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MILWAUKEE - Attorney General J.B. Van Hollen announced today that two individuals charged with election fraud arising out of the November 4, 2008, Presidential Election were bound over for trial following their appearances in preliminary hearing court this afternoon. Herbert and Suzanne Gunka were charged by the Election Fraud Task Force, a collaborative effort between the Wisconsin Department of Justice, the Milwaukee District Attorney's Office and the Milwaukee Police Department.
The defendants appeared before Milwaukee County Circuit Court Commissioner David Sweet. Following a preliminary hearing, Commissioner Sweet found probable cause to believe each defendant committed a felony and bound them over for trial. Not guilty pleas were entered as to each defendant. Scheduling conferences have been set for 8:30 a.m. on July 21, 2010, before Judge Richard Sankovitz.
Herbert and Suzanne Gunka are each charged with the felony offense of Double Voting. The complaint alleges that they each voted in the November 2008 election by casting absentee ballots before the election. The complaint also alleges that after casting absentee ballots, they each voted in person at their polling place on election day.
Each charge carries a potential penalty of imprisonment up to 3 years and a $10,000 fine.
Prior to the November 2008 election, Attorney General J.B. Van Hollen and Milwaukee County District Attorney John Chisholm announced the creation of the Election Fraud Task Force, a multi-jurisdictional action team that evaluates, investigates and prosecutes complaints of electoral fraud. The Wisconsin Department of Justice and the Milwaukee County District Attorney's Office work cooperatively with local law enforcement and the Milwaukee Police Department as needed when investigation is required.
A criminal complaint is a document accusing a person of a violation of criminal law. A defendant enjoys a presumption of innocence. The prosecution must prove its allegations at trial beyond a reasonable doubt.
Assistant Attorney General David W. Maas is representing the State.