CONCORD — Attorney General Gordon J. MacDonald announces that on Sept. 6, a Rockingham County Grand Jury indicted Grace Fleming, 70, and John S. Fleming, Jr., 71, of Hampton, New Hampshire, for alleged violations of RSA 659:34-a and 659:34, I (b) & II for knowingly voting twice in the same election. Both Grace and John Fleming are scheduled to be arraigned in the Rockingham County Superior Court on Oct. 5, at 1 p .m.
The indictments allege that both Grace and John Fleming cast an absentee ballot in Hampton, New Hampshire for the Nov. 8, 2016 general election, and also cast a ballot in Belchertown, Massachusetts during the same Nov. 8, 2016 general election.
These acts are in violation of RSA 659:34-a, Voting in More Than One State Prohibited, which makes it a Class B felony to knowingly check in at the checklist and cast a New Hampshire ballot on which one or more federal or statewide offices are listed if the person also casts a ballot in the same election held in any other state where one or more federal or statewide offices are listed. In addition, RSA 659:34, I (b) & II, makes it a class B felony to knowingly vote more than once for any office or measure.
Each of the felony charges carries a maximum penalty of 3 ½-7 years of imprisonment and a $4,000 fine. Additionally, anyone convicted of a willful violation of the state’s election laws may lose the right to vote in this state pursuant to the New Hampshire Constitution.
New Hampshire is part of the Interstate Voter Crosscheck Program, which is a multi-state database that is used to compare voter information for the purpose of detecting voters who are registered in more than one state.
The Secretary of State is tasked with the responsibility of investigating matches found in the crosscheck database for the purpose of determining if an individual has cast more than one ballot in a single election. The results of that investigation are then forwarded to the Attorney General.
The Sept. 6 indictments are a result of this process.
Apart from the indictments announced on Sept. 6, the Attorney General’s investigation into voter data provided by the Secretary of State’s Office remains active and ongoing.
The charges and allegations are merely accusations, and Grace and John Fleming are presumed innocent unless and until proven guilty.
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