Cuyahoga County Prosecutor Michael O’Malley has sharply criticized Ohio Attorney General Dave Yost for issuing a voter fraud indictment against a man who died two years ago, calling the move an extreme example of “prosecutorial overreach.”
The controversy arose after Yost announced six voter fraud indictments, including one for a 68-year-old man from North Royalton who allegedly voted in multiple elections between 2014 and 2018. The problem? The man passed away in 2022, well before the indictment was issued.
Yost’s indictments follow an investigation sparked by Ohio Secretary of State Frank LaRose, who had accused local prosecutors of not pursuing cases of potential voter fraud. However, O’Malley and his office maintain that they were never referred the deceased man’s case by either Yost’s or LaRose’s office.
“This is one of the most egregious examples of prosecutorial overreach I’ve seen,” O’Malley said in a statement. He urged Yost to immediately drop the charges, adding that he is “philosophically opposed to indicting deceased individuals who clearly have no way to defend themselves.”
In response to the outcry, Yost’s office acknowledged the mistake, with a spokesperson confirming that the indictment would be dismissed. The oversight, however, has raised concerns about the diligence behind these voter fraud charges, especially with an election just weeks away.
Atiba Ellis, a law professor at Case Western Reserve University, expressed astonishment at the situation, noting that it calls into question the thoroughness of the investigation. “Indicting a deceased person undermines the credibility of the process,” Ellis said, adding that it could suggest the focus is more on rhetoric than ensuring justice is served.
With the timing of the indictments and the targeting of prosecutors in predominantly Democratic-run offices, the situation has fueled further scrutiny of the AG’s motives.