Voting Probe Clears Ernst

Human Rights mayoral candidate Carol Ernst has been cleared of voting fraud allegations made by a former Republican councilman. Washtenaw County Prosecutor William F. Delhey announced this morning that an Ann Arbor pólice investigation turned up no clear proof that Ernst lived outside the city when she voted in the April 7 electiori. Along with being cleared of violating any state voting laws, City Attorney Edwin L. Pear said he does not anticípate charging Ernst with violating any city laws regarding the residency of a candi1 date for office. But while Ernst is apparently out of trouble with city and county legal auIthorities, she may be headed for a con[frontation with federal and' state offiIcials. i Delhey said the investigation disclosed Ithat Ernst did not file income tax returns with either the federal or state jgovernments for 1974. The prosecutor Isaid this information has been passed lalong to the Internal Revenue Service and state officials. The investigation into Ernst's legal residency began last Friday Ávhen former GOP Councilman John D. McCormick presented pólice with the results of his own personal investigation. McCormick, acting on a tip that Ernst lived on a Scio Township "island" while running for mayor, gaye pólice copies of a lease she had signed for that land and a cancelled rent check for that property. But Delhey sáid the pólice investigation left him with "no questions" that Ernst had a legal residency at 533 N. Main Street bef ore she voted. The evidence the investigation turned up include the fact Ernst changed her mailing address to the N. Main Street property on Dec. 30; that in January she wrote rent checks for the N. Main Street home; that sometime in January or February her driver's license was changed to the city address; and that in March she filed for tankruptcy and used thel city address. Delhey acknowledged that Ernst may have had a "dual residency," but he pointed out this is not illegal. Even while she was maintaining the N. Main ience, Ernst was also boarüing animáis ■ it the Scio Township property at 1110 S. I Maple, Delhey said. She also kept some I clothes there and occasionally stayed I avernight there, he added. The invesdfation'clearly shows from I every record we found thaffrom at least I December on she held out to society that I she was a city resident," the prosecutor I said. Delhey also acknowleged the evidence I McCormick had presented warranted an linvestigation. "It's as important to prove j guilt as innocense," he said. I Delhey said the two pólice officers who [conducted the investigation, Detective Staff Sgt. Wilfred lyons and I man Mary Smith, reported that Ernst I was "completely cooperative" m the I vestigation. She waived her rights to I lence and representation by an attorney I and answered all questions, Delhey said. Delhey's jurisdiction involved only I lations of state voting'laws. But Pólice I Chief Walter Krasny said he found no I parent violations of city laws regarding I the legality of her candidacy or the I ments she filed giving the 533 N. Main I address. - When McCormick turned over his 1 formation to pólice he and other Republicans also questioned what impact ït I might have on the still undecided preferential mayoral election. Specifically, they questioned if the second choice votes which gave Democrat Albert H. Wheeler an apparent victory would be legal if Ernst's candidacy was not legal. This question is now apparentlymoo