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For Immediate Release:  
For Further Information:
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June 12, 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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Third Campaign Worker Charged with Voter Fraud in Atlantic City Mayoral Primary

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TRENTON – Attorney General Anne Milgram and Criminal Justice Director Deborah L. Gramiccioni announced that a third worker for the mayoral campaign of Atlantic City Councilman Marty Small was charged today with voter fraud.

On June 5, two other workers for Small’s campaign were charged with tampering with applications for messenger ballots and fraudulently submitting those ballots as votes for Small’s ticket in the June 2 primary election. Messenger ballots are intended for homebound voters.

According to Director Gramiccioni, Floyd Tally, 39, of Atlantic City, was 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.

A warrant was issued last night for Tally’s arrest. His bail was set at $50,000.

Last week, David K. Callaway, 45, of Pleasantville, and Luquay Q. Zahir, also known as “Q,” 34, of Atlantic City, were charged in the case. They face the same charges as Tally. Zahir was arrested, but was freed after posting $50,000 bail. An arrest warrant was issued for Callaway, who remains a fugitive.

“We are continuing this investigation to identify everyone who was involved in ballot tampering and voter fraud in the Atlantic City primary,” said Attorney General Milgram. “We will not tolerate any attempt to manipulate elections in New Jersey.”

Tally, 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 men allegedly submitted the applications to the county board of elections to obtain messenger ballots.

It is alleged that Tally, while acting as the designated messenger for a ballot, unlawfully directed the voter to vote the ballot for Small and/or the Small ticket.

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 Tally, 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. The three men designated themselves as the authorized messengers on the applications and filed them with the board of elections for absentee ballots to be generated.

Tally allegedly fraudulently completed and submitted more than 130 messenger ballot applications; Callaway, more than 130; and Zahir, more than 100.

Callaway and Zahir are also charged with voter fraud for 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. It is alleged that Callaway submitted at least five fraudulent messenger ballots, and Zahir, at least six.

Like Tally, Callaway is further charged with a count of second-degree voter fraud because it is alleged that, while acting as the designated messenger for a ballot, he unlawfully directed the voter to vote the ballot for Small and/or the Small ticket.

“If any voters believe they were denied their right to vote as a result of fraud, we urge them to contact the Division of Criminal Justice’s confidential tip line, 1-866-TIPS-4CJ,” said Director Gramiccioni.

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, the State Police Organized Crime Control Bureau, and the Atlantic County Sheriff’s Department.

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, in addition to using the toll free tip line, the public can log on to the Division of Criminal Justice Web page at www.njdcj.org to report suspected election fraud. All information received through the Division of Criminal Justice tip line or Web page will remain confidential.

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