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Voter Fraud Convictions in West Virginia, 2016-2020

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A.
Conviction Details
B.
Background
C.
Potential Election Impact
1.Election Year: 2020
Name: Kathryn Nestor
Party Affiliation: Not Found[1]According to West Virginia Voter Registration form, voters can provide party affiliation when they register to vote. The options are: Democratic, Republican, Libertarian, Mountain, No Party, or … Continue reading

Offense and Sentencing:
Kathryn Nestor pleaded no contest on 8/29/2022 to one misdemeanor charge of false swearing in violation of the West Virginia Election Code 393 in relation to an offense committed during the 2020 mayoral election in Vienna, West Virginia. Nestor was sentenced on the same day to 10 days imprisonment, suspended, six months of unsupervised probation and a $50 fine.[2]Samantha Cavali, “Vienna Woman Sentenced for Election Fraud Stemming from Vienna Municipal Election,” wtap.com, October 18, 2022
“Kathryn Nestor of Vienna, on August 29 [2022],… entered a plea of no contest to the misdemeanor charge of False Swearing in violation of West Virginia Election Code 393. The charge stemmed from an incident where the defendant signed the names of others, without authority, upon a mayoral candidate’s nomination petition for the 2020 Vienna Municipal Election.”[3]Samantha Cavali, “Vienna Woman Sentenced for Election Fraud Stemming from Vienna Municipal Election,” wtap.com, October 18, 2022

Case Notes:
Case Number: Not Found
Type of Election:
Ballot Petition before a Mayoral Election

Party Affiliation:
Not Found

Theoretical Election Effect:
No effect on Congressional or Presidential elections
2.Election Year: 2020
Name: Elizabeth Durham
Party Affiliation: Not Found[4]According to West Virginia Voter Registration form, voters can provide party affiliation when they register to vote. The options are: Democratic, Republican, Libertarian, Mountain, No Party, or … Continue reading

Offense and Sentencing:
Elizabeth Durham pleaded no contest on 11/10/2021 “to one charge of petit larceny and one charge of unlawful voter registration,” reduced from five felony counts as part of a plea agreement.[5]My Buckhannon, “Kanawha County Woman Sentenced in Voter Registration Fraud Case,” mybuckhannon.com, November 19, 2021 Durham was sentenced to 30 days imprisonment, suspended for six months of probation.[6]My Buckhannon, “Kanawha County Woman Sentenced in Voter Registration Fraud Case,” mybuckhannon.com, November 19, 2021
“According to Secretary of State Mac Warner, election officials flagged a suspicious online voter registration change of address request made for an individual that died in 2020. The Kanawha County Clerk initially declined the registration pending further investigation … [Elizabeth] Durham was [subsequently] charged with five felonies including one count of computer fraud in the attempt to unlawfully register to vote and four counts involving check fraud,… On November 10th [2021], Durham reached a plea agreement with the Kanawha County Prosecuting Attorney’s Office.”[7]My Buckhannon, “Kanawha County Woman Sentenced in Voter Registration Fraud Case,” mybuckhannon.com, November 19, 2021

Case Notes:
Case Number: Not Found
Type of Election:
Voter Registration

Party Affiliation:
Not Found

Theoretical Election Effect:
No effect on Congressional or Presidential elections
3.Election Year: 2020
Name: Thomas Cooper
Party Affiliation: Not Found[8]According to West Virginia Voter Registration form, voters can provide party affiliation when they register to vote. The options are: Democratic, Republican, Libertarian, Mountain, No Party, or … Continue reading

