Voting Twice Draws Disbarment

The New York Appellate Division for the Third Judicial Department disbarred an attorney convicted of election fraud

Respondent was admitted to practice by this Court in 2004 following his previous admissions in Florida and in his home state of Ohio. Following a 2023 bench trial, respondent was convicted of two counts of the Ohio felony of election fraud, based upon evidence establishing that he had voted in both Florida and in Ohio in the 2020  presidential election as well as in the 2022 general election. He has since been suspended from the practice of law in both Ohio and Florida as a consequence of his criminal conviction. The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) now moves to strike respondent’s name from the roll of attorneys due to his felony conviction.

In April 2023, respondent was indicted on two counts of election fraud based upon his voting activities in Ohio and Florida. Specifically, it was established that respondent voted twice in the 2020 presidential election – once in Ohio during the early voting period and then again on Election Day in Florida after listing his “residence” in both locations. Similarly, respondent voted twice in the 2022 general election – once by mailin ballot in Florida and then again in person on Election Day in Ohio. Accordingly, following a bench trial in July 2023, respondent was convicted of two counts of a violation of Ohio Revised Code § 3599.12 (A) (2), prohibiting any person from “[v]ot[ing] or attempt[ing] to vote more than once at the same election by any means, including voting or attempting to vote both by absent voter’s ballots . . . and by regular ballot at the polls at the same election.” The Court of Common Pleas in Cuyahoga County, Ohio rejected respondent’s defenses, including jurisdictional arguments as well as his claim that his duplicative voting was accidental. As such, respondent was sentenced to a prison term of 18 months for each count, with the sentences to run consecutively. However, the sentence was stayed pending respondent’s appeal of the conviction.

Substantial similarity

Here, the subject Ohio felony is substantially similar to Election Law § 17-132 (3) which states that any person who  [v]otes or offers or attempts to vote at an election, more than once; or votes or offers or attempts to vote at an election under any other name than his own; or votes or offers or attempts to vote at an election, in an election district or from a place where he does not reside” is guilty of a felony. Given this conclusion, we confirm respondent’s disbarment status nunc pro tunc to the date of his Ohio conviction.

3News WKYC reported

3News Investigates previously learned that Saunders, a former lawyer for the IRS and U.S. Department of the Treasury, was not affiliated with any party in Ohio but was registered as a Republican in Florida with a Pompeo Beach address. Federal Election Commission records show he has made multiple donations over the last several years to former President Donald Trump’s campaigns as well as other GOP-linked causes.

(Mike Frisch)