web viewat the time of the sullivan county primary, judson was not a person who was authorized by...

AFFIDAVIT

This affiant, Jacob A. Overton, Special Agent, U.S. Department of

Justice, Federal Bureau of Investigation, being duly sworn under oath,

states as follows:

1. I am a Special Agent (SA) of the Federal Bureau of Investigation

(FBI) and have been employed with the FBI since April 4, 2004. I am

currently assigned to the Indianapolis Division, Terre Haute Resident

Agency. While employed by the FBI, I have investigated a variety of

federal criminal violations to include public corruption, white collar

crimes, violent crimes, drugs, gangs, kidnapping, child exploitation,

child pornography, and prison crimes. I have gained experience in

conducting criminal investigations through FBI training, FBI continuing

education, and through experience of daily work assignments.

2. I am an “investigative or law enforcement officer” within the

meaning of Section 2510(7) of Title 18, United States Code, that is, an

officer of the United States who is empowered by law to conduct

investigations of, and to make arrests for, offenses enumerated in

Section 2516 of Title 18, United States Code.

3. In connection with my official FBI duties, I investigate criminal

violations of federal law including, Title 52 United States Code, Section

20511 (Voting and Election Fraud), and Title 18, United States Code,

Section 1512 (Obstruction of Justice/Witness Tampering).

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4. I make this affidavit in support of an arrest warrant for MAX L.

JUDSON (“JUDSON”), date birth X/XX/1945, for violations of federal

election law and obstruction of justice/witness tampering.

5. This affidavit is made in support of a two-count criminal

complaint charging that:

a. Between on or about March 22, 2014, and May 6, 2014, JUDSON

solicited Voter 1 to complete an absentee ballot application,

knowing that Voter 1 was ineligible to register to vote and vote in

the Sullivan County Primary, in violation of Title 52 United States

Code, Section 20511, and Indiana Code 3-14-2-2.5(1).

b. Between on or about March 22, 2014, and July 8, 2014, JUDSON

hindered, delayed, or prevented communication by Voter 1 to a

law enforcement officer of information relating to the

commission or possible commission of a Federal offense, in

violation of Title 18, United States Code, Section 1512.

6. The information contained in this affidavit is either personally

known by me, or told to me by other federal officers, state and local

law enforcement officers, and/or other Voters related to this

investigation. Sufficient facts to establish probable cause are included

in this affidavit and not all known facts of the investigation are

included because they may be deemed irrelevant, redundant, or not

necessary to support probable cause.

BACKGROUND

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7. JUDSON is presently an elected Councilman for Sullivan County

Council, District 1, and was formerly a Precinct Vice Committeeman for

Sullivan County. On May 6, 2014, a primary election was held in

Sullivan County, Indiana (the “Sullivan County Primary”).

8. Sullivan County is located in Indiana’s 8th Congressional District,

which is located within the Southern District of Indiana. The Sullivan

County Primary included candidates from the 8th Congressional

District, from the State of Indiana, and from Sullivan County, Indiana.

The ballot for the Sullivan County Primary included candidates for

election for Federal office.

9. In the Sullivan County Primary, JUDSON was the Democratic

candidate for Sullivan County Council District 1. JUDSON defeated his

primary opponent in the Sullivan County Primary election by

approximately 18 votes and was later elected to office in the general

election. The Sullivan County Primary had at least two other closely

contested elections for Sullivan County Sheriff and Superior Court

Judge. The Sullivan County Superior Court Judge’s race was decided by

29 votes and the Sullivan County Sheriff’s race was decided by 24

votes.

10. Voter 1 is not a resident of Sullivan County, but as set forth

below, Voter 1 voted in the Sullivan County primary. Voters 2 through

12 reside in Sullivan County, and were eligible voters in the Sullivan

County Primary in which JUDSON was a candidate for Councilman.

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11. Pursuant to Title 52, United States Code, Section 20511, it is

illegal for a person, including an elected official, in any election for

Federal office, to knowingly and willfully deprive, defraud, or attempt

to deprive or defraud the residents of a State of a fair and impartially

conducted election process, by either (a) the procurement or

submission of voter registration applications that are known by the

person to be materially false, fictitious, or fraudulent under the laws of

the State in which the election is held; or (b) the procurement, casting,

or tabulation of ballots that are known by the person to be materially

false, fictitious, or fraudulent under the laws of the State in which the

election is held.

