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Van Hollen Charges Five With Election Fraud


"Wisconsin citizens should not have to wonder whether their vote has been negated or diminished by illegally cast ballots." Attorney General J.B. Van Hollen


MILWAUKEE - Attorney General J.B. Van Hollen announced today that the Milwaukee Election Fraud Task Force has brought additional electoral fraud cases against five Wisconsin residents.  The Department of Justice, acting as Special Prosecutor for Milwaukee County, has filed felony charges against Maria Miles, Kevin Clancy, Michael Henderson, Herbert Gunka, and Suzanne Gunka, all alleging election fraud arising out of the November 4, 2008, Presidential Election.


"The integrity of elections is dependent upon citizens and officials insisting they be conducted lawfully. Wisconsin's citizens should not have to wonder whether their vote has been negated or diminished by illegally cast ballots," Attorney General J.B. Van Hollen said.


According to the criminal complaints, Miles and Clancy served as Special Registration Deputies ("SRD") for the City of Milwaukee in advance of the 2008 Presidential Election.  Each worked for the Association of Community Organizations for Reform Now ("ACORN").  Miles and Clancy are each charged with the felony offense of Falsely Procuring Voter Registration as Party to a Crime.  The complaint alleges that Miles and Clancy submitted multiple voter registration applications for the same individuals, and also were part of a scheme in which they and other SRDs registered each other to vote multiple times in order to meet voter registration quotas imposed by ACORN.


Henderson is charged with one count of Voting by a Disqualified Person and one count of Providing False Information to Election Officials, both felonies.  The complaint alleges that Henderson registered to vote at the polls on November 4, 2008, thereby certifying that he was a qualified elector.  It also alleges that he then cast a ballot.  At that time, Henderson was on an active period of probation for felony convictions from Rock County.  A felon on an active period of supervision for a felony offense is prohibited by state law from voting in any election.


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 individual charge carries a potential penalty of imprisonment up to 3 years and a $10,000 fine.  All defendants are ordered in for an initial appearance on April 20, 2010, at 1:30 p.m.


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. 


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.


Copies of the criminal complaints can be accessed at: