Lady avoids jail for voting dead mom’s ballot in Arizona

PHOENIX (AP) — A decide in Phoenix on Friday sentenced a lady o two years of felony probation, fines and neighborhood service for voting her lifeless mother’s poll in Arizona in the 2020 basic election.

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

The case towards Tracey Kay McKee, 64, is one in all only a handful of voter fraud cases from Arizona’s 2020 election which have led to charges, regardless of widespread perception 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 Court docket Decide Margaret LaBianca before the decide handed down her sentence. McKee stated that she was grieving over the lack of her mom and had no intent to impression the end result of the election.

“Your Honor, I would like to apologize,” McKee informed LaBianca. “I don’t wish to make the excuse for my conduct. What I did was unsuitable and I’m ready to accept the results handed down by the court docket.”

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

Assistant Legal professional General Todd Lawson performed a tape of McKee being interviewed by an investigator with his office the place she said there was rampant voter fraud and denied that she had signed and returned her mother’s ballot.

“The only method to stop voter fraud is to bodily go in and punch a ballot,” McKee told the investigator. “I mean, voter fraud goes to be prevalent so long as there’s mail-in voting, for certain. I imply, there’s no manner to ensure a good election.

“And I don’t consider that this was a fair election,” she continued. “I do consider there was a number of voter fraud.”

Tom Henze, McKee’s attorney, 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 said no one obtained jail time in these circumstances. He stated agreeing with Lawson that McKee ought to do 30 days jail time would elevate constitutional problems with fairness.

“Merely said, over an extended period of time, in voluminous circumstances, 67 cases, nobody in this state for similar instances, in related context ... nobody obtained jail time,” Henze said. “The court docket didn’t impose jail time in any respect.”

But Lawson stated jail time was essential as a result of the type of case has changed. While in years previous, most circumstances involved folks voting in two states because they both lived in or had property in both states, within the 2020 election individuals had purchased into Trump’s claims of widespread voter fraud.

“What we’re listening to is voter fraud is on the market,” Lawson instructed the judge. “And primarily what we’re seeing right here is somebody who says ‘Well, I’m going to commit voter fraud as a result of it’s a big downside and I’m just going to slip in beneath 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 stated. “And I feel the attitude you hear within the interview is the perspective that differentiates this case from the other cases.”

LaBianca stated that while she agreed with Lawson, ordering jail time would give McKee what she informed the investigator what she wanted: going after individuals who committed voter fraud.

“And if there have been evidence that this crime was on the rise, and that heightened deterrence may be referred to as for, the court might order jail time,” LaBianca stated. “But the report here does not show that this crime is on the rise.

“And abhorrent as it could be for somebody just like the defendant to assault the legitimacy of our free elections without any proof, except your own fraud, such statements should not unlawful as far as I know,” the judge continued.