S'A:EC~r"E'O £ELJ:(,""'ON --, s FEe 1 (',-, " "0':.9 E:NFORCfc', CoMMISS10N ..i'Ìi.NT STATE OF CONNECTICUT STATE ELECTIONS ENFORCEMENT COMMISSION Complaint of Aleeta Looker Cheshire File No. 2008- I 25 AGREEMENT CONTAINING CONSENT ORDER AND PAYMENT OF A CIVIL PENALTY FOR VIOLATIONS OF GENERAL STATUTES §§ 9-140(a) & 9-359a This agreement by and between Lillian Cummings Stevenson of Paris, France, hereinafter referred to as the Respondent, and the authorized representative of the State Elections Enforcement Commission, is entered into in accordance with Section 9-7b-54 of Regulations of the General Statutes of Connecticut. In Connecticut State Agencies and Section 4-1 n(c) of accordance herewith, the paries agree that: i. Complainant is the Town of Cheshire Democratic Registrar of Voters. 2. On or about September i7'h and i 8th, 2008, Complainant received three Registration and the Absentee Ballot Request - Federal Post Card Application (hereinafter FPCA). Two of FPCAs contained the application data for Gregoire Stevenson and one of the FPCAs contained the application data for Henry Stevenson. 3. Henry Stevenson presently resides near Paris, France. Gregoire Stevenson presently resides in Rome, Italy. They are brothers. 4. Respondent is the mother of both Gregoire Stevenson and Henry Stevenson. Prior to September 17,2008, the Respondent completed and submitted FPCAs for Gregoire Stevenson and for Henry Stevenson. Respondent completed all of the data fields on both of the FPCAs, including the signature data field on both FPCAs. 5. Gregoire Stevenson completed and submitted his own FPCA to the Complaiant separate and apart from the FPCA that the Respondent had completed and submitted on his behalf. 6. General Statutes §9-140 provides, in pertinent part: the municipality in which the applicant is eligible to vote or has applied for such eligibility. Any person who assists another person in the completion of an application shall, in the space provided, sign the application and print or type his name, residence address and telephone number. Such signature shall be made under the penalties of false statement in absentee balloting... The application shall be signed by the applicant under penalties of false statement in absentee balloting ... (Emphasis added.) (a) Application for an absentee ballot shall be made to the clerk of 7. General Statutes § 9-359a provides, in pertinent part: (a) A person is guilty of false statement in absentee balloting when he intentionally makes a false written statement in or on or signs the name of another person to the application for an absentee ballot or the inner envelope accompanying any such ballot, which he does not believe to be true and which statement or signature is intended to mislead a public servant in the performance of his otlcial function. (Emphasis added.) (b) False statement in absentee balloting is a class D felony. 8. The Respondent acknowledges that she completed and signed the names of her sons to the FPCAs that she submitted to the Cheshire Registrars of Voters Otlce for both her sons, Gregoire and Henry Stevenson. her 9. Accordingly, the Commission concludes that the Respondent, by signing the names of two sons to the FPCAs that she submitted for them, committed violations of Gen. Stats. §§9- 359a and 9-140(a). i O. Respondent maintains that she did not intend to mislead a public servant in the performance of his offcial function. Respondent does not agree with the Commission's conclusions in this matter but nevertheless, enters into this agreement to avoid further litigation in this matter. i i. The Commission has taken into consideration the fact that the electors are the sons of the the civil penalty assessed in this Respondent and that fact is figured into the amount of matter. i 2. Respondent admits all jurisdictional facts and agrees that this agreement and Order shall have the same force and effect as a final decision and Order entered after a full hearing and shall become final when adopted by the Commission. Respondent shall receive a copy hereof as provided in Section 9-7b-56 of the Regulations of Connecticut State Agencies. 13. It is understood and agreed that this agreement will be submitted to the Commission at its the Commission does not accept it, it is withdrawn by the Respondent next meeting and if the same becomes and may not be used as an admission in any subsequent hearing, if necessary. 14. Respondent waives: (a) any further procedural steps; (b) the requirement that the Commission's decision contain a statement of findings offact and conclusions of law, separately stated; and (c) all rights to seek judicial review or otherwise to challenge or contest the validity of the Order entered into pursuant to this agreement. i 5. Upon the Respondent's compliance with the Order hereinafter stated, the Commission shall not initiate any further proceedings against the Respondent pertaining to this matter. 2 ORDER IT is HEREBY ORDERED that Respondent shall pay a civil penalty to the State Elections two hundred dollars ($200.00) on or before February 18, 2009. Enforcement Commission in the sum of IT is FURTHER ORDERED that the Respondent shall henceforth comply with §§9-140(a) and 9-359a, General Statutes. The Respondent: forcem íf Commission: ?irL . 0J U!a BY: ! Il~ ú. S t-f'iie V\V\L 10 n M. Andrews, Esq. '-illian Stevenson Director of Legal A ffairs and Enforcement and Authorized Representative of the State Elections Paris, France Enforcement Commission 20 Trinity Street, Suite 101 Hartford, Connecticut Dated: Jëb 101 ZOO; Dated: F.Q" ,3+( oj. Adopted this st" day of ffø.rch of 2009 at Hartford, Connecticut. Stephen . Cashman, Chairman By Order of 3 the Commission