Election Fraud Cases

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StateWest VirginiaYear2023NameJon Cole CooperCase TypeCriminal ConvictionFraud TypeDuplicate Voting

Jon Cooper was charged in Randoph County with one misdemeanor count of illegal voting after voting twice in the 2020 General Election. He voted in West Virginia and again in New Mexico. He pleaded guilty and was fined $500.

Source: herit.ag/3LkzsXK , herit.ag/3ZkpdZt , herit.ag/4697Fl9

StateWest VirginiaYear2023NameSamuel Robert SinkCase TypeDiversion ProgramFraud TypeDuplicate Voting

Samuel Robert Sink was charged by the state with one misdemeanor count of illegal voting after voting in Mercer County and in another state in the same election. He agreed to enter a diversion program for a period of 24 months during which time prosecution for voting twice would be deferred. Upon successful completion of the program, no criminal prosecution will be brought.

Source: herit.ag/3PCKoTf

StateWest VirginiaYear2023NameDarrell Sharp IICase TypeCriminal ConvictionFraud TypeIneligible Voting

Darrell Sharp II was charged by the state in Fayette County with one count of unlawful registration and one count of illegal voting after voting in the 2022 General Election, despite being ineligible as a felon on probation. He voted at the DMV, but his ballot was challenged and not counted by the Fayette County Board of Canvassers. Sharp subsequently attempted to register to vote at the DMV. Sharp was found guilty by a jury of the misdemeanor illegal voter registration charge. He was sentenced to one year in jail and fined $1,000.

Source: https://herit.ag/3GbsktW , https://herit.ag/46snqDx

StateWest VirginiaYear2023NameJudy TaylorCase TypeDiversion ProgramFraud TypeIneligible Voting

Judy Taylor was charged by the state in Mingo County with one misdemeanor count of false swearing on an absentee ballot application after applying for an absentee ballot on behalf of a non-resident during the 2020 General Election. She completed an application for an absentee ballot for an ineligible non-resident, despite state law only permitting voters to apply for an absentee ballot. Taylor pleaded no contest to one count of false swearing and entered a pre-trial diversion program for one year.

Source: https://herit.ag/3KecxwP , https://herit.ag/47bCUx2

StateWest VirginiaYear2023NameRichard FoxCase TypeCriminal ConvictionFraud TypeDuplicate Voting, Fraudulent Use Of Absentee Ballots

Richard Fox was charged by the state with one count of illegal voting after voting twice in the 2020 General Election. Fox voted by absentee ballot in Florida and then again by absentee ballot in West Virginia. He pleaded guilty to one misdemeanor charge of illegal voting and was sentenced to one year in jail, which was suspended for one year of probation, and fined $1,000.

Source: https://herit.ag/3rOCSLy , https://herit.ag/3KecxNl , https://herit.ag/47c9cbA

StateWest VirginiaYear2023NameJack Wilson VaughanCase TypeCriminal ConvictionFraud TypeDuplicate Voting, Fraudulent Use Of Absentee Ballots

Jack Vaughan was charged by the state in Kanawha County with one misdemeanor count of illegal voting after voting twice in the 2020 General Election. He voted once by absentee ballot in West Virginia and again by absentee ballot in Florida. He pleaded guilty and was fined $100 plus court costs.

Source: herit.ag/48bON6J, herit.ag/3ZmNdei

StateWest VirginiaYear2022NameKathryn NestorCase TypeCriminal ConvictionFraud TypeBallot Petition Fraud

Kathryn Nestor, of Vienna, was charged with one count of false swearing after signing the names of other registered voters on a mayoral nomination petition during the 2020 Vienna municipal election. Nestor pleaded no contest to the misdemeanor charge and was sentenced to ten days in jail which was suspended, 6 months of probation, and fined $50.