12. Pursuant Indiana Code § 3-11-4-2, voters who wished to vote in

the Sullivan County Primary by absentee ballot were required to apply

to the county election board for an official absentee ballot. Unless a

voter, due to a disability, was unable to personally sign the absentee

ballot application, the voter must sign the absentee ballot application.

A person who assists an Voter in completing information on an

absentee ballot application must sign the application stating under

penalty of perjury that the information on the application is true and

accurate.

13. Pursuant to Indiana Code § 3-14-2-2.5, it is a violation of Indiana

law to solicit a voter to complete an absentee ballot application

knowing that the person is ineligible to register to vote. Pursuant to

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Indiana Code § 3-14-2-16, it is a violation of Indiana law for a person,

except when offering assistance to a voter with disabilities, to examine

a ballot that a voter has for voting or to solicit a voter to show the

ballot. It is further a violation for a person to receive a ballot prepared

by a voter, when that person is not authorized by law to do so. It is

further a violation of Indiana law to deliver a ballot to a voter to be

voted, unless authorized to do so.

14. Pursuant to Indiana Code § 3-14-2-16(10), it is a violation of

Indiana law to possess an unmarked absentee ballot on or before the

date of the election for which it has been printed. At the time of the

Sullivan County Primary, JUDSON was not a person who was authorized

by Indiana election law to receive a ballot from an absentee voter, or

deliver an absentee ballot prepared by a voter, or possess an

unmarked absentee ballot.


Indiana law to assist a voter in completing an absentee ballot

application when not authorized by law to do so.

16. Pursuant to Indiana Code § 3-14-2-21, it is a violation of Indiana

law to fraudulently cause a voter at an election to vote for a person

different from whom the voter intended to vote.

17. Between on or about March 22, 2014, and May 6, 2014, JUDSON

knowingly and willfully deprived, defrauded, or attempted to deprive or

defraud the residents of the State of Indiana, of a fair and impartially

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conducted election process, by 1) soliciting fraudulent absentee ballot

applications in the Sullivan County Primary, in violation of Indiana Code

3-14-2-2.5(1); 2) fraudulently receiving, possessing, assisting, and

delivering ballots in the Sullivan County Primary, in violation of Indiana

Code Sections 3-11-4-2 and 3-14-2-16; and 3) fraudulently causing

voters to vote for a person different from whom they intended to vote,

in violation of Indiana Code 3-14-2-21.

Voter 1

18. Between on or around March 22, 2014, and May 6, 2014, Voter 1

resided in Jasonville, Indiana, which is in Green County, and within the

Southern District of Indiana. Between March 22, 2014, and May 6,

2014, Voter 1 did not reside at 837 N. Main Street, in Sullivan, Indiana.

Voter 1 did not reside in Sullivan County, and thus was not eligible to

vote in the Sullivan County Primary. Voter 1 is a close relative of

JUDSON’s girlfriend. Voter 1 is not a voter with disabilities, nor is Voter

1 unable to read or write English under Indiana Code 3-11-9-2.

19. According Voter 1, on or about March 22, 2014, JUDSON solicited

Voter 1 to vote in the Sullivan County Primary. According to Voter 1,

JUDSON met Voter 1 and brought Voter 1 an absentee ballot

application, and told Voter 1 to register to vote at Voter 2’s residence

(837 N. Main Street, in Sullivan, Indiana) because Voter 2 was a trusted

friend and a resident of Sullivan County. According to Voter 1, Voter 1

has never resided at Voter 2’s residence.

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20. According to Voter 2, Voter 2 received Voter 1’s absentee ballot

for the Sullivan County Primary in the mail. Voter 2 was not sure why

he/she received Voter 1’s ballot, and said that Voter 1 has never

resided with Voter 2 in Sullivan County.

21. According to Voters 1 and 2, on or about April 10, 2014, JUDSON

and Voter 1 picked up Voter 1’s absentee ballot at Voter 2’s residence.

