TRENTON
– Attorney General Anne Milgram and
Criminal Justice Director Deborah L. Gramiccioni
announced that two workers for the mayoral
campaign of Atlantic City Councilman Marty
Small were charged with tampering with applications
for messenger ballots, which are intended
for use by homebound voters, and fraudulently
submitting messenger ballots as votes for
Small and the Small ticket in the June 2 primary
election.
According
to Director Gramiccioni, David K. Callaway,
45, of Pleasantville, and Luquay Q. Zahir,
also known as “Q,” 34,
of Atlantic City, were each charged by complaint
with voter fraud (2nd degree), voter fraud
(3rd degree), and tampering with public documents
or records (3rd degree). The charges are the
result of an investigation by the New Jersey
State Police and the Division of Criminal
Justice.
Zahir
was arrested today at an apartment on North
Virginia Avenue in Atlantic City. An arrest
warrant has been issued for Callaway, who
remains a fugitive. Bail has been set at $50,000
for each man.
“These
men unlawfully tampered with messenger ballots
and fraudulently submitted ballots as votes
for Small from people who, in fact, never
received the ballots and were never given
the opportunity to exercise their right to
vote,” said Attorney General Milgram.
“Election fraud is a serious crime.
We will aggressively prosecute anyone who
tries to disenfranchise voters in New Jersey.”
Callaway
and Zahir are charged with soliciting applications
for messenger ballots from individuals not
qualified to receive them and illegally designating
themselves as the authorized messengers. The
two men allegedly submitted the applications
to the county board of elections to obtain
messenger ballots. It is alleged that they
committed voter fraud by submitting a number
of the ballots to the board of elections as
votes for Small on behalf of voters who, in
fact, never received or voted the ballots.
The investigation revealed that Callaway submitted
at least 5 fraudulent messenger ballots, and
Zahir submitted at least 6 fraudulent messenger
ballots.
Callaway
is charged with an additional count of second-degree
voter fraud because it is alleged that, while
acting as the designated messenger for one
ballot, he unlawfully directed the voter to
vote the ballot for Small. -
Messenger
ballots are for use only by those who are
homebound due to illness, infirmity or disability.
Such persons can complete an application designating
a messenger who is a family member or a registered
voter in the county. The messenger is thereby
authorized to obtain an absentee ballot from
the county board of elections, take it to
the voter, and return a completed ballot to
the county board.
The
investigation revealed that Callaway and Zahir
fraudulently completed messenger ballot applications
by having voters who were not qualified sign
the applications requesting the services of
a messenger, but not having the voters designate
the messenger and, in some instances, instructing
the voters not to designate the messenger.
Callaway and Zahir designated themselves as
the authorized messengers on the applications
and filed them with the board of elections
for absentee ballots to be generated. Callaway
allegedly fraudulently completed and submitted
more than 130 messenger ballot applications,
and Zahir, more than 100.
“We
will thoroughly investigate any allegations
of voter fraud in New Jersey and pursue the
evidence wherever it leads us,”
said Director Gramiccioni. “This
investigation is continuing.”
The
case is being investigated by the New Jersey
State Police Official Corruption Bureau South
Unit and the Division of Criminal Justice
Corruption Bureau. They have been assisted
by the New Jersey State Police Official Corruption
Bureau North Unit, the State Police Intelligence
Management Bureau, the State Police Casino
Gaming Bureau and the State Police Organized
Crime Control Bureau.
The
case is being handled for the Division of
Criminal Justice by Deputy Attorney General
Robert Czepiel Jr., Deputy Attorney General
Asha Vaghela, Deputy Attorney General Anthony
Picione, who is deputy chief of the Corruption
Bureau, and Deputy Attorney General Peter
Lee.
Second-degree
crimes carry a maximum sentence of 10 years
in state prison and a criminal fine of $150,000,
while third-degree crimes carry a maximum
sentence of five years in state prison and
a $15,000 fine.
Because
the charges are indictable offenses, this
case is subject to presentation to a grand
jury for potential indictment. The charges
are merely accusations and the defendants
are 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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