Maine Speaker’s Aide Admits Ballot-Tampering

A top aide to the Speaker of Maine’s House of Representatives pleaded guilty Wednesday to burglary and ballot-tampering charges in a case that has raised questions about the state’s practice of having the Legislature appoint the secretary of state and attorney general.

Kenneth Allen, executive assistant to Democratic House Speaker John Martin, offered his plea in state Superior Court in Augusta. It came 12 days after another legislative aide, Michael Flood, pleaded guilty to breaking into a ballot storage room in the State Office Building on Dec. 11 during a recount, to alter ballots in favor of Democratic candidates in two closely contested elections for the Maine House.

Martin, whose 18 years as Speaker have made him one of the state’s most powerful politicians, Secretary of State C. William Diamond, and Atty. Gen. Michael E. Carpenter have been accused by Republicans of moving slowly to uncover alleged irregularities in the ballot recount.

Martin, who was branded by House Republican Leader Walter E. Whitcomb as “the boss of some criminals,” said he will not discuss the case until the investigation is completed.

Carpenter and U.S. Atty. Richard S. Cohen said Wednesday that they are working on a report on the incident that is expected to be made public in about a week. In addition, Diamond has appointed a bipartisan commission to investigate.

Cohen said Wednesday that evidence indicates that Allen instigated the break-in. But, he said, “While certain aspects of the investigation remain to be finalized, no evidence has been adduced to date of any chargeable criminal conduct involving an illegal cover-up of the ballot-tampering scheme.”

Denying allegations that he led a cover-up, Martin has said he suspended Allen on Dec. 14 for treatment of alcoholism and was not notified of the ballot-tampering until two days later. However, prosecutors have said telephone records show that on the night of the break-in Allen and Martin spoke with Martin’s state-paid legal counsel, Jonathan Hull.

The ballot controversy has intensified political rancor in the usually scandal-free Maine Statehouse, leaving the two legislative races undecided and prompting calls for new elections in three other House contests that required recounts after the November election.

It also has prompted questions about Maine’s 1820 constitution, which does not clearly separate executive and legislative functions and which empowers the majority of the House and the Senate to appoint the attorney general, secretary of state and treasurer.

The result is that investigations of irregularities in statewide elections are controlled by a secretary of state serving at the pleasure of the legislative majority, and responsibility for prosecuting charges of ballot fraud rests with the attorney general, another appointee of the Legislature.