Offense and Sentencing:
Thomas Cooper “pleaded guilty in July 2020 to attempt to defraud the residents of West Virginia of a fair election and injury to the mail.”[9]MetroNews Staff, “Pendleton County Mail Carrier Sentenced in Election Fraud Case,” wvmetronews.com, June 21, 2021 Cooper was sentenced on 6/21/2021 to “five years of probation, with the first six months home confinement.”[10]U.S. Attorney’s Office, Northern District of West Virginia, “Pendleton County Mail Carrier Sentenced for Attempted Election Fraud,” justice.gov, June 21, 2021
“A West Virginia mail carrier is facing prison time after admitting he attempted election fraud by changing the party registrations of people who had requested absentee ballots for the state’s June primary,… Thomas Cooper, 47, of Dry Fork signed an agreement in which he pleaded guilty … The Clerk of Pendleton County discovered the eight 2020 primary election COVID-19 mail-in absentee requests appeared to have been altered using a black pen. Five of the requests had been altered so the voters’ ballot choice was switched from Democrat to Republican.”[11]David Mack, “A Mail Carrier Took People’s Absentee Ballot Requests and Switched Their Party to Republican,” buzzfeednews.com, July 9, 2020

Case Notes:
Case Number: 2:20-MJ-00018-MJA
Affidavit
Type of Election:
Absentee Ballot Requests before the 2020 Primary Election

Party Affiliation:
Not Found

Theoretical Election Effect:
No effect on Congressional or Presidential elections
4.Election Year: 2019
Name: Tess Alayna Bishop
Party Affiliation: No Party Affiliation[12]Response from Senior Elections Specialist, West Virginia Secretary of State’s Office, August 16, 2021. According to West Virginia Voter Registration form, voters can provide party affiliation when … Continue reading

Offense and Sentencing:
Tess Alayna Bishop pleaded guilty on 7/8/2020 to one misdemeanor[13]Kelsie LeRose, “Utah Woman Enters Plea After Voting in Harpers Ferry Election,” journal-news.net, February 11, 2020 count of illegal voting in relation to an offense committed during the Harpers Ferry council election in 2019.[14]Matthew Umstead, “Mayor’s Daughter Guilty of Illegal Voting Harpers Ferry Election,” heraldmailmedia.com, July 12, 2020 Bishop was sentenced “to complete 24 hours of community service by February 2021 in lieu of a three-day jail sentence that was imposed in the case.”[15]Matthew Umstead, “Mayor’s Daughter Guilty of Illegal Voting Harpers Ferry Election,” heraldmailmedia.com, July 12, 2020
“A woman living in Utah has entered a plea after officials say she voted in the highly contested 2019 Harpers Ferry election despite not being a resident,… Tess Alayna Bishop, the daughter of Harpers Ferry mayor Wayne Bishop,… while being a resident and being registered to vote in Utah – ‘did unlawfully and knowingly vote in the Harpers Ferry municipal election when not legally entitled to do so because she did not reside in the town and was not a bona fide resident of West Virginia.'”[16]Kelsie LeRose, “Utah Woman Enters Plea After Voting in Harpers Ferry Election,” journal-news.net, February 11, 2020

Case Notes:
Case Number: CC-19-2020-M-2
Plea Offer Letter
Type of Election:
Council Election

Party Affiliation:
No Party Affiliation

Theoretical Election Effect:
No effect on Congressional or Presidential elections
5.Election Year: 2019
Name: Timothy Aaron Metz, also known as T. Aaron Metz, and Aaron Metz
Party Affiliation: Ran as a Republican in the 2018 WV House of Delegates election.[17]Mongolia County Republican Executive Committee, “Republican Slate for Monongalia County,” moncountygop.com, accessed on May 18, 2022 No Party Affiliation listed on the WV voter rolls in November 2020[18]Response from Senior Elections Specialist, West Virginia Secretary of State’s Office, August 16, 2021. According to West Virginia Voter Registration form, voters can provide party affiliation when … Continue reading