Source: https://herit.ag/3VjqmNz

StateWest VirginiaYear2021NameTimothy Aaron MetzCase TypeDiversion ProgramFraud TypeBallot Petition Fraud

Timothy Metz, a candidate for the Morgantown City Council, falsified 21 signatures of voters for his nomination petition, including one deceased person. He pleaded guilty to one count of falsely filing a certification of nomination and was sentenced as part of his plea agreement to a pre-trial diversion program with a 24 month period of supervised probation.

Source: https://herit.ag/3l6slpx

StateWest VirginiaYear2021NameElizabeth DurhamCase TypeCriminal ConvictionFraud TypeFalse Registrations

Elizabeth Durham was charged with 5 felonies after attempting to change the voter registration of a deceased West Virginia voter. Durham pleaded no contest to one charge of petit larceny and one charge of unlawful voter registration and was sentenced to 30 days in jail, which was suspended to 6 months of probation.

Source: bit.ly/3qwJ5Yf

StateWest VirginiaYear2020NameTess Alayna BishopCase TypeCriminal ConvictionFraud TypeIneligible Voting

Tess Bishop, of Salt Lake City, UT,voted "unlawfully and knowingly" in a Harper's Ferry municipal election where her father, Wayne Bishop, was elected mayor by a margin of 14 votes. Bishop was charged with one count of illegal voting, and pled guilty to the charge. She was sentenced to 3 days of incarceration, that could be served by completing 24 hours of community service, and ordered to pay all court fees.

Source: https://herit.ag/2TBAc30, https://herit.ag/3f296cQ

StateWest VirginiaYear2019NameIsac DakuyoCase TypeDiversion ProgramFraud TypeFalse Registrations

Isac Dakuyo registered to vote online despite being ineligible since he was not a citizen. He then voted in the 2016 general election. He was charged with false swearing, a misdemeanor, for checking off on his voter registration that he was a citizen. He pleaded no contest to the charge and entered a diversion program of supervised probation for one year. After successful completion of the probation, according to the terms of the diversion program, the charges against him will be dismissed.

Source: https://herit.ag/3i7JkGg, https://herit.ag/3l0pZsa, https://herit.ag/3x7S1Vd

StateWest VirginiaYear2018NameJeffrey HartmanCase TypeCriminal ConvictionFraud TypeFalse Registrations

Jeffrey Hartman, a resident of Westminster, Maryland, illegally registered to vote in both Maryland and Morgan County, West Virginia, and cast ballots in both states nine times since 2006. Hartman pleaded guilty in West Virginia to illegal voting and was given a suspended 30-day jail sentence, was put on probation for one year, and ordered to pay a $100 fine and court costs.

Source: https://herit.ag/37508HC

StateWest VirginiaYear2017NameCarson Lee TuttleCase TypeCriminal ConvictionFraud TypeDuplicate Voting

Carson Lee Tuttle voted by absentee ballot in Cabell County, West Virginia, and in person in Franklin County, Ohio, in the 2016 general election. Tuttle's duplicate voting was detected during a crosscheck of voting records by the Ohio Secretary of State. Tuttle admitted to an investigator that he had voted twice and pleaded guilty to a misdemeanor illegal voting charge. He was fined $100 and ordered to pay $160.25 in court costs.

Source: https://herit.ag/373gDDZ

StateWest VirginiaYear2017NameSamuel Quintin FirnCase TypeCriminal ConvictionFraud TypeDuplicate Voting

Samuel Firn, of Fairmont in Marion County, was charged with illegal voting for voting twice in the 2016 Primary Election. He voted once in-person in Monogolia County then again in-person in Marion County. This information came to light after the Secretary of State's Office crosschecked voter registration lists. Firn pleaded guilty to one count of illegal voting and was fined $265.25.

Source: https://herit.ag/3rAXOl7, https://herit.ag/3y3BBOV

StateWest VirginiaYear2013NameDallas TolerCase TypeCriminal ConvictionFraud TypeFalse Registrations

Dallas Toler, former Mingo County Chief Magistrate, pleaded guilty to voter registration fraud. He submitted a voter registration for someone he knew was a convicted felon. He was sentenced to 27 months in prison.