According to Voter 1, Voter 1 prepared the absentee ballot in the

presence of JUDSON and JUDSON’s girlfriend. According to Voter 1,

JUDSON assisted Voter 1 in preparing the absentee ballot by reading

the ballot to Voter 1, and telling Voter 1 which bubbles to fill in after

Voter 1 told JUDSON which candidates he/she liked. According to Voter

1, he/she trusted that JUDSON was accurately telling him/her the

correct bubbles to fill in on his/her ballot. Voter 1 did not check the

completed ballot for accuracy after completing it. According to Voter 1,

after completing the ballot, Voter 1 sealed the envelope and gave it to

JUDSON to mail. According to Voter 1, Voter 1 accompanied JUDSON to

the mailbox, and saw JUDSON mail the envelope.

22. According to Voter 1’s ballot application and absentee ballot

security envelope, JUDSON did not sign his name attesting under

penalty of perjury that the information, including Voter 1’s residential

address, on the ballot application was true, nor did JUDSON sign under

penalty of perjury that Voter 1 was not coerced, or improperly

influenced by JUDSON when casting the ballot.

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23. Pursuant to Indiana Code § 3-14-2-2.5, it is a violation of Indiana

law to solicit a voter to complete an absentee ballot application

knowing that the person is ineligible to register to vote. JUDSON’s

conduct violated Indiana law because he solicited Voter 1 to complete

an absentee ballot application, knowing that Voter 1 was ineligible to

register to vote and vote in the Sullivan County Primary, in violation of

Indiana Code 3-14-2-2.5(1).

Voter 3

24. According to Voter 3, between on or around March 26, 2014, and

May 6, 2014, Voter 3 resided in Sullivan, Indiana, which is in Sullivan

County. Voter 3 was eligible to vote in the Sullivan County Primary.

According to Voter 3, Voter 3 is a voter with disabilities under Indiana

Code 3-11-9-2.

25. JUDSON was not a designated attorney in fact, or otherwise

authorized to assist Voter 3 with his/her absentee ballot applications or

ballots.

26. According to Voter 3, JUDSON asked Voter 3 to vote by absentee

ballot, and JUDSON gave Voter 3 an absentee ballot application for the

Sullivan County Primary. According to Voter 3’s absentee ballot

application, the application was signed on or about March 26, 2014.

According to Voter 3, JUDSON assisted Voter 3 in filling out the

absentee ballot application, and JUDSON delivered Voter 3’s

application to the Clerk's office.

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27. According to Voter 3, sometime before April 2, 2014 (the date on

which the absentee ballot security envelope was signed), he/she

received an absentee ballot through the mail. According to Voter 3,

JUDSON called Voter 3 after he/she had received the absentee ballot,

and later met Voter 3 at Voter 3’s residence. According to Voter 3,

JUDSON instructed Voter 3 to fill in certain bubbles on the ballot sheet.

JUDSON pointed to the bubbles on the ballot which JUDSON wanted

Voter 3 to fill in, and Voter 3 filled the bubbles at JUDSON’s direction.

According to Voter 3, he/she did not know which candidates received

his/her votes because he/she voted entirely at JUDSON’s direction.

According to Voter 3, after filling in the bubbles at JUDSON’s direction,

JUDSON told Voter 3 to sign the absentee ballot security envelope.

Voter 3 did as JUDSON directed, and JUDSON then sealed Voter 3’s

ballot in the absentee ballot security envelope. JUDSON then told

Voter 3 to immediately mail the absentee ballot. Voter 3 did as JUDSON

directed, and immediately took the ballot to the mailbox.



penalty of perjury that the information on the ballot application was

true, nor did JUDSON sign under penalty of perjury that Voter 3 was not

coerced, or improperly influenced by JUDSON when casting his/her

ballot.

