The Alleged Election Fraud and Perjuries of the Current 51st Legislative District Democrat Nominee and ex-State Rep. Timothy S. Mahoney

Posted: Thursday, August 9, 2018 by Pezzonovante in
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On August 9, 2011, seven years to the day today, then-State Rep. Timothy S. Mahoney filed his fatally-flawed referendum petitions and his altered and falsely sworn out Affidavits of Circulator.  

 This space alleges that Mahoney falsely swore out and perjured himself on 50 Affidavits of Circulator for his school consolidation referendum petition.

We know this for a certainty, for while Mahoney signed the altered affidavits as the sole circulator, attesting to his presence before each and every signature, it is impossible for one person to be present before 50 continuously-circulating referendum petitions which Mahoney testified in a court of law were circulated by circulators other than himself.  Additionally, evidence obtained via a Right-To-Know law request places Mahoney in Harrisburg, not Fayette County, during the circulation period.  Mahoney received per diems for overnight stays in Harrisburg, the bulk of them during the June 2011 budget month.  One cannot be 200-plus miles away in Harrisburg, Pennsylvania, working on the state budget and before continuously-circulating referendum petitions in Fayette County, Pennsylvania.  Therefore, there is incontrovertible, ironclad, irrefutable, immutable, prima facie evidence for the allegations being made.

See:

The individual referendum petitions had no dates set opposite the name of any signer, as required by law, and Mahoney filed the petitions with the election board with 48 of 50 affidavits not appended to the petitions (by law, affidavits must be appended to the petitions upon filing).  Mahoney showed up that day with no Affidavits of Circulator whatsoever.  So, what Mahoney did was get a copy of one affidavit of circulator for a nomination paper from the Director of the Fayette County Election Bureau, Larry Blosser, or one of his subordinates.  He then left the election bureau and Whited-Out the required oath where it says a signer signed on the date set opposite his or her name on the affidavit and replaced it with a purported date range of circulation --  June 1 - Aug. 8, 2011.  This date range of circulation we later came to learn was also false.  Mahoney then duplicated at least 49 other Affidavits of Circulator.  (We know it was duplication because the altered, Whited-Out required oath which Mahoney replaced with his purported date range of circulation was identical across all the affidavits.)  This duplication most likely took place in his taxpayer-funded, 51st Legislative District Office, for the first two of the 50 affidavits were notarized by a notary five doors down from that office while the 48 others were notarized in the Fayette County Prothonotary's Office.

See video surveillance footage of Mahoney entering the Fayette County Courthouse with the 48 altered, falsely sworn, and perjured affidavits here:  https://www.youtube.com/watch?v=-udeUF0rUFI&t=7s

The Fayette County Election Bureau unlawfully accepted the petitions and time-stamped them as valid (absent the 48 Affidavits of Circulator that Mahoney was getting notarized by workers in the office of then-Fayette County Prothonotary Lance Winterhalter.)  In fact, as video surveillance footage shows, Mahoney was in the courthouse (from 4:10 p.m. to 4:19 p.m.) as the Fayette County Election Bureau time-stamped as valid (at 4:12 p.m.) the affidavits Mahoney inexplicably had notarized by a separate notary public in South Union Township.

Mahoney then leaves the Fayette County Courthouse at 4:19 p.m., goes to the Fayette County Election Bureau, and has the 48 Winterhalter-notarized Affidavits of Circulator time-stamped as valid and attached to the already-filed petitions.

The 48 time-stamped Affidavits of Circulator were then attached by election bureau personnel hurriedly before close of business.  From the time-stamps, we can tell that the Affidavits of Circulator were attached to the referendum petitions in disarray (out of order).

At the time of Mahoney's alleged election frauds and perjuries, although not running for office in the 2011 off-year, Mahoney was defined by the PA Election Code as a candidate.  The election code so defines a candidate as anyone who has a personal committee or candidate's committee raising funds or making expenditures to influence the outcome of an election.

On August 9, 2011, the very day Mahoney filed his fatally-flawed referendum petitions, The Friends of Tim Mahoney received a contribution and made expenditures.

 See:  Friends of Tim Mahoney Cycle 4 2011 (Page 3 campaign contribution; bottom of Page 31 expenditures).

It is alleged that Mahoney -- a defined candidate -- violated the PA Election Code by falsifying and perjuring himself on 50 Affidavits of Circulator before not one, but two separate Notaries Public.

 See:  57 P.S. § 162. Power to administer oaths and affirmations

 57 P.S. § 162(b):

 Any person who shall be convicted of having wilfully and knowingly made or taken a false oath, affirmation, deposition, affidavit, certification or acknowledgment before any notary in any matters within their official duties shall be guilty of perjury under and shall be subject to the penalties set forth in 18 Pa.C.S. § 4902 (relating to perjury).

It is also alleged that Mahoney perjured himself in a court of law during the referendum petition hearing.  He attested to a circulation period we later came to learn was also false.  Witnesses told us they had signed outside the date range at an event which occurred prior to June 1, 2011, the first day of Mahoney's purported date range.  Moreover, we came to learn in a presentation made 09/28/2012 before the Fayette County Election Bureau that eight (8) petitions circulated beyond August 8, 2011, the last day of Mahoney's purported circulation period to which he testified under oath in a court of law during the referendum petition challenge hearing held before the Honorable Fayette County Court of Common Pleas Judge Ralph C. Warman on August 22, 2011.  The eight (8) petitions never arrived by close of election bureau business on August 9, 2011, yet the Fayette County Election Bureau time-stamped as valid the eight (8) Affidavits of Circulator which awaited those phantom petitions.  These same unattached (by law, the affidavits must be attached to petitions upon filing) Affidavits of Circulator themselves became phantoms when they were withheld from the court challenge made to Mahoney's referendum petition because they were intentionally not included in the print-out by the Fayette County Election Bureau when it was requested and paid to print the entire Mahoney submission of August 9, 2011 for the court challenge.  This is defined by state statute as records tampering.

Upon conviction for these alleged election frauds and perjuries to which an extension of the statute of limitations applies, Mahoney would be doubly disqualified from holding office in the Commonwealth of Pennsylvania.

Mahoney would be disqualified through the infamous crimes clause of the state constitution.

See:  PA Const., Art. II, Section 7:

Ineligibility by Criminal Convictions
Section 7

No person hereafter convicted of embezzlement of public moneys, bribery, perjury or other infamous crime, shall be eligible to the General Assembly, or capable of holding any office of trust or profit in this Commonwealth.

Additionally, here is the election code penalty an investigated, tried, and convicted Timothy S. Mahoney would face:

Section 1851 (25 P.S. § 3551). Candidate Violating Act Disqualified from Holding Office. Any person who shall, while a candidate for office, be guilty of bribery, fraud or willful violation of any provision of this act [i.e., the PA Election Code], shall be forever disqualified from holding said office or any other office of trust or profit in this Commonwealth.

Yet, two Fayette County District Attorney administrations (Heneks, Bower) and three Pennsylvania Office of Attorney General administrations (Kelly, Kane, and Shapiro -- to whom this evidence has been presented) have failed to perform their mandatory, statutory, and constitutional duties to conduct a thorough investigation of these allegations and to bring charges, although these allegations were the subject of a Third Referral made by the Fayette County Election Board to then-Fayette County District Attorney Jack R. Heneks, Jr. on May 24, 2012 -- a referral whose language required that a determination be made.

 Instead of mandatory investigation, then-District Attorney Jack R. Heneks, Jr. camouflaged the referral against Mahoney in his Application, couching it in the language of "possible exploration."  Fayette County Grand Jury No. 2. was specifically empaneled to investigate the three election fraud/voter fraud referrals made by unanimous vote of the election board; however, only one election-related referral resulted in three presentments being issued by the grand jury.  The other two election-related referrals (made against Mahoney and Michael J. Cavanagh) never resulted in presentments being issued by the grand jury (unless, that is, the sealed Fifth Presentment pertains to one of the referrals), although concrete evidence exists in both cases.  The grand jury's Fifth Presentment may or may not pertain to Cavanagh, but by order of Fayette County Grand Jury No. 2 Presiding Judge Steve P. Leskinen, that presentment has inexplicably remained sealed for nearly (this August 12th) three years and eight months.  Why???

Seven years on, these alleged crimes (and the potential skulduggery surrounding that sealed grand jury Fifth Presentment) yet cry out for the mandatory investigation they are due.


UPDATE:

A COPY OF THE LINK TO THIS ARTICLE HAS BEEN FAXED TO FIRST DEPUTY ATTORNEY GENERAL MICHELLE A. HENRY

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