Source: https://herit.ag/3BeNiD1, https://herit.ag/3vKVHgx, https://herit.ag/2XLMrw2

StateWest VirginiaYear2012NameThomas Ramey, Donald Whitten, and Jerry…Case TypeCriminal ConvictionFraud TypeFraudulent Use Of Absentee Ballots, Election Overturned

Former Lincoln County Commissioner Thomas Ramey pleaded guilty to lying to federal officers in the midst of their investigation of a massive voter fraud conspiracy. Sheriff Jerry Bowman and County Clerk Donald Whitten also pleaded guilty, admitting that they stuffed ballot boxes with fraudulent ballots and falsified absentee ballots in an effort to rig the 2010 Democratic primary. Whitten won the election, but a judge overturned the election after throwing out 300 fraudulent ballots. Ramey was sentenced to 21 months of imprisonment. Bowman was sentenced to one year and one day in federal prison, three years of supervised release, and a $5,000 fine. Whitten was sentenced to 18 months in prison and three years of supervised release, with a $5,000 fine.

Source: https://herit.ag/3i6syqU, https://herit.ag/3iSZGBD

StateWest VirginiaYear2010NameJames SurkampCase TypeCriminal ConvictionFraud TypeDuplicate Voting

James Surkamp pleaded guilty to a misdemeanor charge of unauthorized presence in a polling place. Surkamp, while serving as Jefferson County Commissioner, voted twice in a 2009 referendum. He cast his first vote during the early voting period and then attempted to vote again on election day. Surkamp, who subsequently lost his re-election bid in the 2010 Democratic primary, was ordered to write a letter to the Secretary of State admitting his guilt, as well as pay a $100 fine and court costs.

Source: https://herit.ag/3rCDHCY, https://herit.ag/3y9du1n, https://herit.ag/3zBAh64

StateWest VirginiaYear2006NamePerry French HarveyCase TypeCriminal ConvictionFraud TypeBuying Votes

Perry French Harvey pleaded guilty to a charge of scheming to buy votes in the 2004 Logan County Democratic primary. He was sentenced to three years' probation.

Source: https://herit.ag/3x9XESC, https://herit.ag/3zV0k8P

StateWest VirginiaYear2006NameGreg Stowers, Wandell "Rocky…Case TypeCriminal ConvictionFraud TypeBuying Votes

Six Lincoln County Democrats pleaded guilty to charges of participating in a conspiracy to buy votes dating back to 1990. The indictment charged that the six conspired to buy votes in elections held in 1990, 1992, 1994, 1996, 1998, 2000, 2002, and 2004 "for the purpose of selecting and electing candidates to the U.S. House of Representatives and in some instances, for the presidency and vice presidency of the U.S." The men paid for votes in liquor and cash, typically $20 per vote, and handed out slates listing preferred candidates. The five also laid gravel on roads for supporters and fixed traffic tickets. Some of their sentences included the following: Vance was sentenced to 30 months of imprisonment, Stowers received six months of imprisonment, and Wandell Adkins received four months in a halfway house.

Source: https://herit.ag/3iRgl8B, https://herit.ag/3f2SFx0

StateWest VirginiaYear2005NameMark Oliver HrutkayCase TypeCriminal ConvictionFraud TypeBuying Votes

When his wife was running for the House of Delegates, Mark Oliver Hrutkay, a lawyer and his wife's campaign treasurer, paid $10,000 to a political operative to secure support for his wife's candidacy. He pleaded guilty to mail fraud charges, stemming from his mailing a campaign disclosure form that failed to mention the $10,000 payment. He was sentenced to one year in prison and ordered to pay fines amounting to $45,000.

