FILED

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STATE 0F MINNESOTA DISTRICT COURT

COUNTY 0F RAMSEY BY-—-—-——-— DEPUTY SECOND JUDICIAL DISTRICT

COURTFILENO. UZ-Cfl'lg’qZ’l
COUNTY ATTORNEY FILE NO. CA-20 1 7-03305
CONTROLLING AGENCY: MN0270000
CONTROL NUMBER: 17-014696

FILED??-
State of Minnesota,

Plaintiff, E88 8 e 2018

V. Ramsey Eistrici CW.

DAI THAO COMPLAINT

659 BLAIR AVE
ST PAUL, MN 55104 Summons
(DOB: 6/29/75)

Defendant.

The Complainant submits this complaint to the Court and states that there is probable cause to believe
Defendant committed the following 0ffense(s):

COUNT I
Charge: Unlawfully Marking a Ballot
Minnesota Statute: §204C. 1 6
Maximum Sentence: 0-1 Year and/or 0 - $3,000
MOC: Y2190 GOC: N
[ ] Felony [X] Gross Misdemeanor [ ] Misdemeanor [ ] Petty Misdemeanor

On November 6, 2017 in the County of Ramsey, Minnesota, DAI THAO, marked the ballot of a
voter without lawful authorization.

COUNT II
Charge: Misconduct in and Near Polling Places
Minnesota Statute: 204006, subd. 2; and 645.241
Maximum Sentence: 0-$300
MOC: Y0190 GOC: N
[ ] Felony [] Gross Misdemeanor [ ]
Misdemeanor [X] Petty Misdemeanor

On November 6, 2017 in the County of Ramsey, Minnesota, DAI THAO, did approach within six
feet of a voting booth without lawful authorization.

Dai Thao Page l CA-2017-03305

 COUNT III
Charge: Unlawful Assisting a Voter
Minnesota Statute: 204C.15, subd. 1; and 645.241
Maximum Sentence: 0- $300
MOC: Y0190 GOC: N
[] Felony [ ]
Gross Misdemeanor [] Misdemeanor [X] Petty Misdemeanor

On November 6,2017 in the County of Ramsey, Minnesota, DAI THAO, did unlawfully assist a
voter in voting while he was a candidate for election.

STATEMENT OF PROBABLE CAUSE

In 2017, Saint Paul City Council Member Dai Thao was a candidate for the position of mayor

0f Saint Paul. November 6, 2017 was early voting day for this office. On November 6, 2017, an

election judge at the Martin Luther King Recreation Center polling place, located in the city 0f Saint

Paul, Ramsey County, Minnesota, observed a person they either knew or subsequently identified as

current council member and mayoral candidate Dai Thao enter a voting booth with a voter and that he

appeared t0 be assisting the voter with filling out the ballot. The incident was reported to the Ramsey

County Elections Manager, who in turn filed a complaint with the Saint Paul Police Department for

investigation. The Saint Paul Police Department referred the complaint to the Hennepin County

Sheriff’s Office for investigation.

Through election records, the Hennepin County Sheriff’s Office was able to identify the voter

who election judges believed Thao had assisted. In a subsequent statement to investigators, the voter

indicated that in November of 2017 she was outside 0f her residence when she and other individuals

were approached by a person she knew as “Mr. Xiong”. According t0 the voter, Mr. Xiong asked if

they were going to vote and he offered to provide them assistance in voting if needed. At the time the

voter was not aware that Mr. Xiong was a candidate on the ballot. The voter accepted Mr. Xiong’s

offer 0f assistance and he drove her to a polling place. The voter told Mr. Xiong that she did “not

know English”, had difficulty seeing and had never voted before. Once at the polling place, Mr. Xiong

assisted her in registering to vote. The voter confirmed that Mr. Xiong entered the voting booth with

Dai Thao Page 2 CA-2017-03305

her and explained each segment of the ballot to her. The voter stated Mr. Xiong informed her of each

candidate’s name, but did not tell her who to vote for. The voter stated that Mr. Xiong physically

helped her mark the ballot as she had difficulty seeing the circles. The voter was shown a photograph

of Dai Thao and identified him as the person she knew as Mr. Xiong.

