Ryan: No evidence found to back voter fraud claim

Crow Wing County Attorney Don Ryan said Friday afternoon that his office did not find evidence to substantiate a Crow Wing Township resident's claim of voter fraud that was said to have taken place on Oct. 29 at the Historic Crow Wing County Courthouse.

Monty Jensen, 29, of Crow Wing Township, filed a complaint Nov. 1 with Ryan's office, the day before the election, requesting an investigation into a situation he said he saw Oct. 29 while filling out his absentee ballot.

In his affidavit, Jensen said he witnessed what appeared to be staff members from a group home filling out a client's ballot and verbally instructing a client who to vote for during absentee balloting.

Jensen said Friday that he hadn't yet spoken to Ryan about the outcome to his complaint so he didn't want to comment on that. Jensen said he needs to review the case and if he feels it was done improperly - he has some concerns about it already, he said. Then he said he will take it to the secretary of state's office or FBI. He said if it's a legislative issue over voter assistance at the polls, he'll take it to area lawmakers.

"I have no personal interest in this, I just saw what I saw and I don't believe it was right and I need to look into what the investigation found," Jensen explained.

Jensen said his ultimate concern in bringing forth this complaint was to help vulnerable adults.

"If those people were exploited as vulnerable adults, it ultimately exploits the American citizen," Jensen said. "Hey, I'm a disabled vet. I think everybody should have the right to vote as long as it meets the criteria of the law and is in the best interest of the law. I know what I saw and it's concerning."

Ryan said his office concluded its investigation Friday into Jensen's claim of voter assistance fraud, a felony if someone was charged. Ryan said since Nov. 1 Crow Wing County Sheriff's investigators Chad Turcotte and Gary Fagerstrom have been investigating the complaint, interviewing county auditor's office employees and staff and residents of a group home who were at the courthouse voting at the time, as well as other voters who filled out absentee ballots at the same time as Jensen and his girlfriend.

Ryan said that it was appropriate for Jensen to bring his concerns of voter assistance fraud to his office but Ryan said he doesn't have evidence to charge anyone for voter assistance fraud.

"I have nothing to charge," Ryan said. "I have no evidence that anybody committed a crime. What Mr. Jensen observed is somewhat substantiated. He brought forth concerns that from his perspective, and even from my perspective, were appropriate to bring forth to our attention. We want to see accurate, honest elections and we want the rules to be abided by - I support that. If I felt a crime was committed, I'd prosecute that. But I have to have evidence that proves beyond a reasonable doubt and it just isn't there."

Ryan said one accusation or rumor that has been circulating is that the Democratic Party was behind this; Ryan denies this.

"There is absolutely no evidence that the Democratic Party was involved in any way with providing voter assistance at the Crow Wing County Courthouse on Oct. 29, 2010, in the circumstances surrounding Mr. Jensen's complaint," Ryan said. ""There is no evidence that any union was involved in any way with providing voter assistance in Crow Wing County."

Ryan said investigators tracked down the group of about 13-15 people who came in Oct. 29 and voted, which included nine handicapped clients and about five or six staff members. Some of the clients had voted before, while some had changed addresses so they had to register to vote in their current precinct. All nine clients got their ballots and went to vote.

Ryan said investigators also tracked down other voters who had cast absentee ballots at the same time at the courthouse and also noticed the group home residents who came to vote with staff members.

"Nobody saw anything that was inappropriate," said Ryan. "We followed up with other people in that same time window and nobody saw anything that Mr. Jensen saw."

In Jensen's affidavit, he stated that a county employee in the auditor's office told him, "You didn't even know the half of it, this is the fourth group today," after he complained how group home staff members were assisting the handicapped clients to vote. No other group home or assisted living residents had come in as a group to vote that day and Ryan said he is confident that investigators pinpointed the right group of individuals who voted when Jensen did. Ryan said none of the county employees remember saying that to him.

Jensen said in an interview with the Dispatch Nov. 1 that a person who appeared to be a group home staff member instructed a client to vote for DFL candidates. Ryan said the investigation found there were five of the group home clients who received voting assistance during this time.

One physically handicapped client was assisted by a male staff member and it was the third time this person had been assisted with voting. Ryan believed the man may have suffered from Parkinson's disease and he couldn't fill in the ovals on the ballot.

"This person's family is a diehard Democratic family and always voted a straight ticket. He's very proud of it and is very verbal about it," Ryan explained. "He was verbal at the poll and speaking loud enough so anyone could hear it. The guy (staff member) was to only vote Democrat for him. This male person assisted him before and was consistent in how he voted before."

A second handicapped client in a wheelchair was unable to physically fill out the ballot and had the ballot read to him by another male staff member, Ryan said. The client chose who to vote for and the staff member filled it out for him.

A female staff member read the names of candidates and the client she helped indicated who to vote for. This helper also voted that day via absentee ballot and in her statement she said she voted for candidates that her client didn't vote for.

Another woman, who met the physical description of a person that Jensen saw there helping clients, was found to have helped two clients to vote.

"She denied doing anything inappropriate," said Ryan. "She would read the question off to them and the client would indicate who they wanted to vote for by pointing to who they wanted to vote for and the client would fill out the ballot. Then she would darken the 'bubble' and make sure it was dark enough to be read. I think that's appropriate assistance. She would read them the whole ballot and make sure they understood it and she voted that day."

Ryan said this was the first voter fraud complaint he's dealt with in his 16 years as county attorney.

JODIE TWEED may be reached at jodie.tweed@brainerddispatch.com or 855-5858.