The state grand jury in Trenton voted on March 12, 2024 to return an indictment charging James J. Devine, 62, of Lambertville, New Jersey, with three counts: offenses concerning nomination certificates or petitions (3rd degree), tampering with public records or information (3rd degree), and falsifying or tampering with records (4th degree).

The charges stem from Devine’s alleged attempt in April 2021 to get a candidate on the ballot as a contender for the Democratic nomination for governor in the June 8, 2021 primary election.

“Our democracy is reliant on fair elections in which voters can have full confidence,” said Attorney General Platkin. “The public should have faith in the legitimacy of the electoral process. When fraud is committed and when election records are tampered with, law enforcement takes such crimes seriously, investigates them thoroughly, and ensures that perpetrators face justice.”

“We will not tolerate any situation in which a candidate or a would-be candidate secures an unfair advantage in a political race through misconduct, deceit, and corruption,” said Thomas J. Eicher, Executive Director of the Office of Public Integrity and Accountability. “Schemes to undermine the power of the electorate to choose its leaders will be uncovered, and those who are behind election crimes will be held accountable.”

The investigation determined that Devine sent the New Jersey Secretary of State’s Division of Elections approximately 1,948 fraudulent voter certifications via email, in an attempt to enable the candidate to compete in the primary.

The New Jersey Democratic State Committee on April 9, 2021 filed a challenge to that effort, enumerating various issues with the voter certifications that Devine had provided, with the committee alleging there were questions about those petitions’ authenticity.

Citing the irregularities, Administrative Law Judge Jeffrey N. Rabin sided with the committee following a hearing and removed the candidate from the ballot on April 13, 2021.

Individuals whose names appeared on the petitions submitted by Devine provided information that they did not submit a petition, or authorize one, in support of the candidate’s nomination. It is alleged that Devine uploaded false voter information onto petition forms and submitted them to the Division of Elections on behalf of the campaign without those voters’ authorization.

Third-degree crimes can carry a prison sentence of three to five years and a $15,000 fine. Fourth-degree offenses could lead to up to 18 months in state prison and a fine of up to $10,000.

The case is being prosecuted by Deputy Attorney General Max Lesser and Corruption Bureau Deputy Chief Andrew Wellbrock, under the supervision of OPIA Deputy Director Anthony Picione and OPIA Executive Director Eicher.

The charges and allegations are merely accusations, and the defendant is presumed innocent unless and until proven guilty in a court of law.

Defense counsel:

Melissa Karabulut, of the New Jersey Office of the Public Defender