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Home > St. Charles County Election Authority v. Doe

St. Charles County Election Authority v. Doe [1]

Submitted by DMLP Staff on Wed, 05/06/2009 - 11:55

Summary

Threat Type: 

Criminal Investigation

Date: 

04/01/2009

Status: 

Pending

Disposition: 

Material Removed

Location: 

Missouri

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Election Law Violation
An anonymous blogger who sponsored a fake campaign for St. Louis Blues hockey player T.J. Oshie to become mayor of O'Fallon, Missouri posted a photograph of a ballot with Oshie's name written in. (Although the blog remains, the photo -- available... read full description
Parties

Party Receiving Legal Threat: 

John Doe

Type of Party: 

Government

Type of Party: 

Individual

Location of Party: 

  • Missouri
Description

An anonymous blogger who sponsored a fake campaign [2] for St. Louis Blues hockey player T.J. Oshie to become mayor of O'Fallon, Missouri posted a photograph of a ballot with Oshie's name written in. (Although the blog [2] remains, the photo -- available here [3] -- has been removed.) This is an apparent violation of Mo. Rev. Stat. ยง 115.637 (14) [4], which prohibits a voter from "allowing his ballot to be seen by any person with the intent of letting it be known how he is about to vote or has voted." Violation is a a class-four election offense, punishable by up to a $2,500 fine and/or up to a year in jail.

What the blogger probably saw as a harmless prank was taken seriously by St. Charles County elections director Rich A. Chrismer, who told the St. Louis Post-Dispatch [5] that the blogger "violated the law, and I'm going to prosecute." "They may have thought the photo was cute," he continued, "but it was very serious."

Related Links: 

  • St. Louis Post-Dispatch: Oshie write-in vote picture questioned [5]
  • CMLP: Blogger Threatened Over Ballot Photo As 19th Century Law Meets 21st Century Technology, Sensibility [5]
Details

Web Site(s) Involved: 

Vote 4 Oshie! [2]

Content Type: 

  • Photo

Publication Medium: 

Blog

Subject Area: 

  • Elections and Politics
  • Anonymity
Court Information & Documents

Jurisdiction: 

  • Missouri

Source of Law: 

  • Missouri

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Source URL (modified on 08/20/2014 - 11:09pm): https://www.dmlp.org/threats/st-charles-county-election-authority-v-doe

Links
[1] https://www.dmlp.org/threats/st-charles-county-election-authority-v-doe
[2] http://vote4oshie.blogspot.com/
[3] http://www.stltoday.com/blogzone/political-fix/political-fix/2009/04/web-push-nets-blues-rookie-a-vote-for-mayor-in-ofallon-mo/
[4] http://www.moga.mo.gov/statutes/C100-199/1150000637.HTM
[5] http://www.stltoday.com/stltoday/news/stories.nsf/stlouiscitycounty/story/B64040CF3635628B86257598007A99CB?OpenDocument