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New York Democrat Arrested and Charged with Felony For Faking Signatures on Election Petition, Including Dead People

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Peekskill Common Council member Rob Scott sought to advance his political career by challenging incumbent County Legislator Colin Smith for the seat in last year’s Democratic primary.

That effort ended in late April 2023 when the County Board of Elections threw out 217 of the 531 signatures Scott submitted on his ballot petitions, leaving him far short of the required number of 500.

Now, Scott is facing criminal charges for filing false documents.

In a statement, County District Attorney Miriam E. Rocah said Scott was arrested and charged with filing designating petitions containing forged signatures for a seat on the Westchester County Board of Legislators in the June 2023 Democratic primary election.

“Free and fair elections are the foundation of our democracy. Undermining the petition process in an attempt to get on the ballot in an election violates the public’s trust,” Rocah said.

Scott was charged with offering a false instrument for filing in the first degree, a felony, and was issued a desk appearance ticket for an April 30 arraignment in White Plains City Court. It is a class E felony. According to the District Attorney’s office, there is a wide range of potential sentences associated with this charge, ranging from a minimum of probation up to a maximum of one and a third  to four years in state prison.

The DA alleges that on April 10, 2023 Scott filed designating petitions with the Westchester County Board of Elections containing forged signatures of eight individuals who told DA’s Office investigators that they never signed a petition for the defendant.  The alleged forged signatures appeared on three of the 37 sheets that the defendant signed as a witness, the complaint alleges.

The Criminal Investigators Squad of the DA’s Office launched an investigation in July 2023 after receiving complaints from individuals whose signatures were forged. The case is being prosecuted by the Public Integrity and Law Enforcement Integrity Bureau.

Scott told The Herald that he was issued a desk appearance ticket and will have to go to court and take it from there. “It wasn’t like a dramatic, crazy thing it was very respectful. I have been in communication and in full cooperation with the DAs office since the beginning of this complaint and hope the matter can be put behind us shortly so that I, as an elected official, can get back to what’s most important, which is being in service of our community. I ask for patience as we sort through the matter, Councilman Scott said.

Scott’s ballot petitions challenged in court last April

Allegations charging Scott with falsifying signatures on his ballot petitions first surfaced in April 2023 when a lawsuit was filed against Scott and the Westchester County Board of Elections by Democratic party official Marcia Stone, Vice-Chair of the Yorktown Democratic Committee, and County Legislator Smith.

In their lawsuit, Stone and Smith listed 26 reasons the Scott ballots should be rejected. The allegations included signatures not signed by the person named, people who were not registered Democrats, alterations made to dates and signatures, signatures from people who had already signed Smith’s petitions earlier and that some signatures were forged and written by the same hand.

Four Peekskill residents – Debby and Bob Mickelson and Cathy Martone and David Hallerman – told the Journal News that their signatures were forged on Scott’s petitions.

All those allegations in the lawsuit became moot when the Board rejected Scott’s petitions and kept him off the ballot. The Board did not have the authority to pursue criminal charges and the matter seemed to be at an end. Now the County District Attorney’s office has charged Scott with criminal acts.

“Although I am disheartened at the news of Councilman Scott’s arrest, I applaud the District Attorney’s office for taking a strong stance on public integrity. Clearly, there was enough evidence of criminal conduct to warrant bringing these charges. Our elected officials must be held to a higher standard. Let this arrest serve as a warning to those who would attempt to subvert the rule of law for their own selfish gain that such self-serving behavior will not be tolerated. Councilman Scott should immediately resign,” County Legislator Colin Smith said.

Scott denied any wrongdoing in comments last year

In a published report last year, Scott denied forging signatures on his petitions and said that he was stunned to learn that his petition included the names of people who had not signed, including three dead people.

In his biography on the city website, Scott says he’s been a resident of Peekskill for over 25 years and is the owner/operator of the health establishment, PK Blendz Juice Bar.

