Hampton Roads, VA - 11/09/2009
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Officials find source of fake election flier, won't press charges

Posted to: Elections News

RICHMOND

Calling it a "joke that got out of control," a top state election official today confirmed that the person responsible for a phony election flier circulated in Hampton Roads has been identified.

Law enforcement officials, meanwhile, added that charges will not be filed in the matter.

Bearing the Virginia seal and the State Board of Elections logo, the flier claimed the General Assembly had taken emergency action to divide the election over two days instead of one due to expected high voter turnout. Containing multiple misspellings, it advised Republicans to vote on Nov. 4 and Democrats to vote on Nov. 5.

The General Assembly, however, has not taken any emergency action to change the date of the election, which remains Nov. 4 for all voters.

Flier sightings had been reported in Hampton, Newport News, Norfolk and Virginia Beach early last week; later in the week, State Police officials confirmed that it was also being distributed via e-mail.

At a press briefing this morning, State Board of Elections Secretary Nancy Rodrigues described the flier as a joke gone awry.

Agency spokeswoman Susan Pollard later explained that an investigation revealed that one individual had created the flier for humor and another person started its distribution.

While distribution of false information to voters is a Class 1 misdemeanor in Virginia, State Police spokeswoman Corinne Geller today said charges will not be filed against the perpetrator.

She did not immediately elaborate, and other state officials did not provide identifying information for the individual who composed the flier or the person who spread it.



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Interesting . . .

This story broke on election day yet we didn't find out until three days later why no prosecution!
Someone made the flier as a joke at work and showed it to a handful of people. One of *them* sent it to the Obama campaign where it was accidentally sent out as a viral e-mail! So, whoa, the campaign workers for the Democrats almost got their own Democratic population to the polls on the wrong day?
Gertz, do you still wish to hang the person/organization that distributed this?

Joke

The real joke will be on us if Obama gets elected

Yes this is a crime

But can resources be better spent on a more damaging crime? Think of the cost of taking the person to trial or even just a hearing versus using the efforts elsewhere. Yes, I agree that using the official images was wrong, but how was society really hurt by the action? The system chose their battle, and did so wisely.

Hmmm GERTZ, question for you...

You stated on another Misdemenor Issue that:
Ms McNair should be prosecuted because she broke the law, but I'm curious, will these people actually show up to vote? Maybe! How many applications were false? ***Are we talking something minor or something major?*** Wed, 10/15/2008 at 4:48 pm

But now for this misdememenor you seem to want the stones thrown at the people invovled. For such a staunch person of law, at least that last comment, why would you even consider wondering if there was a major or minor infraction of law previously?

Where's the Joke

Joke or not is this still not a crime.

Agree with HAHA

This was a joke. That was obviously the intent. Please move on, and lighten up! I highly doubt anyone really took this seriously, and if they did, well...they should take voting more seriously, and do some research before they vote. If you get your information from a sign stuck to a street pole, I feel sorry for you.

you have got to be joking!

I was under the impression that this was a felony. Use of a government seal. Phony distribution. I wonder how this can happen that the authorities have chosen to just look the other way? This is going to have an affect on the election. I hope the Democrats contact their attorney regarding this.
McCain has contacted his attorney regarding the military not getting all their votes in.
We need a truly honest election where all the votes can be counted; that would be fair.
What about all the people who sent in their request for absentee voting due to their jobs and never received the voting packets in the mail? I haven't heard anything about that in the news yet. I know, because I sent in two requests and so did my husband and neither one of us received it.

OMG!

I just got a text message that said 'Due to long lines Obama voters should vote on Wednesday!'

Call the feds!!

re: the truth as told by me...

desert_divine wrote:

>>>There should be accountability for this. Why isn't this considered fraud since an official logo was used to make this flier?<<<

There is truth and then there is law. There has to be criminal intent which the state police, after an investigation, found there was none.

As has been stated, anyone falling for this hasn't the capacity for rational thought, much less the ability to vote.

This explanation doesn't pass the smell test

The State Police statement may be showing appropriate discretion in not providing further information. But in such a hotly contested race, where there has been evidence of actual deceptive behavior, a better explanation is owed to the public. This is too serious to be brushed aside, even if the explanation proves embarrassing to adult or juvenile perpetrators.

haha

I think it's hilarious. Anybody stupid enough to fall for it shouldn't be voting anyway. I also think people should have to graduate high school to be allowed to vote. I'm sorry if getting the bare minimum of education is too difficult, but why are we leaving the fate of our country in these hands??? And I think if we're going to start the whole "a law was broken and should be punished" why don't we start with something that actually hurts people, like drug dealing or drunk driving? Instead of sentencing 3 years and letting them out after 5 months like the moron in NC who shot a trick-or-treater. Just a thought.

the truth as told by me...

There should be accountability for this. Why isn't this considered fraud since an official logo was used to make this flier? If anything should be considered "disenfranchisement", it should be this solely for the mere fact that some voters would have acted accordingly. Unfortunately, even the stupid have a right to vote. I demand the state see this through.

A joke gone awry... I'll remember to use that excuse if I ever break the law...

Oh Please

If you are that ignorant, you shouldn't be voting in the first place.

Should be prosecuted

I don't care if it was "a joke gone awry." The law was broken and the person responsible should be prosecuted. Otherwise, what is the purpose of having the law on the books?

Do you really want to prosecute someone for a 20 yr old joke?

It was even in the Wizard of Id comic strip last week.

Learn to laugh, life will be a lot easier.

But if you folks are that paranoid, you need to get your meds adjusted.

Hilarious!

And if it kept one idiot from voting it was worth it.
Come to think of it, isn't there a Law against idiots voting in the first place?
Oh, we can't enforce THAT law can we?

Write to the State Board of Elections

If you feel your voting rights have been violated or that you may have witnessed an election law being broken Immediately contact one of the following: Your Local Voter Registration Office
The State Board Of Elections
1-800-552-9745 or
info@sbe.virginia.gov

Distribution of false

Distribution of false information to voters is a Class 1 misdemeanor in Virginia!
We have LAWS for a reason. They, however, pick and choose which LAWS are to be dealth with and which are not.
Then why even have the LAW on the books?
The person must have been a close personal friend, a relative of the person or a higher official asking that it not be prosecuted. That's the only valid excuse I can come up with!!

Really?

Why is it so important to investigate the matter if no one is going to be punished? Why waste all those man hours? I agree with an earlier poster: Someone is afraid to follow through!

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