Felony charges: Hubbard County election judge allowed 11 unregistered voters to cast ballots

A Nevis, Minn., man serving as a head election judge is accused of allowing 11 unregistered voters to cast ballots on Election Day.

Timothy Scouton, 64, worked at a tiny precinct in a politically conservative Hubbard County township where Scouton allegedly directed poll staff, including his son, to not have the unregistered voters fill out the correct paperwork in order to legally vote, according to the charges filed Friday in Hubbard County District Court.

Scouton has been charged with two felony counts: One accuses the election judge of accepting votes of unregistered voters, the other neglect of duty. The charges carry maximum penalties of five years in prison and/or a $10,000 fine.

Minnesota Secretary of State Steve Simon said at a news conference in Minneapolis on Monday morning that “99.99 percent of election judges do the right thing. But you are going to have somebody do the wrong thing.”

“It was caught and detected. ... The system worked,” Simon said.

Attempts to reach Scouton were unsuccessful, and his son Andrew Scouton, who was also present as an election judge, declined to comment when contacted by the Minnesota Star Tribune on Saturday. “No comment do not attempt to contact me again, thank you ...” Andrew Scouton said in a message.

Andrew Scouton “would have been responsible for registration applications since he was sitting where persons entering would speak with him first,” the charges against his father state.

Timothy Scouton was assigned a public defender Friday. Assistant Ninth Judicial District public defender Kenneth Christie declined to comment when reached by phone Monday morning.

“I have no response at this time,” Christie said. “That may change within the next week or so.”

A majority of Badoura Township, population 150, voted for Donald Trump in the presidential election. According to election results, 49 voted for Trump and 31 voted for Kamala Harris.

Timothy Scouton’s Facebook page says he is a clerk for Badoura and Hiram townships. The page says he attended Park Rapids High School from 1975 to 1978 and lists his hometown as Chandler, Ariz.

He formerly served as treasurer for the East Hubbard County Fire Department.

The charges state that on Nov. 7 Hubbard County sheriff’s investigator Bill Schlag received a copy of an email sent from County Auditor Kay Rave to the late County Attorney Jonathan Frieden.

In the email, Rave stated that following the election, she learned 11 people had registered to vote in Badoura Township. Scouton had returned the ballots and other supplies, but Rave could not find any completed voter-registration forms. When asked, Scouton told Rave that they could not find the registration forms to use. After Rave located the forms, Scouton told Rave they did not use them.

Two days later, Frieden died of cancer.

Rave said in an email to the Star Tribune on Monday morning that she cannot comment on the Scouton case. “However, I do hope to have a statement later this week,” she wrote.

In response to a list of questions, Rave said that the County Attorney’s Office forwarded her email to the Sheriff’s Office for investigation. She added that Scouton’s party affiliation is confidential.

”This is the first time in my 10 years that anything like this has happened,“ Rave said in the email.

According to the charges:

On Nov. 13, the sheriff’s investigator met with Rave at the Auditor’s Office where she confirmed 11 voters should have completed registration forms before voting but that none of the completed forms had been returned to her after the election.

Rave also indicated the form is used to ensure the identity of the individual casting a ballot.

Schlag confirmed that Scouton had completed basic election judge training and head judge training on July 12.

Schlag also spoke with two other election judges working at Badoura Township.

Schlag asked them who directed them not to use the Minnesota voter registration application forms. One stated that if they had to guess, it would be Tim Scouton.

Another election judge stated that Andrew Scouton “was sitting where persons entering would speak with him first,” charges state.

Schlag asked the other election judges who told them that new voters needed only to sign the back of the book. One responded, “Tim.”

Schlag met with Timothy Scouton at the Sheriff’s Office. Scouton declined to provide a statement. He was placed under arrested but has since been released from the county jail.

The Secretary of State’s Office called the allegations “extremely serious” and said they must be thoroughly investigated.

“Election judges take an oath to administer elections in accordance with the law; a deliberate failure to do so is unlawful and a betrayal of the public trust,” the office said in a statement.

Scouton’s next court appearance is Jan. 6.

This is a developing story. Check back for updates.

This story contains information from the Associated Press. Staff writer Tim Harlow contributed to this report.