.

LaSota said the list is gushing with extra votes that could be stolen.

"It is just something we deal with," she said.

Instead of regularly purging the list of inactive voters as done previously, election officials are now supposed to network with other government agencies to identify voters that have moved or died. However, the system has turned into a dismal alternative, with information rarely being exchanged, Robertson and other election officials said.

The only immediate fix LaSota sees is sending a postcard to every registered voter for verification. The mass mailing would cost at least $60,000 each time, an expense that would need county council approval, officials said.

A new statewide computerized list connected to coroners' offices and utility records may help eliminate invalid names from the rolls. That system probably won't be running until July 2006, Robertson said.

Sign here
Many officials and observers blame the election department's lack of staff, money and time for the porous safeguards that cover voting by mail. State law requires absentee ballots be mailed out within 24 hours from the time applications are received.

Officials said the requirement forces the election staff to speed through the verification process because the office, at times, receives hundreds of applications a day.

"It gets really crazy in here," LaSota said.

In addition, many original signatures are stashed deep in the bowels of the county election department's filing cabinets.

When they can, LaSota said staff members do their best to compare the ones that have been scanned into a computer database. When they do come across a gross discrepancy, state law instructs them to error on the side of the voter.

"We are not handwriting experts," LaSota said.

The weak safeguards prompted Michael McPhillips, assistant director of the elections department, to ask some staff members this year to "go the extra step" and eyeball the scanned signatures, he said.

Scrutinizing all the signatures with a day time limit is an impossible task for the county's staff of 24, which oversees elections, as well as verifying registrations, printing ballots and filing campaign records, said Lambka, an election board attorney.

"There may just physically not be enough people and enough time to (check all the signatures)," he said.

Some outside observers also said the departments are hampered by limited resources.

"It is a problem," said Edith Dallinger, president of Indiana's League of Women Voters. "Almost without exception, the election offices are very heavily worked and not very liberally funded."

The apparent cracks in election law have spurred political figures and good government groups alike to call for a solution.

Vaughn said state lawmakers could solve the problem.

"It might make sense to go back and take a look at the statutes and give counties more flexibility in terms of turnaround early in the process," she said. "Preserving the sanctity of elections is the most important thing that that office (the county election board) will do."

Political leaders want fix
Both county party chiefs agree a voter list filled with ghost voting opportunities begs for repair.

"Until we can purge the list and clean it up, we will keep having these problems," said John Curley, chairman of the Lake County Republican Party.

Lake County Auditor Stephen Stiglich, chairman of the Lake County Democratic Party, said it may be an issue for the state Legislature to address, and he added that properly punishing those caught stealing ballots will ultimately deter the practice.

"The word would get out that you better not monkey around," Stiglich said. "If there were people in this past primary that did it I think those people should be taken to the county prosecutor. They should be dealt with swiftly."

Saturday, August 2, 2003

08022003 - News Article - Town judge contest moves on - Trial on voter fraud allegations in Shererville set to start Wednesday - ROBERT CANTRELL



Town judge contest moves on
Trial on voter fraud allegations in Schererville set to start Wednesday
NWI Times
Aug 2, 2003
nwitimes.com/news/local/town-judge-contest-moves-on/article_18c5fb1c-3dc6-54a3-8814-ceadc7f04e2a.html
CROWN POINT -- The court challenge to Town Judge Deborah Riga's 11-vote win in Schererville's judge primary election will move forward next week despite numerous pleas from Riga to divert the coming hearings on voter fraud.

Lake Superior Court Judge Mary Beth Bonaventura rejected Riga's petition on Friday to stop the court challenge on the basis that fraud evidence should be heard in another venue.

Opponent Kenneth Anderson lost to Riga in May's Democratic primary. Since then he has been trying various legal challenges to overturn the vote count on the basis of voter fraud.

Anderson has pinpointed four cases of mail-in ballots being voted in the names of people not living in Schererville. Last week, he and his attorneys questioned nearly 30 absentee voters and people accused of vote stealing. Through those testimonies, Anderson's attorneys said they've identified at least four additional cases of clear voter fraud.

Anderson is hoping to convince Bonaventura during trial next week that an organized scheme to taint and strong arm mail-in ballots stole the election from him. Bonaventura could then order a new election in the town, or at least in the east side precinct where Anderson believes fraud was prevalent.

Riga's attorneys asked Bonaventura to throw out the case on Wednesday, or to at least hold off the trial until the state Supreme Court rules on her appeal. Bonaventura immediately shot down the idea of halting the trial and ruled Friday to move forward with it all together.

The trial will start Aug. 6.

Robert Vann, Riga's attorney, told Bonaventura on Wednesday that Anderson's fraud evidence had its day in court during an election panel recount in June. The panel voted 2-1 to uphold the votes, saying Anderson's proof of four illegal mail-in ballots did not prove pervasive fraud that threw the election.

Anderson's appeal to that vote is scheduled for Aug. 22 in front of Bonaventura. Anderson's attorneys said Wednesday the depositions taken last week will strengthen their case.

"We've discovered some things -- things that should be brought into the court of law," Anderson's attorney Richard Maroc told Bonaventura on Wednesday.

Riga's attempt to throw out the case Wednesday came two weeks after Bonaventura rejected her original petition to stop the court challenge. In that move, Vann argued that Anderson had missed a state mandated deadline to start the trial.

Riga also asked the state Supreme Court last week to force Bonaventura to stop the trail. The Supreme Court declined to, but her appeal is set to move forward at some point after Aug. 11, which is the deadline for Anderson to file his rebuttal.