Judge Lisa Boggs recently found Georgia GOP 1st Chair Brian Pritchard violated Georgia Election Laws by voting illegally 9 times while on probation for forgery in Pennsylvania. She is an administrative law judge in Georgia.
Folks keep asking why he wasn’t criminally charged with illegally voting since it was against Georgia Law. The answer is simple - Statute of Limitations in Georgia for illegally voting is 4 years. Pritchard last voted illegally around 2010.
GA Code 21-2-571 states “Any person who votes or attempts to vote at any primary or election, knowing that such person does not possess all the qualifications of an elector at such primary or election, as required by law, or who votes or attempts to vote at any primary in violation of Code Section 21-2-223 or who knowingly gives false information to poll officers in an attempt to vote in any primary or election shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both.”
They couldn’t charge him criminally. Had the Statute of Limitations not expired, he would have been very likely charged criminally.
Mr. Pritchard has been telling activists that he didn’t plead guilty to the charges in Pennsylvania and that he pled “no contest”. That is not true. If you really want to get to the truth, take time to read the ENTIRE Judge’s Ruling.
Mr. Pritchard has been very dishonest with activists about his case In Pennsylvania. He needs to resign asap. There are enough votes to remove him at the State Committee Meeting when held in over a month from now. If he truly cares about Donald Trump winning, then he should resign now because his presence in the Georgia GOP Leadership will be nothing but a massive distraction.
It wasn’t a small felony either.
The Judge called Mr. Pritchard out for being very dishonest about what happened in Pennsylvania.
From the Judge’s Ruling -
Beginning on Page 13, Section 30 - In several explanations as to his personal understanding of his criminal record appeared somewhat inconsistent. For instance, he testified that in 1996, he believed the criminal matter had been fully resolved, including the $38,000.00 payment to Dick Enterprises. Yet elsewhere in his testimony, he described calling probation offices and the judge’s chambers several months after his conviction and sentencing, to determine whether he was restricted from moving to North Carolina. Additionally, the Respondent testified that no one asked him about restitution between 1996 and 1999. Yet he also described how he received a call from a collection agency in 1996, prompting him to make a call to the Northampton County probation office to ask whether he was supposed to send money to someone.
Throughout his testimony, the Respondent described himself as someone who had a very limited understanding about his criminal case and the resulting proceedings. For instance, he maintained he did not have legal representation when he appeared at the Allegheny courthouse after 1996, despite court records stating otherwise;
BEGINNING PAGE 16 - Specifically, records from the Allegheny court show that the Respondent pled guilty to two felony counts of forgery, pursuant to 18 PA. CONST. STAT. § 4101;10 and one felony count of theft by failure to make a required disposition of funds received, pursuant to 18 PA. CONST. STAT. § 3927.11 All three charges were felonies, and both the forgery and theft crimes constitute crimes of moral turpitude.
That said, as noted in the Findings of Facts, supra, the sentences issued in 1996 were for the two forgery convictions only, with no sentence imposed for the theft conviction.
In closing arguments, the Respondent argued that the ordered restitution of $38,000.00 had been converted to a civil judgment, as allowed under Pennsylvania law. On this theory, from as early as 1996, he faced a civil judgment rather than a criminal sentence. Yet the only evidence before this Court that the restitution payment constituted a civil judgment comes from the Respondent’s own self-serving testimony. None of the court records presented to this Court, dating from 1996 to 2011, describe the ordered restitution as a civil judgment. As for the citation of 42 Pa. Cons. Stat. § 9728, any reliance on this statute is misplaced. While this statute does refer to the use of collection agencies to collect owed restitution, it also emphasizes that said restitution is “part of a criminal action”, rather than a civil judgment.
PAGE 19 - Here, nothing in the evidentiary record persuades this Court that the certified records and other orders from the Allegheny court are void on their face. Specifically, notwithstanding the uncorroborated testimony, the records from 1999, 2002, and 2004 showing that the Respondent’s was revoked and he was sentenced to additional years of probation- all indicate the Respondent was present in court for those proceedings.
BEGINNING PAGE 23 - Moreover, should this court accept the Respondent’s explanation that he genuinely believed his felony sentence had resolved as early as 1996 or 1999, it would have it would have to discount such facts as (i) the Respondent conceding he was in court in March 1999, which resulted in an order revoking his probation, reinstating a three-year probation sentence, and ordering restitution payments; and (ii) the Allegheny court documenting that he was present in court in both 2002 and 2004, with the latter proceeding leading to a seven-year extension of his probation, through at least April 2011. To accept the Respondent’s explanation that he had no knowledge of the court proceedings and subsequent orders from 2002 and 2004, this court would have to disregard the Allegheny court’s certified records that the Respondent did appear. To accept the Respondent’s explanation that he believed his criminal sentence had been converted to a civil judgement, the Court would need to overlook the fact that none of the certified orders or records from the Allegheny court mention such a conversion.
Judge’s Ruling
Statement from the desk of Brian K. Pritchard:
First let me express my appreciation to all that have reached out with words of support and encouragement. To those that have asked for me to resign as First Vice Chair of the Georgia Republican Party. No, I will not resign. I have been very transparent with the Chairman and all GA State Party Officers. I have offered multiple times to any District Chair or County Chair to contact me directly with any questions….