Offense and Sentencing:
Timothy Aaron Metz pleaded guilty on 1/21/2021 to one felony count of falsely filing certification of nomination in relation to offenses committed during the Morgantown City Council election in 2019.[19]Staff Reports, WV News, “Secretary of State Warner Announces Conviction in Morgantown West Virginia City Council Election Fraud Case,” wvnews.com, January 21, 2021 Metz was sentenced to a pretrial diversion program and placed on unsupervised probation for 24 months.[20]Staff Reports, WV News, “Secretary of State Warner Announces Conviction in Morgantown West Virginia City Council Election Fraud Case,” wvnews.com, January 21, 2021
“Timothy Aaron Metz was the subject of an investigation after Morgantown election officials alerted the Secretary of State’s Office that Metz may have falsified his candidate certificate of announcement, which in Morgantown requires signatures of a certain number of City residents. The investigation found 21 signatures on Metz’s nominating petitions were fraudulent, including the signature of one deceased person. … Metz withdrew from the Morgantown City election admitting that he ‘cut corners’ in collecting the required signatures to get his name on the ballot.”[21]Samantha Casano, “Warner Announces Conviction in Morgantown Election Fraud Case,” woay.com, January 21, 2021

Case Notes:
Case Number: Not Found
Type of Election:
City Council

Party Affiliation:
Republican / No Party Affiliation

Theoretical Election Effect:
No effect on Congressional or Presidential elections
6.Election Year: 2016, possible[22]Hartman had cast ballots nine times in both West Virginia and Maryland between 2006 and 2018. – Source: Secretary of State Mac Warner, “Maryland Resident Convicted of Illegal Voting in … Continue reading
Name: Jeffrey Hartman
Party Affiliation: Republican[23]Email response from Official Election Team at the Carroll County Board of Elections, Maryland, on August 19, 2021

Offense and Sentencing:
Jeffrey Hartman pleaded guilty on 10/23/2018 to illegal voting in relation to offenses committed between 2006 and 2018.[24]Secretary of State Mac Warner, “Maryland Resident Convicted of Illegal Voting in Morgan County,” sos.wv.gov, October 26, 2018 Hartman was sentenced to 30 days imprisonment, suspended for one year of probation, and $100 fine plus associated court costs.[25]Secretary of State Mac Warner, “Maryland Resident Convicted of Illegal Voting in Morgan County,” sos.wv.gov, October 26, 2018
“Jeffrey Hartman, 73, of Westminster, Maryland, plead guilty to illegal voting in the Morgan County Magistrate Court on Tuesday [10/23/2018]. The investigation, conducted by West Virginia Secretary of State Investigator Gary Harmison, revealed Hartman was registered to vote in both West Virginia and Maryland. Hartman had cast ballots nine times in both states since 2006.”[26]Secretary of State Mac Warner, “Maryland Resident Convicted of Illegal Voting in Morgan County,” sos.wv.gov, October 26, 2018

Case Notes:
Case Number: Not Found
Type of Election:
Presidential

Party Affiliation:
Republican

Theoretical Election Effect:
1 illegal Republican vote
7.Election Year: 2016
Name: Carson Lee Tuttle
Party Affiliation: Republican[27]Response from Senior Elections Specialist, West Virginia Secretary of State’s Office, August 16, 2021

Offense and Sentencing:
Carson Lee Tuttle pleaded guilty on 9/28/2017 to one count of “illegal voting; deceiving voters” in relation to an offense committed on 11/8/2016.[28]Magistrate Court of Cabell County, West Virginia, State of West Virginia v. Carson Lee Tuttle, Case Number: 17-M06M-04916 – Complaint and Judgement Tuttle was sentenced on the same day to a fine of $100 plus $160.25 in associated costs.[29]Magistrate Court of Cabell County, West Virginia, State of West Virginia v. Carson Lee Tuttle, Case Number: 17-M06M-04916 – Complaint and Judgement
“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 admitted to an investigator that he had voted twice and pleaded guilty to a misdemeanor illegal voting charge.”[30]Heritage Foundation, “Voter Fraud Report – Carson Lee Tuttle,” heritage.org, accessed on May 12, 2022

Case Notes:
State of West Virginia v. Carson Lee Tuttle
Case Number: 17-M06M-04916
Complaint and Judgement
Type of Election:
Presidential

