Investigation of Possible Campaign Violation Is Underway In Marinette

Marinette mayoral candidate Martha Karban spent a couple of volunteer hours Monday, March 12 helping wheelchair-bound residents of Luther Home get to a special polling place at the nursing home to cast absentee ballots for the City of Marinette elections on Tuesday, April 3.

There are concerns that Karban’s activity and presence as a candidate at the polling place might constitute a violation of Wisconsin election laws. Possible illegal distribution of Karban’s campaign literature at the voting site is also being investigated.

In accord with pre-arranged special absentee voting procedures, two deputy clerks from Marinette City Hall set up voting spaces in a small reception area near the chapel in Luther Home’s front entry hall and handled the special absentee voting there from 5 p.m. to 7 p.m. on Monday.

Investigation is underway to determine if Karban’s presence at the polling place and work helping residents in connection with voting was in fact a violation of Chapter 12 of the state’s election laws, and also if campaign literature was handed out properly or improperly.

Marinette City Clerk Jim Anderson and Marinette County District Attorney Allen Brey declined to identify the person involved, but confirmed Tuesday that they have received complaints concerning prohibited election practices during the Luther Home absentee voting that may constitute violation of election laws as stated in Chapter 12 of Wisconsin State Statutes. Both said the matter is being investigated.

Karban confirmed that she did transport residents to vote, and remained at the voting site to help them back to their units at the nursing home after voting.

Anderson said the State Elections Board and the District Attorney’s office are already involved, and he expects responses very soon.

Brey said Sheriff Jerry Sauve has agreed to have his officers investigate. “When their investigation is complete I’ll take appropriate action, if any,” he said, adding, “I intend to be very thorough and deliberate in my decision making, and before deciding on an appropriate course of action I will consult with experts on election law in Madison.”

Both Anderson and Brey referred to possible violations of Chapter 12.03(2)(b)2 of Wisconsin law, which states: “No person may engage in electioneering during the hours that absentee ballots may be cast on any public property within 100 feet of an entrance to a building containing the municipal clerk’s office or an alternate site under � 6.855,” and Chapter 12.03(2)(b)3, which states: “No person may engage in electioneering within 100 feet of an entrance to or within a nursing home, qualified retirement home, qualified community-based residential facility, qualified residential care apartment complex, or qualified adult family home while special voting deputies are present at the home or facility.”

Electioneering by some definitions includes distribution of campaign literature and speaking on behalf of a specific candidate, or “ to take part actively and energetically in the activities of an election campaign.”

Brey said if a determination is been made that a law was violated he and/or the courts would need to decide what penalty fits. Even if a law was broken, the name of a candidate cannot be removed from the ballot, but there are other penalties depending on the severity of the violation.

Brey said regardless of other findings as to the legality of Karban’s presence, the absentee ballots from Luther Home could be challenged after the election, “but that’s recount stuff...an entirely different process.”

Anderson said if the ballots are disputed and must be disregarded it will be no problem for poll workers to determine which came from Luther Home. “Whenever you vote absentee you give up your right to privacy,” Anderson explained.

Karban is employed by Greenfield Rehabilitation, which contracts with Luther Home to provide that type of assistance with residents. But she was not on duty Monday night. She said there were no personnel activities people scheduled to work that evening.

“A couple of people asked if I was coming out that night to help, and I said I would,” Karban explained. “I’m feeling really bad now, I did what I thought was nice,” she added. “I certainly would not have compromised the residents or myself by doing something that I didn’t think was right. I didn’t help anybody vote. I just took them to the voting place, and then took them back. I didn’t bring people from the Alzheimer’s unit... I only asked people that were already in their chairs and wanted to go down there. This is a big place, and traveling the hallways can be tiring.”

She estimates 30 to 40 residents cast absentee ballots, and said the wait was so long, nearly an hour, that some of the elderly residents went away without voting.

Karban said she received a call from Anderson, who thought she was handing out campaign literature during the voting. She said she was not, but that she had visited her friends at the nursing home during the weekend and handed it out. “These people are like family, they’re my friends,” she said. “I see them every day.”

On Tuesday, Feb. 21, Karban and Denise Ruleau topped a field of seven candidates to become finalists in the race to succeed incumbent Mayor Robert Harbick, who is not seeking re-election.

Karban said she did not transport residents for the primary election, which was a more simple ballot with not as many choices.

Anderson explained the nursing home absentee voting is done as a special arrangement set up in accord with state statutes. Special deputies are appointed to supervise voting at the nursing homes. He said his office posts signs at the nursing home in advance of the event, “and we leave it up to the nursing homes to communicate to residents that they will be voting on that day. Then it’s the decision of residents if they want to vote or not.”

There is a similar voting arrangement set up for Monday, March 19 at the Ludington Apartments, Anderson said.

He said often nursing home residents need assistance with voting, for example they cannot see to make their choices, or their hands aren’t steady enough to mark the ballot. The special deputy clerks can help with those problems, but cannot advise residents who to vote for.

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