Harmon claims criminal acts in vote
Local prosecutor says no evidence of tampering

By MELISSA KNIFIC and ERIK JOHNS, The Advocate Reporters   03 February 2005

NEWARK After reviewing more than 700 voting machines, Domestic Relations Court Judge candidate Paul Harmon has requested a criminal investigation of the Licking County Board of Elections.

But the county's top prosecutor says Harmon will have to take that up with the proper authorities.

Harmon, a private-practice lawyer, filed his request in a letter to Licking County Prosecutor Robert Becker.

Harmon alleges voting machines used in the Nov. 2 election have been tampered with and ballot booklets removed from them. Harmon finished second in the election behind Craig Baldwin by 214 votes.

Becker, whose office will represent the Board of Elections in the civil election challenge pursued by Harmon, said no criminal investigation is under way in his office and furthermore, the prosecutor's office is not the place to initiate one.

"He ought to know by now you initiate a criminal investigation with the police," Becker said, adding: "As far as I know, the sheriff's office is at 155 East Main and the police department is at 40 West Main."

Becker added that he does not believe there has been any malfeasance by anyone at the board of elections.

"I am absolutely convinced everything he's demanded to be preserved has been preserved," he said.

Becker wouldn't comment further, noting that there is pending litigation in the 5th District Court of Appeals in Canton.

Harmon's election-contest petition is scheduled to go to trial sometime soon in the court of appeals. Court Administrator Trevor Buehler said that no trial date has yet been set, but it will likely be sometime next week.

Harmon said Wednesday that he would like to have the petition hearing postponed, but doesn't think that is likely, and he will be ready to go next week in the court of appeals.

A request by Harmon in December to examine the voting booths and booklets used in the election was granted.

In a document dated Feb. 1, Harmon claims his investigation of the equipment indicated results of the election are inaccurate.

The document also said mistakes with some machines may have caused some people to cast votes for a candidate they didn't intend to vote for and the voting machines, after being examined, were dismantled against his wishes. He also claims unused ballots were left in an open box next to a table where they could have been easily removed.

"My goal all along has been: What's the truth?" Harmon said.

Harmon said he doesn't believe he's been shown everything he was able to view through his court order.

Elections Board Chairman Michael King declined to comment on Harmon's latest allegations, but said, "We'll let the court decide."