A jury trial is slated to begin on Dec. 2 for Jorge Oscar Sanchez Vasquez for two felony charges of first-degree election misconduct. However, there were motions filed by the defense attempting to dismiss the case entirely.

The election misconduct charges stem from allegations Sanchez Vasquez, 43, illegally voted in the July 16, 2024 Marshalltown City Council 4th Ward election. He was arrested and charged on Oct. 31, 2024. First-degree election misconduct is considered a class “D” felony, and carries a maximum sentence of five years in prison and a $7,500 fine.

On Tuesday, District Associate Judge Kathryn Austin denied a request for dismissal filed by Sanchez Vasquez’s attorney at the time — Billy Mallory.

In Mallory’s Nov. 3 dismissal request, he stated the trial was supposed to begin Oct. 14, but was continued “through no fault of the defendant.” Since Sanchez Vasquez was charged on Oct. 31, 2024, and the trial had not commenced by Oct. 31 of this year, Mallory wrote the state did not meet the one-year deadline.

“Having failed to bring the defendant to trial within the statutorily mandated timeframe, and having failed to seek or justify any extension, the state has forfeited its right to prosecute this case,” the request stated.

Responding to the dismissal, Austin wrote the defense was misusing the one-year trial deadline which “exists as a shield to protect defendants from unwarranted delay by the state. It was never designed to be twisted into a tactical weapon whereby a defendant may seek repeated delays and then attempt to exploit those very delays to demand dismissal.”

“The defendant’s motion to dismiss is hereby denied. This matter will proceed to trial,” she wrote.

Austin explained that in both instances in which the case was set to be brought to trial — Oct. 14 and Nov. 3 — it was the defendant who requested the continuance, and was advised the court had concerns regarding Sanchez Vasquez’s one-year speedy trial rights. He was told the continuances would further delay his case, and Sanchez Vasquez stated that he understood. Austin wrote that the state was prepared to go to trial, had witnesses and objected to continuing the matter without a waiver of a speedy trial.

Almost two weeks after Mallory filed the dismissal request, he filed a motion on Nov. 19 to withdraw himself from the case as Sanchez Vasquez’s attorney, stating there was a breakdown of the attorney-client relationship.

Sanchez Vasquez’s new attorney is Jennifer Weaver, who filed a Nov. 24 motion to continue the Dec. 2 trial, which was also denied.

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Contact Lana Bradstream at 641-753-6611 ext. 210 or lbradstream@timesrepublican.com.