Rob Scott at his business on Main Street. (Photo by Regina Clarkin)

“Scott is a vegan and licensed personal trainer. Mr. Scott is dedicated to building strong healthy families in the City of Peekskill through education and equitable grown. He is also a father of two children whom he is raising with his wife and high school sweetheart of 25 plus years,” his website bio reads.

“I’m a believer that we have the power to define and redefine, reality is only a reflection of our thoughts” – Rob Scott

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2024 Race

Mississippi Law Allowing Ballots to Be Received After Election Day Ruled Lawful by Judge

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A Mississippi law that permits the counting of ballots received up to five days after an election is lawful, according to a federal judge’s ruling on July 28.

U.S. District Judge Louis Guirola Jr. cited the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), which governs ballots from overseas citizens, in his decision.

“So if one federal statute implicitly allows post-election receipt of overseas ballots mailed by election day, that statute is presumed not to offend against the election-day statutes, from which one may infer that the similar Mississippi statute on post-election receipt is likewise inoffensive,” Judge Guirola wrote in his 24-page ruling.

The ruling dismissed cases brought by the Republican National Committee, the Mississippi Republican Party, and the Libertarian Party of Mississippi. The Mississippi law mandates that officials count absentee ballots postmarked on or before Election Day, provided they are received within five business days after the election.

The U.S. Constitution’s elections and electors clause grants Congress the authority to set Election Day for determining electors for president and vice president, as well as the date for voters choosing members of Congress. Congress subsequently established a single day for selecting electors and voting for members.

Republicans contended that the Mississippi law “contravenes those federal laws” by effectively extending Mississippi’s federal election past the Election Day established by Congress. They argued the law forced them to spend money to educate voters on the post-Election Day receipt deadline and sought to have the law declared illegal and blocked from enforcement.

Mississippi officials countered that the law does not directly conflict with federal statutes, as those statutes do not specify whether ballots must be received on or by Election Day.

Judge Guirola acknowledged that Republicans and the Libertarian Party did establish standing by showing they were harmed by the law. However, they failed to demonstrate that the law is illegal or unconstitutional. He referenced prior court rulings, including a 2023 district court ruling upholding an Illinois law that allows ballots postmarked on or before Election Day to be counted if received up to 14 days after Election Day. In that case, the judge noted that the attorney general of the United States “often seeks court-ordered extensions of ballot receipt deadlines to ensure that military voters are not disenfranchised.”

“These longstanding efforts by Congress and the executive branch to ensure that ballots cast by Americans living overseas are counted, so long as they are cast by Election Day, strongly suggest that statutes like the one at issue here are compatible with the Elections Clause,” Judge Guirola stated.

In the absence of federal law regulating absentee mail-in ballot procedures, states retain the authority to establish their lawful time, place, and manner boundaries. Since the Mississippi law is legal, there are no violations of plaintiffs’ constitutional rights, Judge Guirola concluded.

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2024 Race

Wisconsin Supreme Court Reinstates Unstaffed Drop Boxes Ahead of 2024 Election

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In a significant ruling on July 5, the Wisconsin Supreme Court decided to reinstate the use of unstaffed drop boxes for absentee ballots, reversing the prohibition that had been in effect since 2022. The court’s 4–3 decision marks a pivotal change in Wisconsin’s election procedures ahead of the 2024 elections.

In 2022, the Wisconsin Supreme Court ruled that state law did not allow for absentee drop boxes to be placed anywhere other than in election clerk offices. This decision effectively banned the use of unmanned drop boxes, which had been widely utilized in previous elections to facilitate absentee voting.

The reversal of the 2022 ruling was influenced by a change in the court’s composition. A new justice was elected in 2023, which led to a re-evaluation of the previous decision. During the arguments in May, Justice Jill Karofsky questioned the validity of the 2022 ruling, suggesting that it may have been a mistake. “What if we just got it wrong? What if we made a mistake? Are we now supposed to just perpetuate that mistake into the future?” Karofsky asked during the proceedings.

The court heard arguments three months before the August 13 primary and six months ahead of the November presidential election. Attorneys representing Republican backers of the 2022 ruling contended that there had been no changes in the facts or the law to justify overturning a decision that was less than two years old. Misha Tseytlin, attorney for the Republican-controlled Legislature, argued that overturning the ruling could lead to future instability, as the court might have to revisit the issue whenever its composition changes.