This is a civil judgment from an Administrative Law Judge. Yes, I registered to vote and voted. I never once or would I have knowingly voted while serving probation. First the conviction is from 1996 in the State of Pennsylvania. In the state of Pennsylvania the only time you lose the right to vote is if you are incarcerated. I NEVER spent one night in jail. So this conviction did not take my right to vote. I was not aware that I was not able to vote in Georgia.
When the Gilmer County Election Office notified me a complaint had been filed concerning me voting while serving probation, I knew this was not true but I went immediately and had my name removed from the voter roll.
I initiated an investigation to find out the facts. I filled out the proper paperwork asking the State of Georgia Pardon and Paroles to investigate my case. They investigated my case and restored all my legal rights in Georgia. I am attaching a copy that shows my case was completed in 1999.
From Judge’s Ruling (Page 4 Section 8) - The year 1999 would have marked the end of the three-year probation sentence handed down in 1996. Certified records from the Allegheny court, however, indicate the Respondent appeared in court with counsel on March 18, 1999, for the revocation of his probation.
The certified records showed that Judge McGregor ultimately imposed a new three-year probationary sentence effective March 18, 1999. The Respondent would be supervised by the Northampton County Probation Office, though he would remain in “non reporting” status.
From Judge’s Ruling (Page 5 section 9) - At the hearing, the Respondent conceded he did appear before the Allegheny court on March 18, 1999, and that he had been notified of the upcoming proceeding via a letter sent by the court to his Mother’s House. However, he asserted he did not have legal counsel with him that day, even though the certified court records indicated he was represented by counsel. The Respondent also testified he did not recall his probation being “extended” by that court appearance, nor did he recall a discussion about restitution. Rather, he stated that Judge McGregor had informed him that the matter was a “civil judgement”, and that the judge “did not want this matter in his court any longer”. Nothing in the certified court records from March 18, 1999, reflects the judge ever making such a statement or issuing an order to that effect.
From Judge’s Ruling (Page 5 and 6 Sections 11-14) - The year 2002 would have marked three-year probationary sentence that was handed down in 1999. During the instant hearing, the Board presented the Court with certified records from the Allegheny court for Case 9510964, dated April 2, 2002. According to those records, the Respondent appeared in open court on that date, and his probation was again revoked, and a new sentence imposed. These records did not indicate whether Respondent had legal counsel with him. The Board also presented a copy of an “Order of Court” dated April 2, 2002, and issued by Judge McGregor in the Allegheny court for Case Number 9510964.3 This order stated effective April 2, 2002, with the special condition of paying $40.00 to $50.00 a month in restitution and reporting by phone.
The Respondent maintained at the hearing that he never received notice of a court appearance set for April 2, 2002. Moreover, notwithstanding the certified court records, he stated he never appeared in the Allegheny court on that date, and he had no knowledge of a probation revocation order being issued in April 2002. (Tr. 34, 47, 59, 116-117.)
The year 2004 would have marked -year probationary sentence that was handed down in 2002. During the instant hearing, the Board introduced certified records and a certified order from the Allegheny court for Case 9510964, dated April 8, 2004. According to those records, the Respondent appeared in open court on that date with legal counsel.
During that proceeding for “cause shown”, Judge McGregor revoked the Respondent’s probation, and imposed a new seven-year probationary sentence, effective April 8, 2004. The Respondent was changed back to a “non reporting” probationary status. He was also ordered to “continue” making monthly payments.
Similar to his testimony about the 2002 court proceeding, the Respondent told the Court he never received any notice to appear in the Allegheny court on April 8, 2004. And again, despite certified court records saying otherwise, he asserted he did not appear in court that day, nor did he have counsel at that time.
For those that continue to say a judge found me guilty of illegally voting,
(From Peach Pundit Jason Shepherd article) “Judge Boggs states in her decision that Pritchard may not have KNOWN, but at least should have known, but the decision was for a civil penalty, not a criminal conviction. So Pritchard is factually and legally correct...he has not been found guilty of anything...except that one, small original felony in 1996.”
Judge - “After consideration of the evidence and for the reasons stated below, the Petitioner’s finding that the Respondent violated State elections laws is AFFIRMED.” (Page One)
(Georgia Law) “Any person who votes or attempts to vote at any primary or election, knowing that such person does not possess all the qualifications of an elector at such primary or election, as required by law, or who votes or attempts to vote at any primary in violation of Code Section 21-2-223 or who knowingly gives false information to poll officers in an attempt to vote in any primary or election shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both” (§ 21-2-571 emphasis added).
I did break the law in 1996 and that is not ok, but since 1996 I may have one speeding ticket. I don’t drink adult beverages, I don’t do drugs, I have always held a job and I’m a sinner saved by grace. If you want to know the details of what happened in 1996 don’t hesitate to contact me...
God Bless America, God Bless the State of Georgia,
Brian K. Pritchard
First Vice Chair of the Georgia