From District Attorney General Jody Pickens, 26th Judicial District –
Recently several voters in Madison County received an Absentee By-Mail Ballot Request Form from an individual not employed by the Madison County Election Commission. Some of the voters had requested a mail-in ballot from the election commission but some did not make such a request.
The forms received by the voters from the individual unaffiliated with the Madison County Election Commission were sent pre-populated with information that did not necessarily reflect the preferred political party of the voter.
Furthermore, the area of the form that a voter must complete in order to be provided a mail-in ballot was pre-populated with the reason for requesting to vote by mail. Many of the forms that arrived did not accurately reflect a truthful basis for the voter to be allowed a mail-in ballot.
Tennessee Code Annotated provides in section 2-6-202 (c)(4),
A person who is not an employee of an election commission commits a Class A misdemeanor if such person gives an unsolicited request for application for absentee ballot to any person.
Further Tennessee Code Annotated section 2-19-110 provides, A person commits a Class A misdemeanor if such person assists any person in voting except as permitted by this title, or if such person knowingly casts any vote or consents to the casting of any vote contrary to the desire of the voter while otherwise lawfully assisting the voter in casting such person’s vote or if, being an election official or other person otherwise lawfully assisting a voter, such person influences or attempts to influence the voter in casting such person’s vote.
In the present case, the preliminary investigation has indicated that the person noted in the return address on the envelope in which the Absentee By-Mail Ballot Request Form was received is believed to be fictitious and without doubt is not an employee of the Madison County Election Commission.
Thus, the actions of the individual or individuals responsible for sending the Absentee By-Mail Ballot Request Form pre-populated with often incorrect information, constitutes a crime. The investigation into the identity of those responsible continues. The integrity of our elections is the bedrock of our democracy, and it must always be protected. Attempts to perpetrate a fraud upon the voters of Madison County will not be tolerated and this office will aggressively pursue the individual and/or individuals responsible for the actions described herein.
Those Madison County residents who have not requested but have yet received an Absentee By-Mail Ballot Request Form should contact the Madison County Administrator of Elections at 731-660-1796 or my office at 731-423-5800.