Lady avoids jail for voting dead mother’s poll in Arizona

PHOENIX (AP) — A decide in Phoenix on Friday sentenced a lady o two years of felony probation, fines and group service for voting her lifeless mom’s ballot in Arizona within the 2020 common election.

But the choose rejected a prosecutor’s request that she serve not less than 30 days in jail because she lied to investigators and demanded that they maintain these committing voter fraud accountable.

The case towards Tracey Kay McKee, 64, is one of just a handful of voter fraud instances from Arizona’s 2020 election which have led to prices, regardless of widespread perception among many supporters of former President Donald Trump that there was widespread voter fraud that led to his loss in Arizona and different battleground states.

McKee, who was from Phoenix suburb of Scottsdale however now lives in California, sobbed as she apologized to Maricopa County Superior Courtroom Decide Margaret LaBianca earlier than the judge handed down her sentence. McKee mentioned that she was grieving over the lack of her mother and had no intent to impression the outcome of the election.

“Your Honor, I wish to apologize,” McKee informed LaBianca. “I don’t want to make the excuse for my habits. What I did was incorrect and I’m ready to simply accept the implications handed down by the courtroom.”

Both McKee and her mother, Mary Arendt, were registered Republicans, although she was not requested if she voted for Trump. Arendt died on Oct. 5, 2020, two days earlier than early ballots were mailed to voters.

Assistant Attorney Normal Todd Lawson played a tape of McKee being interviewed by an investigator with his office where she stated there was rampant voter fraud and denied that she had signed and returned her mother’s ballot.

“The only way to prevent voter fraud is to physically go in and punch a ballot,” McKee instructed the investigator. “I mean, voter fraud is going to be prevalent so long as there’s mail-in voting, for certain. I imply, there’s no manner to make sure a good election.

“And I don’t imagine that this was a fair election,” she continued. “I do consider there was a variety of voter fraud.”

Tom Henze, McKee’s legal professional, pointed to dozens of circumstances of voter fraud prosecuted in Arizona over the past decade, many for similar violations of voting another person’s poll, and mentioned no one got jail time in these instances. He stated agreeing with Lawson that McKee ought to do 30 days jail time would elevate constitutional problems with equity.

“Merely acknowledged, over a protracted time period, in voluminous cases, 67 instances, no person on this state for related circumstances, in similar context ... no person received jail time,” Henze said. “The courtroom didn’t impose jail time at all.”

However Lawson mentioned jail time was vital because the kind of case has changed. While in years past, most cases concerned people voting in two states because they either lived in or had property in both states, within the 2020 election individuals had bought into Trump’s claims of widespread voter fraud.

“What we’re listening to is voter fraud is on the market,” Lawson informed the judge. “And primarily what we’re seeing right here is somebody who says ‘Properly, I’m going to commit voter fraud because it’s a big downside and I’m just going to slide in underneath the radar. And I’m going to do it as a result of all people else is doing it and I can get away with it.’

“I don’t subscribe to that in any respect,” he said. “And I believe the perspective you hear within the interview is the perspective that differentiates this case from the other cases.”

LaBianca mentioned that while she agreed with Lawson, ordering jail time would give McKee what she instructed the investigator what she wanted: going after people who committed voter fraud.

“And if there have been evidence that this crime was on the rise, and that heightened deterrence could also be referred to as for, the court may order jail time,” LaBianca said. “But the report right here does not present that this crime is on the rise.

“And abhorrent as it might be for someone just like the defendant to attack the legitimacy of our free elections without any evidence, besides your personal fraud, such statements aren't illegal so far as I do know,” the decide continued.