Posted 11:42 pm Saturday, January 21, 2012
Two Winona Residents Arrested For Casting Illegal Votes In 2009
By ADAM RUSSELL
Staff Writer
Staff Writer
Two Winona residents are awaiting legal action by the Texas Attorney General's Office regarding illegal votes cast in the 2009 alcohol election.
Ronnie Marsh, 47, and Ann Marie Marsh, 49, both of Winona, were arrested by the attorney general's office Dec. 14 for illegal voting. They were released from Smith County Jail on a $5,000 bond the same day.
According to an arrest affidavit, the two face second-degree felony charges for "knowingly" voting in the election when they knew they were not eligible. The case will be heard in the 241st District Court but no trial date has been set.
In May 2009, a proposition that would have allowed the "legal sale of all alcohol" including beer, wine and spirits within the city limits for off-premise consumption failed by a vote of 94-94. Existing alcohol law cannot be changed with a tie vote.
Only residents living inside the Winona city limits were allowed to vote on the proposition. Allegations that illegal votes were cast were soon verified and a civil case to overturn the elections result was filed.
An assigned senior judge declared evidence insufficient to overturn results in the Winona local alcohol election and called for a new election Nov. 3, 2009.
Seven voters were deemed ineligible by the court because the election department determined they did not live within the city limits of Winona when they cast their ballots.
Because voting in Smith County is done electronically there is no way to determine how any individual voted on their ballots unless they choose to reveal the information during testimony. The judge in the case called the witnesses' voting rights "sacred" and would not compel voters to reveal how they voted if they invoked the Fifth Amendment. Three of those voters testified that they voted "for" the proposition, while the remaining four chose not to answer how they voted under protection of the Fifth Amendment.
During testimony, Winona City Administrator James Bixler testified that one of the ineligible voters, Marsh, his cousin, informed him after the election that he had "voted against" the proposition. Marsh invoked his Fifth Amendment rights to all questions on advice from legal counsel. No other witnesses were called to testify as to how the remaining voters voted.
Ross did not return phone calls neither did the Marshes. Attorney Cynthia Kent, who represents the Marshes, said she could not comment on the case because it is pending litigation. The attorney general's office does not comment on pending cases.
Neither side could comment as to why the Marshes are the only voters among the seven who were arrested and face legal action in the case. Bixler said the only question he was asked was if he was aware that Marsh voted. He said he was never asked by the judge or the attorney general investigator if Marsh voted in the election with prior knowledge his vote was illegal.
The same local option proposition passed during the November 2009 election by a vote of 124-106, or 54 to 46 percent.
According to election code, voting illegally is a third-degree felony.
A third-degree felony could result in two to 10 years in prison or probation and up to $10,000 in fines.
Tom Kelley, a spokesman for the Attorney General's Office, said there are pending indictments for nine other individuals in statewide illegal voting cases. A conviction in Brooks County garnered the individual 90 days in jail and five years probation. Ross Frank, 56, of Frankston, also faces second degree felony charges for illegally voting in the 2009 city council election.
