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No evidence was found by a special prosecutor to show Charles Waggoner recklessly entered polling places during the May primary election.
John W. Whiteleather Jr., the Whitley County prosecutor, was assigned to investigate allegations that Waggoner and Dan Hampton, both Republican candidates for prosecutor, violated state election laws by entering polling places.
Whiteleather's report was entered with the court and it indicated he did not find any violation of a criminal statute by Waggoner or Hampton during the May 5 primary.
Waggoner admitted he visited polling places during the election to thank poll workers, but not to speak to voters.
Hampton said he helped an elderly woman, who is partially paralyzed, into the polling chute at her precinct. She was helped inside to vote by a member of the election board and then escorted back outside to Hampton's car. Hampton said he did not talk to any voters or workers at the precinct.
In Whiteleather's report, he wrote that Waggoner entered 10 polling places and did not identify himself. At the 10th precinct, an election judge recognized Waggoner and asked him if he had credentials. Waggoner was told what credentials entitled him to enter polling place and, realizing he did not possess those, apologized for his presence and immediately left.
"The election judge indicated he was surprised that Waggoner did not know he was not to be inside the voting area, but felt it was an honest mistake by Waggoner," the report stated. All but two of the precinct officials told Whiteleather they did not know Waggoner or that he was a candidate.
The report also said that "no one precinct official believed Waggoner knew he was violating any election law."
Whiteleather said that one statute says a person who "recklessly" enters the polls during voting commits a misdemeanor, and if a candidate commits electioneering within 50 feet of the polls, it would be a felony.
"Examining the elements required ..., Hampton did not enter any poll and did not remain within 50 feet of the entrance to the polls," the report found. "There is no evidence that Hampton violated such statute and ... concludes that no violation of a criminal statute by Dan Hampton occurred."
The report said that Waggoner did enter the polls, but "his actions, while wrong, were well-intentioned. He was not aware of the impropriety of his actions."
Whiteleather said he could find no proof that Waggoner's actions were reckless and, therefore, found that Waggoner committed no violation.
Waggoner won the primary by 66 votes over Hampton. Waggoner will be the Republican candidate for prosecutor in the November election.
