Ohio Attorney General Dave Yost announced six voter fraud charges Tuesday following referrals from Secretary of State Frank LaRose earlier this year. While Yost emphasized the importance of the investigations and prosecutions, he sought to calibrate the scope of the issue.

Voting is a “sacred right,” Yost emphasized, and the six charges represent less than 1% of referrals by LaRose’s office. The AG added that he does not expect a prison sentence in any of the cases and expressed minor frustrations with the quality of the referrals.

Still, Yost’s announcement, which comes just two weeks before Election Day after months of drumbeats about alleged voter fraud, could fuel claims of a stolen election.

Yost’s role and authority

Yost’s office received more than 600 referrals of alleged voter fraud from the Secretary of State, which the Ohio Bureau of Criminal Investigation was investigating. Of these referrals, only 138 contained allegations of illegal voting; the rest had to do with issues such as improper registrations.

The attorney general emphasized that illegal voting is a “strict liability” violation.

“Think about a speeding ticket,” Yost said. “You get stopped for driving 80 kilometers per hour. You thought it was a 50 mile per hour zone. The officer tells you it’s 35. It makes no difference that you did not intend to speed, that you did not know you were speeding, or even that you were reckless or negligent – ​​you are simply liable, and ignorance of the law is no excuse.”

But his office can’t file charges until the local district attorney has been given “sufficient time” to handle the case itself. In total, Yost successfully filed six charges against lawful permanent residents.

• Ramesh Patel faces one count of illegal voting in Cuyahoga County
• Lorinda Miller is facing two counts of illegal voting in Summit County
• Nicholas Fontaine faces one count of illegal voting in Portage County
• Ahmed Aden, Van Thuy Cooper and Maria Dearaujo all face one count of illegal voting in Franklin County.

Each of the defendants is alleged to have voted in two or more elections between 2008 and 2020. They face fourth-degree felonies, which carry a maximum penalty of 18 months in prison and five years’ probation upon release. But given the facts of the cases, Yost said it’s unlikely any of them will end up behind bars.

“Having no criminal history or being part of a criminal enterprise, I do not consider this a good use of expensive state prison beds,” Yost explained. “That said, this is important. The right to vote is sacred. It is part of our exercise of sovereignty as a self-governing people.”

“If you are not a citizen, you have no say, period, and there should be consequences if you behave differently,” he added.

The indictment in context

Based on the 138 referrals of alleged illegal voting that his office received, Yost argued: “There are not enough of these cases, even if they are all justified, (…) that is simply not enough to justify one of those elections.” have changed. .”

The AG also expressed some frustration with the Secretary for referring so many cases where the only violation was related to registration.

“I have to talk to the secretary of state about the merits of those cases where there was no vote — I think we need to focus on the vote,” Yost said.

“I guess I don’t really want to distract people from critical incident investigations involving cops, child molesters and murderers pursuing voter registration cases for past elections,” he added.

And while Yost explained that his office is still processing cases and waiting to see whether prosecutors plan to file charges, he repeatedly emphasized that the number of actual charges is extremely low.

“I think this should allow everyone to take a deep breath and have more confidence that our elections are in fact secure and that non-citizens will not vote,” Yost emphasized. “And if that is the case – if that were to happen – the few who slip through the cracks will be held accountable.”

Why now?

On the other hand, with an election just two weeks away and one presidential campaign regularly amplifying baseless claims of voter fraud, Yost’s timing is complicated. Will his accusations reassure skeptics or encourage further conspiracy theories? Yost, for his part, argued that his office is merely conducting an investigation, as required.

“I started getting these referrals in August, and now here we are in mid-October and we have charges,” Yost said. “I will refer you to the Minister of Foreign Affairs regarding his choice of timing, but we have acted with due speed.”

David Becker of the Center for Election Innovation and Research was quick to emphasize that anyone who breaks the law must be held fully accountable — up to and including deportation. “That’s why we see this so rarely,” he said, “the punishments far outweigh the rewards.”

But while he argued that prosecutors should pursue the charges “diligently,” they should also do so “in close proximity to the crime.” Becker previously served as a senior trial attorney in the U.S. Department of Justice’s Voting Division, and he explained that the agency had strict rules against bringing cases near elections because of potential interference with the voting process.

“Why wouldn’t they wait until after the election to hold a press conference to announce an indictment?” he wondered out loud.

“The federal Department of Justice would never do this,” he said, “and I can’t imagine a good reason for a state law enforcement agency to issue charges for illegal voting, which may have happened a decade ago, two weeks ago.” took place. before a major presidential election.”

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