MONTGOMERY COUNTY RESIDENT PLEADS GUILTY TO VOTER FRAUD
State Prosecutor Emmet C. Davitt has announced today that Linda Earlette Wells, a Montgomery County resident, entered a guilty plea to the charge of impersonating another person in an attempt to vote in the Maryland 2012 Presidential General Election.
The Honorable Paul H. Weinstein, sentenced Wells to Probation before Judgment. A copy of the statement of facts submitted to the court is available at www.ospmd.org.
State Prosecutor Emmet C. Davitt stated: “The most basic principle of a fair election is the concept ‘one person, one vote’. The integrity of the ballot box and voting process is essential to our democratic society. We cannot and will not tolerate attempts to subvert this vitally important process.”
For Immediate Release September 11, 2013 MONTGOMERY COUNTY RESIDENT PLEADS GUILTY TO VOTER FRAUD State Prosecutor Emmet C. Davitt has announced today that Linda Earlette Wells, a Montgomery County resident, entered a guilty plea to the charge of impersonating another person in an attempt to vote in the Maryland 2012 Presidential General Election. The Honorable Read the Rest…
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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, Linda Earlette Wells and her attorney Debbie Levi, 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 Beatrice Wells, the provisional ballot signed by a Beatrice Wells, and various other election records. 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.
The defendant, Linda Earlette Wells, is the adult daughter of Beatrice Moore Wells. Until Beatrice Moore Wells’ death on or about June 22, 2011, Beatrice Moore Wells was duly registered as a Maryland voter in Montgomery County. The defendant Linda Earlette Wells, was not registered to vote in Maryland at the time of the operative facts in this indictment. At the time, Linda Earlette Wells was duly registered to vote in Broward County Florida.
On November 5, 2012 Linda Earlette Wells phoned the Montgomery County Board of Elections and spoke to Phillip Olivetti. Ms. Linda Earlette Wells identified herself to Mr. Olivetti as Beatrice Moore Wells, her deceased mother, and informed the Montgomery County Board of Elections that she was not dead and wanted to vote. The Montgomery County Board of Elections, through Mr. Olivietti, advised Ms. Linda Earlette Wells, whom he believed to be Beatrice Wells, to go to the polls and cast a provisional ballot.
Mr. Philip Olivetti, then consulted with his supervisor, Ms. Betty Ann Lucy, and based on Ms. Linda Earlette Wells’ false representation that she was in factBeatrice Wells and alive, the Montgomery County Board of Elections changed Beatrice Wells’ voter registration from cancelled due to death to active.
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 as Beatrice Wells. 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.”
On November 8, 2012, Linda Earlette Wells, called the Montgomery County Board of Elections and informed them that she took her mother’s id to the polls and voted in her mother’s name. By chance, Ms. Wells spoke again with Mr. Olivietti. In this same conversation, Linda Earlette Wells asked the Montgomery County Board of Elections to retrieve her ballot and “rip it up.” Mr. Olivetti of the Montgomery County Board of Elections informed Linda Earlette Wells that he did not have authority to do that. At that time, the employee explained to Linda Earlette Wells that if she wanted her provisional ballot not to be counted she needed to write a letter to the President of the Board of Elections and provided Linda Earlette Wells with the contact information to supply the letter. The Montgomery County Board of Elections never received the letter from Linda Earlette Wells requesting that her provisional ballot be cancelled.
On May 28, 2013, Linda Earlette Wells admitted to investigators of the Office of State Prosecutor that she did vote using her mother’s id and name. Linda Earlette Wells stated to Investigative Assistant O’Connor that she realized her actions were wrong several days after casting the provisional ballot as her mother, and she called to ask that the provisional ballot be destroyed. Wells admitted that she was informed the ballot could not be destroyed unless she requested to do so in writing. Ms. Wells also told investigators that she did not follow up her request to have the ballot destroyed in writing as required by the State Board of Elections.
Linda Earlette Wells’ ballot, cast as Beatrice Wells’ ballot, was not counted in the Maryland 2012 Presidential General Election.
If called to testify, Investigative Assistant O’Connor could identify the defendant as Linda Earlette Wells. All events occurred in Montgomery County, State of Maryland.
STATE OF MARYLAND * IN THE CIRCUIT COURT V. * FOR MONTGOMERY COUNTY LINDA EARLETTE WELLS * CASE NO: 123206-C * * * * * * * * * * * * AGREED STATEMENT OF FACTS It is agreed by and between the State of Maryland, by Emmet C. Davitt, State Prosecutor Read the Rest…
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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
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 Read the Rest…
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