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29. Pursuant to Indiana Code § 3-14-2, it is a violation of Indiana law

for a person to receive a ballot prepared by a voter, when that person

is not authorized by law to do so. JUDSON’s conduct violated Indiana

law because he received a ballot from a voter when he was not

authorized to do so, in violation of 3-14-2-1(4). Pursuant to Indiana

Code § 3-14-2-16(11), it is a violation of Indiana law to assist a voter in

completing an absentee ballot application when not authorized by law

to do so. JUDSON’s conduct violated Indiana law because he assisted

Voter 3 with Voter 3’s absentee ballot applications when he was not

authorized by law to do so, in violation of Indiana Code 3-14-2-16(11).

Voter 4

30. According to Voter 4, between on or around April 6, 2014, and


County. Voter 4 did reside in Sullivan County, and thus was eligible to

vote in the Sullivan County Primary. Voter 4 is not a voter with

disabilities, nor is he/she unable to read or write English under Indiana

Code 3-11-9-2. JUDSON’s girlfriend is Voter 4’s aunt.

31. According to Voter 4, on or before April 6, 2014, JUDSON solicited

Voter 4 to vote in the Sullivan County Primary via absentee ballot.

According to Voter 4, JUDSON brought Voter 4 an absentee ballot

application on or before April 6, 2014. According to Voter 4’s absentee

ballot application, his/her stated reason for voting via absentee ballot

was that he/she was scheduled to work during the twelve hour period

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in which the polls were open. However, according to Voter 4, Voter 4

was not familiar with concept of absentee ballot voting, and did not

know nor understand why he/she voted by absentee ballot versus in

person.

32. According to Voter 4, JUDSON took Voter 4’s prepared absentee

ballot application to the clerk’s office on Voter 4’s behalf.

33. According to Voter 4, on or before April 17, 2014, he/she

received an absentee ballot via the mail. According to Voter 4,

JUDSON assisted him/her in filling out her ballot. Voter 4 told JUDSON

for which candidate he/she wanted to vote, and JUDSON in turn told

Voter 4 which bubbles he/she should fill. Voter 4 did not compare the

bubbles he/she filled to the list of candidates to ensure that JUDSON

had accurately directed him on which bubbles to fill. After Voter 4

filled out the absentee ballot, Voter 4 sealed the ballot in the envelope

and gave the envelope to JUDSON. Voter 4 did not know where

JUDSON mailed her ballot.



penalty of perjury that the information on the ballot application was

true, nor did JUDSON sign under penalty of perjury that Voter 4 was not

coerced, or improperly influenced by JUDSON when casting the ballot.

35. Pursuant to Indiana Code § 3-14-2, it is a violation of Indiana law

for a person to receive a ballot prepared by a voter, when that person

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is not authorized by law to do so. JUDSON’s conduct violated Indiana

law because he received from Voter 4 a ballot prepared by Voter 4 for

voting, when he was not authorized by law to do so, in violation of

Indiana Code 3-14-2-16(4).

Voters 5 and 6


May 6, 2014, Voters 5 and 6 resided in Sullivan, Indiana, which is in

Sullivan County. Voters 5 and 6 did reside in Sullivan County, and

thus were eligible to vote in the Sullivan County Primary. According to

Voter 5, Voters 5 and 6 are voters with disabilities under Indiana Code

3-11-9-2.


authorized to assist Voters 5 and 6 with their absentee ballot

applications or ballots.

38. According to Voters 5 and 6, on or about March 30, 2014,

JUDSON gave Voters 5 and 6 absentee ballot applications. According to

Voters 5 and 6, when JUDSON gave them their absentee ballot

applications, the box for Democratic Party had already been checked.

According to Voter 5, Voter 5 asked JUDSON about the Democratic

Party box being checked in advance because Voter 5 desired to vote

Republican in the Sullivan County Primary. JUDSON is a Democratic

candidate.

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39. According to Voter 5, JUDSON told Voter 5 that he/she could not

vote for Republican Party in the Sullivan County Primary and told Voter

5 that he/she had to vote Democrat. According to Voters 5 and 6, at

the time JUDSON met with them to prepare their absentee ballot

applications, JUDSON attempted to influence them to vote for

Candidate A (for County Sheriff) and Candidate B (for Superior Court

Judge).

40. Because JUDSON pre-checked the box for the Democratic Party

for the Sullivan County Primary, Voters 5 and 6 received a Democratic

ballot in the mail (when they desired to receive a Republican ballot and

vote for candidates in the Republican Party).

