Following a daylong trial in Scott County Circuit Court, former Gate City mayor Charles Dougherty was convicted of cheating his way to a two-vote win in a hotly contested election.The jury's guilty verdicts on 13 counts of election fraud, which followed Dougherty's conviction on 16 similar charges in July, finally brought to a close an electoral controversy that has lingered in this town of 2,100 for more than two years.
Dougherty, who once worked nights as a jailer while holding his day job as mayor, must now return to jail as an inmate for 364 days -- 28 days on each charge -- under the sentence recommended by the jury. That's in addition to the 32 days he received from the first jury in July.
The jury also recommended a fine of $19,500, on top of the $32,000 fine levied by the earlier jury.
From reading the story, sounds like J.R. was strong-arming people into voting early for him by getting them to lie about fake vacations and ailments that would keep them from the polls on election day. That's pretty blatant voter fraud.
So, doing the math, each count of voter fraud brought him 28 days in jail and a $1,500 fine. Sure, it adds up, but doesn't that seem like a slap on the wrist for each count? Did he get some sort of volume discount?
From an editorial someone sent me via email (can't find it online) by RG Hubbard of Gate City:
28 Days. $1,500.That's the price one pays for being convicted of voter fraud. A Scott County jury returned guilty verdicts in 13 charges brought against Charles "J.R." Dougherty, Jr. for his role in the overturned 2000 election in a small Virginia town of approximately 2,000 residents. The case marked the first time in the Commonwealth's history that the mayor's and all town council races were voided by the courts. The jury also returned 2 not guilty verdicts.
Dougherty was previously found guilty on 18 counts of voter fraud stemming from the same election. Sentencing for both trials is set for 1 p.m. December 13 at the Scott County courthouse.
Before delivering the sentencing recommendations, jurors submitted written questions to the judge. Two of the questions had to do with how time would be served - concurrently or consecutively. The judge's response to the jurors in essence was that they should impose the sentence they saw fit for each offense, without considering how the sentence would be carried out.
This jury set the penalty for voter fraud lower than in the previous Dougherty trial. The previous convictions earned Dougherty 32 days and $2,000 apiece.
For the first trial, the jury found him guilty of 16 counts, and gave him 2 days in jail plus a $32,000 fine. R. Hubbard has more on the first trial.
The Washington Post reported that he could have received 370 years in prison for the Class 5 felonies he was charged with (though by my count, his max for 35 counts would be 350 years). Sure, he didn't deserve multiple life terms, but only one year for 29 Class 5 felony convictions? That's the minimum time for just one count - less than 1% of the total maximum! And the fines ranged between 60% - 80% of the maximum, so he got a discount there, as well.
Democracy is something that Americans have fought and died for in the United States (and thanks to our President, in other countries as well). So shouldn't blatant fraud against our democracy get more punishment than the potential max for littering?