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For Immediate Release:  
For Further Information:
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March 23, 2009  

Peter Aseltine
609-292-4791

Office of The Attorney General
- Anne Milgram, Attorney General
Division of Criminal Justice
- Deborah L. Gramiccioni, Director

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Campaign Worker Indicted for Allegedly Changing Votes on Absentee Ballots in 29th District Races for State Legislature

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TRENTON - Attorney General Anne Milgram and Criminal Justice Director Deborah L. Gramiccioni announced that a Newark man was indicted today for changing votes on absentee ballots that he collected as a campaign worker for the 2007 campaign of Teresa Ruiz for the New Jersey Senate in the 29th District.

According to Director Gramiccioni, the Division of Criminal Justice Corruption Bureau obtained a state grand jury indictment charging Antonio Santana, 58, of Newark, with election fraud (2nd degree), absentee ballot fraud (3rd degree), tampering with public records or information (3rd degree) and forgery (4th degree).

The indictment alleges that Santana, whose job as a campaign worker for Ruiz included soliciting absentee ballots, changed the votes on three absentee ballots that he collected from members of one family in October 2007. The family members filled in the circles on the ballots in pencil to vote for independent candidates Luis A. Quintana for Senate, Bessie Walker for Assembly, and Carlotta Hall for Assembly. They gave the sealed ballots to Santana.

Santana allegedly unsealed the ballots, erased their votes and changed the votes on each of the ballots to the three Democratic candidates for the 29th District, Ruiz for Senate, Grace Spencer for Assembly, and Albert Coutinho for Assembly. The alleged fraud came to light when the Post Office inadvertently returned the absentee ballots to the family. The family alerted Quintana’s campaign office.

“We charge that this defendant violated the integrity of the election process and betrayed the trust of these voters, denying them their right to vote for the candidates of their choice,” said Attorney General Milgram. “Election fraud is a serious crime. We will not tolerate any attempts to unlawfully manipulate elections in New Jersey.”

Senator Ruiz and her campaign staff cooperated fully in the investigation.

The investigation was conducted and coordinated by Sgt. James Scott, Sgt. Warren Monroe, Detective Timothy Herron and Deputy Attorney General Vincent Militello of the Division of Criminal Justice Corruption Bureau. Deputy Attorney General Militello presented the case to the state grand jury.

Second-degree crimes carry a maximum sentence of 10 years in prison and a $150,000 fine, while third-degree crimes carry a maximum sentence of five years in prison and a $15,000 fine. Fourth-degree crimes carry a maximum sentence of 18 months in prison and a $10,000 fine.

The indictment was handed up to Superior Court Judge Maria Marinari Sypek in Mercer County, who assigned the case to Essex County, where Santana will be ordered to appear in court at a later date to answer the charges.

The indictment is merely an accusation and the defendant is presumed innocent until proven guilty.

Attorney General Milgram and Director Gramiccioni noted that the Division of Criminal Justice - Corruption Bureau has established a toll-free Corruption Tipline for the public to report corruption, financial crime and other illegal activities. The statewide Corruption Tipline is 1-866-TIPS-4CJ. Additionally, the public can log on to the Division of Criminal Justice Web page at www.njdcj.org to report suspected wrongdoing. All information received through the Division of Criminal Justice Corruption Tipline or Web page will remain confidential.

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