September 19, 2013: Elsie Virginia Schildt Agreed Statements of Facts
STATE OF MARYLAND * IN THE CIRUCIT COURT
V. * FOR FREDERICK COUNTY
ELSIE VIRGINIA SCHILDT * CASE NO: 10K13053690
* * * * * * * * * * * *
STATEMENT OF FACTS
It is agreed by and between the State of Maryland, by Emmet C. Davitt, State Prosecutor and Nicolle Norris, Senior Assistant State Prosecutor, and the Defendant, Elsie Virginia Schildt, and her attorney Richard P. Bricken, Esquire, that if this matter were called for trial, the State would have produced witness testimony, documentary evidence, including but not limited to the death certificate of Elsie Mae Schildt, the Oath of Absentee Voter for Elsie Mae and Elsie Virginia Schildt, the absentee ballot envelopes for Elsie Mae and Elsie Virginia Schildt and, the Voter registration application for Elsie Virginia Schildt. The aforementioned evidence would have established the following:
Voting in the Maryland 2012 Presidential General Election concluded on November 6, 2012 at 8 p.m.
Elsie Virginia Schildt is the adult daughter of Elsie Mae Schildt.
Until her death in 2012, Elsie Mae Schildt was duly registered as a Maryland voter in Frederick County. The defendant, Elsie Virginia Schildt is also a resident of Frederick County, Maryland and was a duly registered voter in Frederick County, Maryland.
On or about March 26, 2012, both Elsie Mae and Elsie Virginia Schildt requested absentee ballots for the Maryland 2012 Presidential General Election.
On or about October 10, 2012, Elsie Virginia Schildt completed and signed her absentee voter ballot in her own name and cast her vote by causing the absentee ballot to be mailed and delivered to the Frederick County Board of Elections, Winchester Hall, 12 East Church Street, Frederick, Maryland. The Frederick County Board of Elections received Elsie Virginia Schildt’s absentee ballot on or about October 11, 2012 at 1:26 p.m. Elsie Virginia Schildt’s absentee ballot was counted in the Maryland 2012 Presidential General Election.
Elsie Mae Schildt died on September 24, 2012.
The Maryland State Board of Elections contracted out the mailing of the absentee ballots in the Maryland 2012 Presidential General Election to Runbeck an Arizona corporation. According to the business records of Runbeck, Elsie Mae Schildt’s absentee ballot was mailed from Florida to her address in Frederick, Maryland on October 3, 2012.
On or about November 3, 2012, Elsie Virginia Schildt signed her mother’s name, Elsie Mae Schildt, to her mother’s absentee ballot under the “Oath of Absentee Voter.” Elsie Virginia Schildt dated the signature as November 3, 2012. The Oath of Absentee Voter that Elsie Virginia Schildt signed as Elsie Mae Schildt states as follows:
Under penalty of perjury, I hereby swear (or affirm) that I am qualified to vote in the election and that I have not voted and do not intend to vote elsewhere in this election.
The absentee ballot in the name of Elsie Mae Schildt was postmarked November 5, 2012 and mailed to the Frederick County Board of Elections. The absentee ballot in the name of Elsie Mae Schildt was received by the Frederick County Board of Elections on November 7, 2012 at 9:30 a.m. The absentee ballot in the name of Elsie Mae Schildt was not counted because an employee of the Frederick County Board of Elections had prior knowledge of Elsie Mae Schildt’s death.
At trial, The State would have called Stuart Harvey, Director of the Frederick County Board of Elections who would testify, among other things, that the signed Oath of the Absentee Voter constitutes proof of that particular signer as having voted that particular election ballot.
On May 15, 2013 Chief Investigator James Cabezas and Investigator Charles O’Connor travelled to Frederick County to interview Elsie Virginia Schildt. During the interview, Elsie Virginia Schildt admitted that she signed her mother’s name to the oath of absentee ballot after her mother’s death.
If called to testify, Investigative Assistant Charles O’Connor could identify the defendant as Elsie Vriginia Schildt. All events occurred in Frederick County, State of Maryland.