A state board referred the results of an election investigation to prosecutors after officials found evidence to back claims that a candidate for local office in Phillips County last year violated election laws.
Evidence gathered by state investigators supported allegations that Lenora Marshall, a candidate for the Phillips County Quorum Court, and possibly others working in concert or on her behalf fraudulently submitted absentee ballot applications during the 2022 preferential primary, according to a report from the Arkansas State Board of Election Commissioners.
The board voted to follow the recommendations of its staff and submit the report to the proper authorities for criminal prosecution during an April meeting. The investigative report became public 30 days after officials sent the referral letter for the report.
The report is part of a broader series of investigations by the board's staff into elections in Phillips County last year.
After reviewing allegations of misconduct during the general election, the board voted to decertify all three members of the Phillips County Election Commission and issue sanction letters to a candidate, poll supervisor and local election official, according to reports that have been made public.
The board sent its investigation into allegations against Marshall -- like all of its law enforcement referrals -- to local prosecutors, the Arkansas Attorney General's office and federal law enforcement, said Chris Madison, legal counsel for the State Board of Election Commissioners, in an email Monday.
Attorney General Tim Griffin said in a statement Tuesday, "I am investigating the matter and have no additional information to disclose at this time."
Prosecutors from the First Judicial Circuit, which covers Phillips County, were not immediately available Tuesday to discuss their consideration of the report.
The investigation occurred after Lita Moore-Johnson, a candidate for the Democratic nomination for a justice of the peace position in Phillips County, accused Marshall, her opponent, of using "illegal absentee ballots" to win the election, according to the report.
Moore-Johnson alleged Marshall keeps binders of information on voters. She also claimed Marshall handled absentee ballots without her participation's being documented as a designated bearer, and that she handled more ballots than permitted by state law.
Investigators noted the vote count for the primary race was 209 to 147 in favor of Marshall with 73 of the 356 total votes cast on absentee ballots. Of those absentee ballots, 71 were cast in Marshall's favor.
"Given that the margin of the race was 62 votes, the allegations that the absentee ballots cast in this race were determinative has circumstantial credibility," wrote board staff.
In the report, investigators identified Kadasha Thomas, a voter who said she believed Marshall forged an absentee ballot application in her name and pursued her to get access to her ballot. Thomas also alleged Marshall kept a binder with records on voters necessary for absentee voting, including copies of their signatures and photo identification, among other information, according to the report.
Board staff received similar accounts from other voters who were uncomfortable being identified in the report but confirmed their willingness to participate in any future investigation with authorities, officials said in the report.
Investigators sent 70 letters to voters asking about their absentee voting process. Out of the 11 responses board staff received, two voters indicated they did not request an absentee ballot but applications were made on their behalf. One of the voters said she gave Marshall her absentee ballot so it could be turned in, according to the investigative report.
Board staff found Marshall and her husband, Edward Marshall, each handled four different voters' ballots by reviewing absentee ballot paperwork. Marshall also was listed as the witness for a voter's voter registration card, absentee ballot application and voter statement according to the report.
Arkansas law limits a designated bearer to obtaining "absentee ballots for no more than two (2) voters per election." A designated bearer may not "have more than two (2) absentee ballots in his or her possession at any time," according to the report.