Party Affiliation:
Republican

Theoretical Election Effect:
1 illegal Republican vote
8.Election Year: 2016
Name: Samuel Quintin Firn [on Complaint] / Samuel Quentin Firn [on Judgement Order]
Party Affiliation: Not Found[31]According to West Virginia Voter Registration form, voters can provide party affiliation when they register to vote. The options are: Democratic, Republican, Libertarian, Mountain, No Party, or … Continue reading

Offense and Sentencing:
Samuel Firn pleaded guilty[32]Magistrate Court of Marion County, West Virginia, “Case ID: 17-M24M-00778 (TR) – State of West Virginia v. Samuel Quentin Firn,” – Judgement Order to one misdemeanor count of illegal voting – knowingly voting more than once in the 2016 primary election.[33]Magistrate Court of Marion County, West Virginia, “State of West Virginia v. Firn, Samuel Quintin,” – Criminal Complaint Firn was sentenced on 8/1/2017 to a $100 fine plus $165.25 in associated fees.[34]Magistrate Court of Marion County, West Virginia, “Case ID: 17-M24M-00778 (TR) – State of West Virginia v. Samuel Quentin Firn,” – Judgement Order
“On or about 5/10/2016,… the defendant [Samuel Firn] did … knowingly vote more than once in the same election, to-wit: Primary Election of 2016. … The records indicate the Defendant voted at the Smithtown Building in Monongalia County at 1:17p.m., and later voted at the Eastdale Elementary in Marion County. The defendant admitted to double voting consistent with records.”[35]Magistrate Court of Marion County, West Virginia, “State of West Virginia v. Firn, Samuel Quintin,” – Criminal Complaint

Case Notes:
State of West Virginia v. Samuel Quintin Firn / Samuel Quentin Firn
Case Number: 17-M24M-00778 (TR)
Criminal Complaint and Judgement Order
Type of Election:
Primary

Party Affiliation:
Not Found

Theoretical Election Effect:
1 illegal vote in a Primary, party unknown / No effect on Congressional or Presidential elections
9.Election Year: 2016
Name: Isac Dakuyo
Party Affiliation: Not Found[36]According to West Virginia Voter Registration form, voters can provide party affiliation when they register to vote. The options are: Democratic, Republican, Libertarian, Mountain, No Party, or … Continue reading

Offense and Sentencing:
Isac Dakuyo was charged in March 2018 with one felony count of perjury after he “illegally registered and voted in the 2016 election.”[37]Parkersburg News and Sentinel, “Man Charged for False Voter Registration,” newsandsentinel.com, March 10, 2018. Dakuyo pleaded no contest on 3/21/2019 to a reduced misdemeanor charge of false swearing and on 6/17/2019 was placed on one year of supervised probation as part of a deferred adjudication order.[38]Circuit Court of Berkeley County, West Virginia, “State of West Virginia v. Isac Dakuyo” – Deferred Adjudication Order After successful completion of the probation, the case was dismissed.[39]Circuit Court of Berkeley County, West Virginia, “State of West Virginia v. Isac Dakuyo” – Order of Dismissal
“A non-citizen from Burkina Faso living in Martinsburg through a green card program has been charged with providing false information on a voter registration application … State investigators were alerted by Berkeley County Clerk John Small, who said Isac Dakuyo illegally registered and voted in the 2016 election. … Providing false information in the registration process is perjury and a felony under state law punisable [sic] by 1-10 years in prison.”[40]Parkersburg News and Sentinel, “Man Charged for False Voter Registration,” newsandsentinel.com, March 10, 2018

Case Notes:
State of West Virginia v. Isac Dakuyo
Case Number: CC-02-2018-F-316
Complaint, Deferred Adjudication Order, and Order of Dismissal
Type of Election:
Presidential

