The voter fraud jury trial for Jorge Oscar Sanchez Vasquez began Tuesday in the Marshall County Courthouse.

Sanchez Vasquez, 43, is facing two felony charges of first-degree election misconduct, which is a class “D’ felony and carries a maximum sentence of five years in prison and a $7,500 fine. The charges stem from allegations that he illegally voted in the July 16, 2024 Marshalltown City Council 4th Ward election at the Redeemer Lutheran Church location. He was arrested and charged on Oct. 31, 2024.

The prosecution, led by Assistant Attorney General Keisha Cretsinger, called witnesses to the stand including Marshall County Assistant Auditor/Recorder Jessica Chizek and election poll worker Marla Cook.

Cretsinger asked Chizek to describe the voter registration form, which Sanchez Vasquez filled out on the day of the election. At the top of the form are two qualification questions with “yes” and “no” as answer options. The questions are if someone will be at least the age of 18 on election day, and whether or not the person is a citizen of the United States. Sanchez Vasquez answered “no” to the latter.

Chizek was asked to read the registrant affidavit on the bottom of the form, in which a person signs their name swearing they are the person described in the registration and are a citizen. The affidavit carries a warning that if a person signs while knowing the information is false, they may be convicted of perjury and jailed for up to five years and fined $10,245.

According to Chizek, the roster of the more than 500 people who voted included Sanchez Vasquez, who checked in at 10:48 a.m.

The day after an election Chizek enters information into the state database, processes election day voter registrations and balances the voter count. When she noticed her vote credit was not correct, she began matching votes with voter locations. That was when Chizek noticed one of the registration forms was marked as not being a United States citizen.

According to Chizek, she emailed the Iowa Secretary of State’s office to let them know her voter count was off by one, and to receive guidance in the matter. She did not receive a response. Chizek also sent the same email to Marshall County Auditor/Recorder Nan Benson, and County Attorney Jordan Gaffney, who contacted the Marshall County Sheriff’s Office to conduct an investigation.

Cretsinger asked Chizek what happens if a person is not a citizen who tries to vote. She said most of the time, those people realize they cannot vote and leave, but if they are insistent, they are to be given a provisional ballot which will be processed after confirmation of citizenship is obtained. No provisional ballots were given on July 16, 2024.

Sanchez Vasquez’s defense attorney Jennifer Weaver asked Chizek in the cross examination what poll workers are instructed to do if a potential voter is not a citizen. Chizek said they are instructed to not turn them away but stop them, inform them of their ineligibility and offer a provisional ballot.

Cook, who testified after Chizek, was working the poll at Redeemer Lutheran and has volunteered for poll duty for more than 30 years. Cretsinger asked her what she would have done with a ballot marked “no” in the citizenship question. Cook responded she does not allow them to vote.

Weaver asked Cook if she would be able to identify the person who filled out the registration form in question, to which she answered no and that she does not recall Sanchez Vasquez entering the church.

In a redirect, Cretsinger asked Cook if she could identify any of the 500 voters who cast ballots on that day, to which Cook replied, “Absolutely not.”

After Cook testified, District Associate Judge Kathryn Austin dismissed the jury for a break, but had a word with Sanchez Vasquez once jurors left the room. While Chizek and Cook were testifying, Austin noticed Sanchez Vasquez shaking his head and rolling his eyes. If he could not control his body movements and facial expressions, she warned that there was going to be a problem.

“This will be the only time I tell you this,” Austin warned.

The trial resumes Wednesday.

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Contact Lana Bradstream at 641-753-6611 ext. 210 or

lbradstream@timesrepublican.com.