In a subsequent statement Dai Thao admitted that on November 6, 2017 he was a candidate for

the mayor of Saint Paul and that he was 0n the ballot. Thao also admitted that on November 6, 2017 he

approached a group of “Elders” and offered to assist them in voting. Thao admitted that one of the

persons accepted his offer of assistance. Thao stated that he drove the person to the Maltin Luther

King Center and assisted the voter in registering to vote. Thao stated that he then went into the voting

booth with the voter and read portions of the ballot to her. Thao stated that the voter indicated she had

difficulty seeing and that he indicated where his name was on the ballot. Thao stated he then

physically filled out the ballot for the voter.

Dai Thao Page 3 CA-201 7-03305

 NOTICE: You must appear for every court hearing on this charge. A failure to appear for court on
this charge is a criminal offense and may be punished as provided in Minn. Stat. §609.49.

Complaint requests that Defendant, Dai Thao, subject to bail or conditions of release, be:
(1) arrested 0r that other lawful steps be taken t0 obtain Defendant’s appearance in court; or
(2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be
dealt with according to law.

COMPLAINANT’S NAME: COMPLAINANT’S SIGNATURE:

Christofer L. Nybeck

Subscribed and sworn to before the undersigned this

(‘J W V
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20.18

NOTARY STAMP: SIGNATURE:

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Being authorized to prosecute the offenses charged, I approve this complaint.

Date:

(Tao)
m
PROSECUTING ATTORNEY'S SIGNATURE:

Name: Phillip
7;
D. Prokopowicz
Assistant Dakota County Attorney
Dakota County Judicial Center
J
7
1560 Highway 55
Hastings, MN 55033
(651) 438-4438
Attorney Registration No.2 0146924

Dai Thao Page 4 CA-2017-03305

 FINDING OF PROBABLE CAUSE
From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have

determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant’s arrest
or other lawful steps be taken to obtain Defendant’s appearance in court, or Defendant’s detention, if already in custody,
pending further proceedings. Defendant is therefore charged with the above-stated offense.

[X] SUMMONS
THEREFORE YOU, THE DEFENDANT, ARE HEREBY SUMMONED
before the above-named court at 15 W Kellogg Blvd, St. Paul, MN 55102
to appear ont
to answer
MCLKCJQ (E,
thiscompaint.
at FZO AN@
IF YOU FAIL TO APPEAR in response t0 this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued.

[ ]
WARRANT
To above-named county; or other person authorized to execute this warrant: I hereby order, in the name of
the Sheriff of the
the State of Minnesota, that the above-named Defendant be apprehended and arrested without delay and brought promptly
before the above—named court (if in session), and if not, before a Judge or Judicial Officer of such court without unnecessary
delay, and in any event not later than 36 hours after the arrest 0r as soon as such Judge 0r Judicial Officer is available to be
dealt with according to law.

[ ]
Execute in MN Only [ ]
Execute Nationwide [ ] Execute in Border States

[ ]
ORDER 0F DETENTION
Since the above-named Defendant is already in custody, I hereby order, subj ect to bail or conditions of release, that the
above-named Defendant continue to be detained pending further proceedings.

Bail:
Conditions of Release:
L
Thig com
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taint,
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duly subscribed and sworn to, is issued by the undersigned Judicial Officer this G day of
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JUDICIAL OFFICER: Q
NAME: GNfTURh
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TITLE: Judge of District Court «v v.4 w.

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Sworn testimony has been given before the Judicial Officer byt e followin witnesses:

COUNTY OF RAMSEY
STATE OF MINNESOTA
W3 Signature or File Stamp:

STATE OF MINNESOTA
Plaintiff,

VS-
RETURN 0F SER VICE
DAI THAO I hereby Certifi/ and Return that I have served a copy
0fthis COMPLAINT upon the Defendant herein
named.

Defendant. Signature of Authorized Service Agent:

Dai Thao Page 5 CA—2017-03305