Felon sentenced for voting

Published 9:22 am Wednesday, May 25, 2011

A 22-year-old Albert Lea man who knowingly voted in the 2010 general election — despite a felony conviction that made him ineligible to do so — was sentenced to a fine and probation Monday in Freeborn County District Court.

Freeborn County District Court Judge Steve Schwab sentenced Brohdy Hillis Avery to a suspended jail sentence of 180 days, two years probation and a $980 fine for one felony charge termed “ineligible voter knowingly voting.”

Avery pleaded guilty to the count at the end of January.

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According to court documents, Avery was convicted of one felony charge of fifth-degree drug possession in July of 2010 and was thus ineligible to vote. He was on supervised probation at the time he voted in November 2010.

Court documents state Avery signed probation agreements with the Minnesota Department of Corrections, which included a portion stating he understood that any person convicted of a felony cannot vote, serve on a jury or hold a public office until his civil rights are restored.

Avery also signed a Minnesota voter registration application Nov. 2, 2010, that asks voters to certify that they are eligible to vote.

Schwab ordered that Avery have no contact with Diamond Jo Casino for one year, remain law abiding, comply with all the conditions of his probation and not vote until his civil rights are restored.