41. According to Voter 5 and 6’s ballot applications, JUDSON did not

sign his name attesting under penalty of perjury that the information

on the ballot application was true.

42. It is a violation of Indiana law to provide an individual with an

application for an absentee ballot with the major political party pre-

checked on the application. JUDSON’s conduct violated Indiana law

because he provided Voters 5 and 6 with absentee ballot applications

that had pre-checked the Democratic Party, in violation of Indiana

Code 3-11-4-2. Pursuant to Indiana Code § 3-14-2-21, it is a violation

of Indiana law to fraudulently cause a voter at an election to vote for a

person different from whom the voter intended to vote. JUDSON’s

conduct further violated Indiana law because he caused Voter 5 to vote

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for a person different from the one Voter 5 intended to vote, in

violation of Indiana Code 3-14-2-24.

Voters 7 and 8

43. According to Voters 7 and 8, between on or around March 26,

2014, and May 6, 2014, Voters 7 and 8 resided in Sullivan, Indiana,

which is in Sullivan County. Voters 7 and 8 did reside in Sullivan

County, and thus were eligible to vote in the Sullivan County Primary.

According to Voter 8, Voters 7 and 8 are voters with disabilities under

Indiana Code 3-11-9-2.


authorized to assist Voters 7 and 8with their absentee ballot

applications or ballots.

45. According to Voters 7 and 8, on or before March 26, 2014,

JUDSON brought absentee ballot applications to them to prepare.

According to Voters 7 and 8, JUDSON submitted their absentee ballot

applications on their behalf.

46. According to Voters 7 and 8, on or before April 3, 2014, Voters 7

and 8 received absentee ballots in the mail. According to Voter 8,

after he/she received the absentee ballot in the mail, he/she received a

phone call from JUDSON, who instructed Voter 8 to go to Voter 7’s

residence and meet JUDSON for the purpose of filling out the absentee

ballot.

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47. According to Voters 7 and 8, on or about April 3, 2014, JUDSON

met with Voters 7 and 8 at Voter 7’s apartment to assist Voters 7 and 8

in preparing their absentee ballots. According to Voters 7 and 8,

JUDSON told Voters 7 and 8 which circles they should fill in on their

absentee ballots. According to Voters 7 and 8, they do not know for

whom they voted, and simply filled in the circles as instructed by

JUDSON. According to Voter 8, JUDSON did not give them a choice for

whom to vote.

48. According to Voters 7 and 8, after they completed their absentee

ballots at JUDSON’s direction, JUDSON told Voters 7 and 8 to place their

ballots in the envelopes and to sign the envelopes because the

signatures had to match the inside of the ballot. Voter 8 placed both

absentee ballots in the United States mail.

49. According to Voter 7, JUDSON had been assisting Voter 7 with

his/her absentee ballot for four or five years. Every time JUDSON

assisted Voter 7 with his/her absentee ballot, JUDSON told Voter 7

which bubbles to fill on the bubble sheet.

50. According to Voter 8, JUDSON had been assisting Voter 8 with

his/her absentee ballot for several years. Every time JUDSON assisted

Voter 8 with his/her absentee ballot, JUDSON told Voter 8 which

bubbles to fill on the bubble sheet.

51. According to Voters 7 and 8’s ballot applications and absentee

ballot security envelopes, JUDSON did not sign his name attesting

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under penalty of perjury that the information on the ballot applications

was true, nor did JUDSON sign under penalty of perjury that Voters 7

and 8 were not coerced, or improperly influenced by JUDSON when

casting their ballots.


Indiana law to assist a voter in completing an absentee ballot

application when not authorized by law to do so. JUDSON’s conduct

violated Indiana law because he assisted Voters 7 and 8 with their

absentee ballot applications when he was not authorized by law to do

so, in violation of Indiana Code 3-14-2-16(11).

Voter 9



County. Voter 9 did reside in Sullivan County, and thus was eligible to

vote in the Sullivan County Primary. Voter 9 is not a voter with

disabilities, nor is he/she unable to read or write English under Indiana

Code 3-11-9-2.

