Arizona Couple Indicted for Fraudulent Voting During the Presidential Election

TUCSON, AZ—A federal grand jury returned a five-count indictment against James A. Marshall, 63, and Karen S. Marshall, 56, both of Green Valley, Ariz., for Conspiracy to Commit Fraudulent Voting and Fraudulent Voting. The indictment alleges that the Marshalls voted in more than one state during the November 2008, U.S. Presidential election.

The pair will receive a summons to appear for an arraignment on the charges in U.S. District Court in Tucson, on August 6, 2009, at 11:00 a.m. before U.S. Magistrate Judge Jacqueline Marshall.

The indictment alleges that James and Karen Marshall voted in both Kansas and Arizona, by way of early ballot, for the November 2008, general election. According to the indictment, the Marshalls represented that they were residents of Arizona on the Arizona early ballot application, and, around the same time, also represented they were residents of Kansas on the Kansas early ballot application. As a result of their representations, the Marshalls received ballots from both Arizona and Kansas. The Marshalls returned their Arizona ballots after signing a sworn statement that they reside in Arizona, and had not voted “and will not vote in this election in any other state during the calender year of this affidavit ....” After voting in Arizona, the Marshalls then returned their Kansas ballots and affirmed that they were legal residents of Kansas.

A conviction for Conspiracy carries a maximum penalty of five years in federal prison, a $250,000 fine or both. A conviction for Fraudulent Voting carries a maximum penalty of five years, a $250,000 fine or both. In determining an actual sentence, the assigned judge will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

This investigation preceding the indictment was conducted by the Federal Bureau of Investigation. The prosecution is being handled Raymond K. Woo and Leta H. Hollon, Assistant U.S. Attorneys, District of Arizona, Phoenix.