However, Justice Karofsky countered this by pointing out the potential flaws in the 2022 decision, questioning whether the court should continue to uphold a ruling that was “egregiously wrong from the start” with “exceptionally weak” reasoning and damaging consequences.

Democrats and voting rights advocates argued that the 2022 ruling misinterpreted the law by concluding that absentee ballots could only be returned to a clerk’s office and not to a drop box controlled by the clerk. David Fox, attorney for the groups challenging the prohibition, described the current law as unworkable and unclear about where ballots can be returned.

Several justices expressed concerns about revisiting the previous ruling, with Justice Rebecca Bradley cautioning against the court acting as a “super Legislature” and giving municipal clerks excessive discretion in conducting elections.

The case was brought by voter mobilization group Priorities USA and the Wisconsin Alliance for Retired Voters. Governor Tony Evers and the Wisconsin Elections Commission, which oversees the state’s elections, supported the use of drop boxes. Election officials from four counties, including the state’s two largest, also filed briefs in support of overturning the prohibition, arguing that drop boxes had been used securely for decades.

The plaintiffs’ attorneys highlighted the practical impact of the 2022 ruling, noting that over 1,600 absentee ballots arrived late and were not counted in the 2022 election when drop boxes were not in use. By contrast, in the 2020 election, when drop boxes were available, only 689 ballots arrived after Election Day, despite a significantly higher number of absentee voters.

The Wisconsin Supreme Court’s decision to reinstate unstaffed drop boxes is a crucial development in the state’s election laws, potentially increasing accessibility and convenience for absentee voters. As the 2024 elections approach, this ruling may have significant implications for voter turnout and the administration of elections in Wisconsin.

The Associated Press contributed to this report.

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Far-Left Alliance Claims Victory in French Legislative Elections Amid Allegations of Electoral Controversy

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In a surprising turn of events, the socialist-communist New Popular Front alliance has emerged victorious in France’s snap legislative elections, prompting widespread scrutiny over the electoral process and political maneuvers. The coalition, led by Jean-Luc Mélenchon, secured the most seats in Sunday’s final round, overshadowing President Emmanuel Macron’s coalition and relegating Marine Le Pen’s National Rally to third place.

Following the announcement of his alliance’s success, Mélenchon swiftly issued demands to President Macron, calling for either his resignation or the appointment of a prime minister from their ranks. This move underscores the dramatic shift in French politics, with Macron’s Prime Minister Gabriel Attal announcing his resignation in response to the coalition’s victory, signaling potential changes at the highest levels of government.

The electoral outcome has ignited controversy and speculation, particularly concerning allegations of strategic alliances and questionable tallying methods. Macron’s decision to align with the far-left to thwart the populist rise has raised eyebrows across Europe, with critics questioning the president’s political calculations and the potential consequences for France’s future governance.

Initially projected by exit polls to secure between 172 to 192 seats, the New Popular Front fell short of an absolute majority, requiring potential coalition-building efforts to effectively govern. Macron’s coalition, projected to win between 150 to 170 seats, now faces the prospect of negotiating with the far-left to maintain political control, highlighting the fragmentation within French politics.

The election results have highlighted the deep divisions within French society, exacerbated by Macron’s contentious decision to form an alliance aimed at preventing a National Rally majority. Critics, including Marine Le Pen, have decried what they describe as an “unnatural agreement” between Macron and the far-left, accusing the establishment of manipulating the electoral process to maintain power.

The fallout from these elections extends beyond political strategy, with concerns over potential social unrest looming large. Paris and other major cities have ramped up security measures in anticipation of possible protests and demonstrations, underscoring the volatile political climate in France.

As France navigates the aftermath of these divisive elections, the focus remains on the implications for governance, stability, and the future direction of French politics. The rise of the far-left alliance and its demands for leadership change have set the stage for a period of intense political maneuvering and uncertainty in the heart of Europe.

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