54. According to Voter 9, on or before March 22, 2014, Voter 9

received his/her absentee ballot through the mail. According to Voter

9, he/she attempted to fill out the absentee ballot, but made errors.

On or about March 22, 2014, Voter 9 went to JUDSON’s apartment

located in Sullivan, Indiana. According to Voter 9, once there, JUDSON

gave Voter 9 an unmarked ballot. According to Voter 9, the unmarked

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ballot he/she received from JUDSON looked identical to the ballot Voter

9 had originally received in the mail.

55. According to Voter 9, JUDSON told Voter 9 that he had stack of

“blank” ballots for people who had “messed up” their ballots.

According to Voter 9, he/she tore apart the original ballot on which

he/she had made errors.

56. According to Voter 9, after he/she filled out the blank ballot

JUDSON gave him/her, Voter 9 sealed it, and put it under JUDSON’s

apartment door at JUDSON’s direction. According to Voter 9, JUDSON

told Voter 9 to leave the ballot there because it was the last day on

which absentee ballots could be submitted to the courthouse.

57. According to Voter 9’s security envelope, JUDSON did not sign his

name attesting under penalty of perjury that Voter 9 was not coerced,

or improperly influenced by JUDSON when casting the ballot.

58. It is a violation for a person to receive a ballot prepared by a

voter, when that person is not authorized by law to do so. JUDSON’s

conduct violated Indiana law because he received from Voter 9 a ballot

prepared by Voter 9 for voting, when he was not authorized by law to

do so, in violation of Indiana Code 3-14-2-16(4).


Indiana law to possess an unmarked absentee ballot on or before the

date of the election for which it has been printed. At the time of the

Sullivan County Primary, JUDSON was not a person who was authorized

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by Indiana election law to receive a ballot from an absentee voter, or

deliver an absentee ballot prepared by a voter, or possess an

unmarked absentee ballot. JUDSON’s conduct further violated Indiana

law because he possessed an unmarked absentee ballot on or before

the date of the election for which the absentee ballot had been printed

when he was not authorized by law to do so, in violation of Indiana

Code 3-14-2-16(1).

60. It is a violation of Indiana law to deliver a ballot to a voter to be

voted, unless authorized to do so. JUDSON’s conduct further violated

Indiana law because he delivered a ballot to Voter 9 to be voted when

he was not authorized by law to do so, in violation of Indiana Code 3-

14-2-16(6).

Voters 10 through 12

61. According to Voters 10 through 12, between on or around March

26, 2014, and May 6, 2014, Voters 10 through 12 resided in Sullivan,

Indiana, which is in Sullivan County. Voters 11 through 12 did reside in

Sullivan County, and thus were eligible to vote in the Sullivan County

Primary. According to Voter 10, Voter 10 is a voter with a vision and

medical disabilities. Voters 11 and 12 are not voters with disabilities,

nor are they unable to read or write English under Indiana Code 3-11-9-

2.

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authorized to assist Voter 10 with his/her absentee ballot application or

ballot.

63. According to Voters 10 and 11, they told JUDSON they did not

want to vote in the Sullivan County Primary because Sullivan County

had a history of “putting in the people they wanted.” According to

Voters 10 and 11, JUDSON said that their votes did matter, and insisted

they vote via absentee ballot.

64. According to Voters 10 and 11, Voters 10 through 12 received

their absentee ballots by mail on or before April 3, 2014.

65. According to Voters 10 and 11, on or about April 3, 2014,

JUDSON came to their residence, and assisted Voters 10 through 12

with preparing their absentee ballots. According to Voter 11, he/she

told JUDSON that neither Voter 11 nor Voter 12 cared for whom they

voted, and simply filled in the absentee ballot as instructed by JUDSON.

According to Voter 10, he/she is visually impaired, and thus, could not

see his/her ballot. According to Voter 10, JUDSON prepared his/her

absentee ballot. Voter 10 does not know for whom JUDSON voted on

the absentee ballot.

66. According to Voters 10 and 11, Voters 10 through 12 gave their

marked absentee ballots to JUDSON to mail at JUDSON’s direction.

