– 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.
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.
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
warrant was issued last night for Tally’s
arrest. His bail was set at $50,000.
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.
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.”
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
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.
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.
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
allegedly fraudulently completed and submitted
more than 130 messenger ballot applications;
Callaway, more than 130; and Zahir, more than
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.
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.
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.
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
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
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.
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.
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.