Party Affiliation:
Not Found

Theoretical Election Effect:
1 illegal vote, party unknown

Return to the Voter Fraud Convictions Summary Chart

References

References
1 According to West Virginia Voter Registration form, voters can provide party affiliation when they register to vote. The options are: Democratic, Republican, Libertarian, Mountain, No Party, or Other. Source: West Virginia Secretary of State, “West Virginia Voter Registration Application,” sos.wv.gov, accessed on May 12, 2022
2, 3 Samantha Cavali, “Vienna Woman Sentenced for Election Fraud Stemming from Vienna Municipal Election,” wtap.com, October 18, 2022
4, 8, 31, 36 According to West Virginia Voter Registration form, voters can provide party affiliation when they register to vote. The options are: Democratic, Republican, Libertarian, Mountain, No Party, or Other. Source: West Virginia Secretary of State, “West Virginia Voter Registration Application,” sos.wv.gov, accessed on May 12, 2022
5, 6, 7 My Buckhannon, “Kanawha County Woman Sentenced in Voter Registration Fraud Case,” mybuckhannon.com, November 19, 2021
9 MetroNews Staff, “Pendleton County Mail Carrier Sentenced in Election Fraud Case,” wvmetronews.com, June 21, 2021
10 U.S. Attorney’s Office, Northern District of West Virginia, “Pendleton County Mail Carrier Sentenced for Attempted Election Fraud,” justice.gov, June 21, 2021
11 David Mack, “A Mail Carrier Took People’s Absentee Ballot Requests and Switched Their Party to Republican,” buzzfeednews.com, July 9, 2020
12, 18 Response from Senior Elections Specialist, West Virginia Secretary of State’s Office, August 16, 2021. According to West Virginia Voter Registration form, voters can provide party affiliation when they register to vote. The options are: Democratic, Republican, Libertarian, Mountain, No Party, or Other. Source: West Virginia Secretary of State, “West Virginia Voter Registration Application,” sos.wv.gov, accessed on May 12, 2022
13, 16 Kelsie LeRose, “Utah Woman Enters Plea After Voting in Harpers Ferry Election,” journal-news.net, February 11, 2020
14, 15 Matthew Umstead, “Mayor’s Daughter Guilty of Illegal Voting Harpers Ferry Election,” heraldmailmedia.com, July 12, 2020
17 Mongolia County Republican Executive Committee, “Republican Slate for Monongalia County,” moncountygop.com, accessed on May 18, 2022
19, 20 Staff Reports, WV News, “Secretary of State Warner Announces Conviction in Morgantown West Virginia City Council Election Fraud Case,” wvnews.com, January 21, 2021
21 Samantha Casano, “Warner Announces Conviction in Morgantown Election Fraud Case,” woay.com, January 21, 2021
22 Hartman had cast ballots nine times in both West Virginia and Maryland between 2006 and 2018. – Source: Secretary of State Mac Warner, “Maryland Resident Convicted of Illegal Voting in Morgan County,” sos.wv.gov, October 26, 2018
23 Email response from Official Election Team at the Carroll County Board of Elections, Maryland, on August 19, 2021
24, 25, 26 Secretary of State Mac Warner, “Maryland Resident Convicted of Illegal Voting in Morgan County,” sos.wv.gov, October 26, 2018
27 Response from Senior Elections Specialist, West Virginia Secretary of State’s Office, August 16, 2021
28, 29 Magistrate Court of Cabell County, West Virginia, State of West Virginia v. Carson Lee Tuttle, Case Number: 17-M06M-04916 – Complaint and Judgement
30 Heritage Foundation, “Voter Fraud Report – Carson Lee Tuttle,” heritage.org, accessed on May 12, 2022
32, 34 Magistrate Court of Marion County, West Virginia, “Case ID: 17-M24M-00778 (TR) – State of West Virginia v. Samuel Quentin Firn,” – Judgement Order
33, 35 Magistrate Court of Marion County, West Virginia, “State of West Virginia v. Firn, Samuel Quintin,” – Criminal Complaint
37, 40 Parkersburg News and Sentinel, “Man Charged for False Voter Registration,” newsandsentinel.com, March 10, 2018
38 Circuit Court of Berkeley County, West Virginia, “State of West Virginia v. Isac Dakuyo” – Deferred Adjudication Order
39 Circuit Court of Berkeley County, West Virginia, “State of West Virginia v. Isac Dakuyo” – Order of Dismissal
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