67. According to Voters 10 through 12’s ballot applications and

absentee ballot security envelopes, JUDSON did not sign his name

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attesting under penalty of perjury that the information on the ballot

applications was true, nor did JUDSON sign under penalty of perjury

that Voters 10 through 12 were not coerced, or improperly influenced

by JUDSON when casting their ballots.

68. It is a violation for a person to receive a ballot prepared by a

voter, when that person is not authorized by law to do so. JUDSON’s

conduct violated Indiana law because he received from Voters 10

through 12 ballot prepared by Voters 10 through 12 for voting, when

he was not authorized by law to do so, in violation of Indiana Code 3-

14-2-16(4). Pursuant to Indiana Code § 3-14-2-16(11), it is a violation

of Indiana law to assist a voter in completing an absentee ballot

application when not authorized by law to do so. JUDSON’s conduct

further violated Indiana law because he assisted Voters 10 through 12

with their absentee ballot applications when he was not authorized by

law to do so, in violation of Indiana Code 3-14-2-16(11).

JUDSON’s Interview

69. On or about June 12, 2015, the FBI interviewed JUDSON at

JUDSON’s home in Sullivan, Indiana. The interview was recorded.

During the interview, JUDSON admitted to providing absentee ballot

applications to several Voters, and turning in several absentee ballot

applications for numerous Voters. JUDSON admitted that he registered

Voter 1 to vote by absentee ballot using Voter 2’s address even though

JUDSON knew that Voter 1 had never resided at Voter 2’s address, and

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was not eligible to vote in the Sullivan County Primary. According to

JUDSON, he did not specifically recall assisting Voter 3, but said that if

Voter 3 told the FBI that JUDSON assisted him then he probably

provided Voter 3 with any required assistance.

70. During JUDSON’s interview, JUDSON further admitted to being

present while at least 15 people filled out their Sullivan County Primary

absentee ballots. JUDSON stated that on nearly all of these occasions,

JUDSON either told these Voters how they should vote or which

bubbles to fill in on their ballots. JUDSON admitted that he knew his

conduct to be wrong, and that as a candidate he should not have been

involved in the voting process. JUDSON stated that he intentionally

failed to sign the ballot envelopes for these Voters because he knew as

a candidate it was a violation to be involved with their votes.

71. According to JUDSON, in past elections, as a member of the

travelling board, JUDSON and a Republican representative were

required to sign the ballot envelope of any and all voters when

providing assistance in filling out the absentee ballots. JUDSON initially

reported to FBI Agents that this was the first election in which he sat

down with voters outside of the travelling board to assist with their

votes. JUDSON later admitted in the same interview to personally

assisting Voters with their votes outside of the travelling board in prior

elections. JUDSON was not sure how many elections he personally

assisted Voters with their votes outside of the travelling board. When

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asked if he thought it was fair to the general public for candidates to

manipulate votes, JUDSON responded, “not really.” When referring to

his untruthfulness during the initial portions of the interview, JUDSON

replied, “I think only a fool lays everything on the table right up front

…”

72. On the same day, the FBI interviewed JUDSON’s girlfriend.

According to JUDSON’s girlfriend, she was present when at least 4

voters prepared their absentee ballots for the Sullivan County Primary.

According to JUDSON’s girlfriend, she told at least 4 additional voters

how they should vote.

Witness Tampering by JUDSON

73. On or about June 17, 2014, the FBI served subpoenas to the

Sullivan County Clerk’s Office asking for records pertaining to the

Sullivan County Primary. On or about June 19, 2014, the Sullivan Daily

Times published an article entitled, “FBI Agents Seeking Absentee

Ballot Documents at Courthouse.”

74. According to Voter 1, on or about July 10, 2014, JUDSON called

Voter 1. Agents reviewed Voter 1’s call log on his cellular phone, and it

showed a two minute call at 3:42 p.m. from a number ending in 3607.

According to Voter 1, the number ending in 3607 is JUDSON’s phone

number. The FBI obtained subscriber information and call records for

the number ending in 3607. Records indicated the number ending in

3607 was registered to JUDSON. According to the call records, Voter 1

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received a call from the number ending in 3607 on the same date,

time and duration as Voter 1 reported to the FBI.