Source: https://herit.ag/2ULPsLz

StateWest VirginiaYear2005NameJohn MendezCase TypeCriminal ConvictionFraud TypeBuying Votes

Johnny "Big John" Mendez, former Logan County Sheriff, pleaded guilty to charges of conspiracy to buy votes. Mendez bought votes for himself and a member of the state House of Delegates, making cash payments and offering more money to heads of households who could deliver the votes of all the eligible voters living at a given residence. He was sentenced to a year of home confinement and five years of probation.

Source: https://herit.ag/3BLKvTt, https://herit.ag/3iQEaxr, 2:04-cr-00101-1

StateWest VirginiaYear2005NameJerry Weaver and Greg StowersCase TypeCriminal ConvictionFraud TypeBuying Votes

Jerry Weaver and Greg Stowers, leaders of a political machine in Lincoln County, pleaded guilty to vote buying charges in connection with a 12-year-long vote fraud scheme. Both men were sentenced to a year in prison.

Source: https://herit.ag/3f2SFx0

StateWest VirginiaYear2004NameJohnny MendezCase TypeCriminal ConvictionFraud TypeBuying Votes

In West Virginia, Johnny Mendez, the sheriff of Logan County, pleaded guilty to federal charges that he accepted $10,000 in illegal contributions and used the money to buy votes in the 2000 and 2004 elections.

Source: https://herit.ag/3i8N2zg

StateWest VirginiaYear2004NameAlvin Ray Porter, Jr.Case TypeCriminal ConvictionFraud TypeBuying Votes

Alvin Ray Porter, Jr., the former police chief of Logan County, pleaded guilty to buying votes during the 2002 Democratic Primary. Porter was one of several Logan County officials who conspired to influence elections in 2002. Porter was sentenced to three years of probation and was ordered to pay a $1,000 fine. He also was ordered to give speeches on his personal experiences with corruption to eighth grade civics classes and others.

Source: https://herit.ag/3Go5RIV, https://herit.ag/3nz0Ep5, 2:04-cr-00101-1

Key & Definitions

Types of Cases

Criminal Conviction

Any case that results in a defendant entering a plea of guilty or no contest, or being found guilty in court of election-related offenses.

Judicial Finding

A finding by a court of law that fraud occurred in an election, including judicial orders overturning election results or ordering a new election due to fraud.

Civil Penalty

Any civil case resulting in fines or other penalties imposed for a violation of election laws.

Official Finding

A finding by a government body that fraud occurred in an election, including orders overturning election results or ordering a new election due to fraud.

Diversion Program

Any criminal case in which a judge directs a defendant into a pre-trial diversion program, or stays or defers adjudication with the understanding that the conviction will be cleared upon completion of the program.

Types of Voter Fraud

Fraudulent Use Of Absentee Ballots

Requesting absentee ballots and voting without the knowledge of the actual voter; or obtaining the absentee ballot from a voter and either filling it in directly and forging the voter’s signature or illegally telling the voter who to vote for.

Ineligible Voting

Illegal registration and voting by individuals who are not U.S. citizens, are convicted felons, or are otherwise not eligible to vote.

Impersonation Fraud At The Polls

Voting in the name of other legitimate voters and voters who have died, moved away, or lost their right to vote because they are felons, but remain registered.

Buying Votes

Paying voters to cast either an in-person or absentee ballot for a particular candidate.

Ballot Petition Fraud

Forging the signatures of registered voters on the ballot petitions that must be filed with election officials in some states for a candidate or issue to be listed on the official ballot

Duplicate Voting

Registering in multiple locations and voting in the same election in more than one jurisdiction or state.

False Registrations

Voting under fraudulent voter registrations that either use a phony name and a real or fake address or claim residence in a particular jurisdiction where the registered voter does not actually live and is not entitled to vote.

Altering The Vote Count

Changing the actual vote count either in a precinct or at the central location where votes are counted.

Illegal "Assistance" At The Polls

Forcing or intimidating voters—particularly the elderly, disabled, illiterate, and those for whom English is a second language—to vote for particular candidates while supposedly providing them with “assistance.”