MINNEAPOLIS — A northern Minnesota judge handed down a 30-day jail sentence to a head election judge this week for the felony offense of allowing 11 unregistered voters to cast ballots.

Timothy Scouton, 65, of Nevis, Minnesota, removed his glasses and closed his eyes on camera during his virtual sentencing Monday in Hubbard County District Court. His body shook and he wiped away tears as Judge Kathryn Lorsbach explained why she believed jail time was necessary.

Scouton, who pleaded guilty in March, oversaw the voting precinct at Badoura Township, a small community south of Park Rapids that had 83 voters on Nov. 5, 2024. Scouton said he couldn’t locate registration forms so he instructed election judges to write names of new voters on a list and check their IDs to verify they lived in the township.

But the judge said Scouton admitted in his plea that the forms were later located in the box that he returned to the county auditor.

“Your actions undermined public confidence and trust in a foundational tenet of our democracy,” Lorsbach said. “This doesn’t appear to have been a partisan action. It does not appear to be a reflection of your character, but your actions had a significant consequence. And because of either negligence or laziness or intent on that day, you undermined a tenet of our democracy, and that is serious.”

The judge said Scouton “shifted blame” with “we statements,” telling an investigator that judges were trying to locate forms. “That day it wasn’t a ‘we,’ it was a you. You were the head election judge. It was a responsibility that you volunteered for and a responsibility for you to bear,” she said.

Nobody forced Scouton to get people registered quickly, she said, adding that Scouton made the decision to push voters through without looking hard enough for the proper forms.

Scouton’s defense attorney, Anthony Bussa, had asked the judge to reduce the felony offense to a gross misdemeanor. He said Scouton didn’t act in malice; rather he was anxious and overwhelmed as the township saw more voters turn out than before.

“He was flustered,” Bussa said. “He wasn’t trying to subvert the election.”

Bussa requested a departure from sentencing guidelines given that Scouton had no criminal history and dedicated his life to civic service, from serving in the military to volunteering as head election judge since the early 2000s.

Scouton is prohibited by the county from serving in that role again.

Hubbard County Attorney John Olson opposed a departure and recommended that Scouton serve 30 days in jail.

Olson said there wasn’t any partisan intent. “What this case just involves simply is an individual who cut corners,” he said.

Olson said the public needs to have confidence in elections. “And over the past number of years, unfortunately, that confidence is not what it used to be,” he said. “This case certainly did undermine the public’s confidence.”

Lorsbach followed Olson’s recommendation, giving Scouton credit for serving four days in jail after charges were filed 10 days following the election. As part of the plea, a felony count of neglect of duty was dismissed.

She imposed a $200 fine and said Scouton must report to jail within four weeks to serve the remainder of his sentence.

“I see that for the most part you’ve lived a very civic-minded life, a very good life. You’ve stayed out of trouble for the most part. You’ve served your country, you’ve served your community. The question before me isn’t, ‘Are you a good person?’ It isn’t a question of your character,” Lorsbach said.

Scouton declined to address the court, noting that Bussa “said it well.”

“I am supremely confident that Mr. Scouton will continue to be the wonderful American citizen that he’s always been, and a person that has been civically minded to help people, not hurt people, to further his community, not take away from it,” Bussa said.

Scouton and Bussa did not respond to request for comment after the sentencing.

The Office of the Minnesota Secretary of State has called Scouton’s case unprecedented, but said it demonstrated that the system works. Once the county auditor noticed there were 11 new voters lacking registration forms, the county verified all voters were at the correct precinct and had them officially registered.

According to data from the Minnesota judicial branch, there have been 83 election-related criminal cases since 2020, such as ineligible or unlawful voting. All charges have been against voters, not election judges.

Minnesota doesn’t track voters by party affiliation.

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