INDICTMENT

 

The Grand Jurors for the State of Maryland for Montgomery County do on their oath present:

Facts Common to All Counts:

 

1.  Voting in the Maryland  2012 Presidential General Election concluded on

 

November 6, 2012 at 8 p.m.

 

2.   The defendant, LINDA EARLETTE WELLS, is the adult daughter of Beatrice

 

Moore Wells.

 

3.   Until her death on or about June 22, 2011, Beatrice Moore Wells was duly registered as a Maryland voter in Montgomery County.

4.   The defendant, LINDA EARLETTE WELLS, was not registered to vote in Maryland at all times relevant to this indictment. LINDA EARLETTE  WELLS was duly registered to vote in Broward County, Florida.

5.   On November 5, 2012, LINDA EARLETTE WELLS, phoned the Montgomery

 

County Board of Elections and represented herself to be Beatrice Wells.

 

6.   LINDA EARLETTE  WELLS, impersonating Beatrice Wells, informed the

 

Montgomery County Board of Elections that she was not dead and wanted to vote.

 

7.   Based on LINDA EARLETTE  WELLS’ false representation that she was in fact Beatrice Wells and not dead, the Montgomery County Board of Elections changed Beatrice Wells’ voter registration from cancelled (due to death) to active.

8.   On November 6, 2012, LINDA EARLETTE WELLS, impersonating  Beatrice Wells, cast a provisional ballot at polling place number 929, Roberto Clemente Middle School in Montgomery County, Maryland.

9.   In casting her provisional ballot as Beatrice Wells, LINDA EARLETTE  WELLS, signed an oath stating, in pertinent part, “I am a registered voter in Maryland and eligible to vote in this election.”

10. LINDA EARLETTE  WELLS’ provisional ballot was not counted in the Maryland

 

2012 Presidential General Election.

 

Count One-Impersonate  a Voter in order to Register in the Name of the Voter

 

11. The allegations of Paragraphs 1-10 are incorporated herein as if set forth in full.

 

12. And the jurors aforesaid, upon their oath aforesaid, do further present that the said

 

LINDA EARLETTE WELLS,

 

on or about November 5, 2012 in Montgomery County, State of Maryland, willfully, knowingly and unlawfully, impersonated another person in order to register to vote in the 2012 Maryland Presidential General Election in the name ofthe registered voter, in violation of §16-101(a)(1),  and§ 16-101(b) ofthe Election Law Article, against the peace, government and dignity ofthe State.

Illegalvoting,  EL§ 16-101(a)(1), § 16-101(b);

5 years and/or $1,000

 

 

 

Count Two-Attempt to Vote Under a False Name

 

13. The allegations of Paragraphs 1-10 are incorporated herein as if set forth in full.

 

14. And the jurors aforesaid, upon their oath aforesaid, do further present that the said

 

LINDA EARLETTE WELLS

on or about November 6, 2012, in Montgomery County, State of Maryland, did willfully, knowingly and unlawfully attempt to vote under a false name in the

2012 Maryland Presidential General Election, in violation of§ 16-201(a)(1)(ii) and§ 16-201(b) ofthe Election Law Article, against the peace, government, and dignity of the State.

Illegal Voting, EL §I 6-201(a)(1)(ii),  § 16-201(b);

5 years and/or $2,500.00

 

 

 

Count Three-Impersonate Another Person in Attempt to Vote

 

15. The allegations of Paragraphs 1-10 are incorporated herein as if set forth in full.

 

16. And the jurors aforesaid, upon their oath aforesaid, do further present that the said

 

LINDA EARLETTE WELLS,

 on or about November 6, 2012 in Montgomery County, State of Maryland did willfully, knowingly, and unlawfully, impersonate another person in order to attempt to vote in the 2012 Maryland Presidential General Election, in violation of§  16-201(a)(1)(i), and§ 16-201(b) of the Election Law Article against the peace, government and dignity of the State.

 

 

Illegal voting, EL § 16-201(a)(1)(i),  § 16-201(b);

 5 years and/or $2,500