Woman avoids jail for voting useless mother’s ballot in Arizona

PHOENIX (AP) — A decide in Phoenix on Friday sentenced a girl o two years of felony probation, fines and community service for voting her dead mom’s poll in Arizona in the 2020 normal election.

But the decide rejected a prosecutor’s request that she serve at least 30 days in jail because she lied to investigators and demanded that they hold these committing voter fraud accountable.

The case in opposition to Tracey Kay McKee, 64, is one among just a handful of voter fraud instances from Arizona’s 2020 election that have led to expenses, despite widespread belief 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 choose handed down her sentence. McKee mentioned that she was grieving over the loss of her mother and had no intent to impression the outcome of the election.

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

Each McKee and her mother, Mary Arendt, had been registered Republicans, though she was not asked if she voted for Trump. Arendt died on Oct. 5, 2020, two days before early ballots have been mailed to voters.

Assistant Lawyer General Todd Lawson played a tape of McKee being interviewed by an investigator along with his workplace the place she mentioned there was rampant voter fraud and denied that she had signed and returned her mother’s poll.

“The only way to stop voter fraud is to bodily go in and punch a ballot,” McKee informed 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 means to make sure a fair election.

“And I don’t believe that this was a good election,” she continued. “I do consider there was quite a lot of voter fraud.”

Tom Henze, McKee’s legal professional, pointed to dozens of instances of voter fraud prosecuted in Arizona over the previous decade, many for related violations of voting another person’s poll, and mentioned nobody acquired jail time in those circumstances. He stated agreeing with Lawson that McKee should do 30 days jail time would increase constitutional issues of equity.

“Simply stated, over a protracted time frame, in voluminous instances, 67 cases, nobody in this state for similar instances, in related context ... no one bought jail time,” Henze stated. “The courtroom didn’t impose jail time in any respect.”

However Lawson said jail time was vital as a result of the kind of case has changed. While in years previous, most circumstances concerned folks voting in two states as a result of they either lived in or had property in both states, in the 2020 election people had purchased into Trump’s claims of widespread voter fraud.

“What we’re hearing is voter fraud is on the market,” Lawson told the choose. “And primarily what we’re seeing here is somebody who says ‘Well, I’m going to commit voter fraud as a result of it’s a big drawback and I’m just going to slide in under the radar. And I’m going to do it because 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 think the perspective you hear within the interview is the attitude that differentiates this case from the opposite cases.”

LaBianca said that while she agreed with Lawson, ordering jail time would give McKee what she informed the investigator what she needed: going after people who dedicated voter fraud.

“And if there were proof that this crime was on the rise, and that heightened deterrence could also be called for, the court may order jail time,” LaBianca said. “However the file right here does not show that this crime is on the rise.

“And abhorrent as it may be for somebody just like the defendant to attack the legitimacy of our free elections without any evidence, except your personal fraud, such statements are usually not illegal as far as I know,” the choose continued.