75. According to Voter 1, during his/her conversation with JUDSON,

JUDSON told Voter 1 to tell the FBI that JUDSON did not assist Voter 1

with absentee voting. When Voter 1 initially spoke to the FBI, Voter 1

denied that JUDSON assisted Voter 1 with his absentee ballot at

JUDSON’s instructions. Voter 1 later admitted to lying to the FBI as

requested by JUDSON and acknowledged that JUDSON had assisted

him/her while filling out his/her absentee ballot.

76. According to Voter 1, approximately three weeks prior to the July

10, 2014 interview, JUDSON told Voter 1 to tell the police or the FBI

that he/she he lived with Voter 3. Initially, Voter 1 did as JUDSON

requested, and told the FBI that he lived with Voter 3, but later

admitted that he lied at JUDSON’s request.

77. On or about July 8, 2014, FBI agents interviewed Voter 3.

According to Voter 3, Voter 3 mailed his/her own absentee ballot as

instructed by JUDSON. According to Voter 3, a few days after mailing

Voter 3’s absentee ballot, Judson told Voter 3 that the police might visit

him/her and ask questions about the absentee ballot. According to

Voter 3, JUDSON told Voter 3 to say that he/she voted on his/her own

and nothing else. JUDSON further stated that Voter 3 that he/she

would go to jail if Voter 3 told the police anything else. During the

interview, Voter 3 initially told the FBI that he/she voted without

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assistance, but later admitted that JUDSON assisted him/her with the

voting. According to Voter 3, he/she lied to agents because JUDSON

told Voter 3 that he/she would go to jail if he/she told the truth.

78. On or about July 8, 2014, FBI agents interviewed Voter 8.

According to Voter 8, Voter 8 last saw JUDSON when he told Voter 8

how to fill out the bubbles on the ballot. Initially, Voter 8 denied that

JUDSON instructed Voter 8 on what to say if interviewed by law

enforcement, but later admitted that while Voters 7 and 8 were filling

out their ballots with JUDSON, JUDSON said if they told anyone about

his assistance they would be in trouble. According to Voter 8, he/she

was frightened to speak to the police as a result of JUDSON’s

statements.

79. On or about July 10, 2014, the FBI interviewed Voter 10.

According to Voter 10, a few days prior to the FBI interview, JUDSON

contacted Voter 10 and said that law enforcement may come to talk to

Voters 10, 11, and 12. JUDSON told Voter 10 that if law enforcement

comes to talk to Voters 10 through 12, to tell law enforcement that

they voted without assistance and to not mention JUDSON’s name.

According to Voter 10, JUDSON also stated that he wanted Voters 10

through 12 to say that they mailed their own ballots. Voter 10 told

Judson he/she would do as JUDSON instructed, but later decided to be

truthful if interviewed.

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80. During the same interview with JUDSON, he admitted that he was

aware of the FBI’s investigation into voting irregularities after the FBI

served subpoenas on the Sullivan County Clerk’s office on or around

June 17, 2014. JUDSON initially denied telling anyone to be untruthful

to the FBI. JUDSON later admitted to telling several Voters to be

untruthful to the FBI. JUDSON said he possibly told Voter 1 to tell the

FBI he/she lived with Voter 2 knowing Voter 1 never lived with Voter 2.

JUDSON admitted to telling Voter 10 to tell the FBI he did not help with

Voter 10’s ballot. JUDSON stated that his reason for telling these

Voters to be untruthful is because he did not want to get into trouble

with law enforcement.

81. Based upon the foregoing, your affiant request this Court to issue

an Arrest Warrant and Criminal Complaint charging JUDSON with

violations of federal law including, Title 52 United States Code, Section

20511 (Voting and Election Fraud), and Title 18, United States Code,

Section 1512 (Obstruction of Justice/Witness Tampering).

_____________________________Jacob A. OvertonSpecial Agent Federal Bureau of Investigation

Subscribed and sworn before me this ___th day of September 2015.

____________________________The Honorable Craig M. McKeeUnited States Magistrate Judge Southern District of Indiana

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