Election Investigation Not Going Under The Rug

Outcome Could Mean Felony Charges
 

After an hour's conversation last week with Kim Westbrook Strach, Deputy Director-Campaign Reporting for the State Board of Elections there is no doubt that she considers the deliberate filing of a false financial report a serious election law violation worthy of its status as the only election law violation with that degree of crime.

Election forms say that they are certified to be true and accurate under penalty of perjury, a felony, Strach says that the entire system of finance reporting depends on such forms to be true and honest. That is why the filing of two forms--one by local farmer Stephen Thomas and one by Commissioner Jamie Kelly for the cost of the infamous signs is under serious investigation. One or the other committed a felony. Thomas claimed he signed the form at the request of two friends and has now publicly denied knowing anything about the matter.

The vendor reports that the signs were ordered by Jamie Kelly. This raises the issue of who and why one or more people decided to complete the form and have someone else sign the form. To "suborn" means to bribe or otherwise induce (someone) to commit an unlawful act such as perjury. Those involved in arranging for a false report signed under penalty of perjury can be charged with suborning perjury.

At the end of the investigation, the Board of Elections will turn the results of its investigation to the District Attorney who will determine what charges will be filed. If additional investigation is needed, it will be done by the SBI.

There may be several reasons a large portion of citizens believe that the entire matter will be swept under the rug. Failure to file forms by the Lee County GOP led earlier this year to a suspension of its activities. (click here) Then it was discovered that Commissioner Jamie Kelly had "mistake" by contributing corporate money to the local democratic party by paying for a table at a fund raising dinner. He was given a refund and paid with a personal check. These matters and such offenses as filing a report late almost never even bring the thought of legal action, even though they are in some cases technically misdemeanors.

Many members of the public believe that the perceived political and monetary influence of Jamie Kelly's grandfather, Oscar Keller, in state political circles will cause the entire matter to be swept under the rug. The state board of elections has been generally building a growing reputation for non-partisanship in the consideration of such matters as election law violations and even contested election.

Strach said she had never heard the name Oscar Keller, and his connection to Kelly would not influence anything her office did no matter what influence he tried to apply. She is particularly known for absolute dedication and fairness in her job and for aggressive pursuit of several high-profile cases, mostly against Democrats. The conversation with her left the impression that she is a person who cannot be intimidated in any investigation. Should she observe activity that she thought was actually impeding an investigation, she would ask the district attorney to investigate obstruction of justice.

Strach is aware that Kevin Bryant is a city detective.When informed that the various law enforcement agencies were being careful not to do any thing that might appear to interfere with the election board's investigation, she was adamant that the ongoing election board's investigation should not in any way impede any law enforcement from pursuing their normal procedures or legal responsibilities. "We have our job to do and those agencies have theirs and there is no reason for them not to proceed with doing their job. The ongoing election investigation should not stop them from following their procedures and doing what they are legally responsible for doing."

It is a fair assumption that Jamie Kelly, perhaps Stephen Thomas, will have excellent legal representation to deal with the district attorney's office if that times comes. What has to be of most concern is that Jamie Kelly not be charged and convicted with a crime that results in a felony conviction which would legally preclude his running for office. Yet, just what is  already known and assumed by the public is already a political millstone. If Kelly, in fact however, had nothing to do with obtaining Thomas's signature on the form and was unaware of the plan, the report from the board of elections is something he should welcome.

One thing is for sure is that the matter is not going to end up under a rug.

Refer to these earlier posts for further information:

Smear Campaign On Hincks Begins-Oct 18-19

The Secret's Out

Keller Family Behind Sign Attacks

Form Confirms Facts Reported in Previous Post

Kelly Coverup Clearly Planned

Formal Complaint To Be Filed Today

Complaint Filed With Local Board of Elections

Sanford Herald to Kelly: Step Down or Fess Up

No Step Aside, No Fess Up, No Nothing

Stone in Partnership With Subject of Sign Investigation

What We Think We Know About Signs Could be Wrong

Status of Perjury Complaint to be Reviewed Today