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CELINA - Ten counts of illegal voting, a fourth degree felony, were dropped against Benjamin King, bringing the case to a close in Mercer County Common Pleas Court.
However, King is still appealing Mercer County Board of Elections' decision to revoke his voter registration at a Celina address, alleging it was made based on inaccurate information.
Judge Matthew Fox last month granted Mercer County Assistant Prosecutor Anthony Miller's nolle prosequi motion to vacate the charges against King, online court records show.
Hence the case was terminated without prejudice to re-filing.
A jury trial had been scheduled for Sept. 17-18 but was later cancelled.
Miller did not return phone calls by the newspaper seeking comment on why he decided to drop the case.
A grand jury on Jan. 18 handed down an indictment alleging King, 47, had voted in numerous elections dating back to 2019 in which he was not a legally qualified elector, court documents show.
If convicted on all counts, King faced up to 15 years in prison and a maximum fine of $50,000.
During his initial appearance, King, via video teleconference, acknowledged he understood the charges and his rights, according to court documents. King was found to be indigent and assigned county public defender Thomas Lucente Jr.
The court then proceeded to arraignment. King entered a plea of not guilty to all charges.
Mercer County Board of Elections members at a public hearing in late November unanimously voted to revoke King's voter registration address at 115 E. Anthony St., Celina.
Thomas Sanford, one of three Republicans swept into Celina City Council during last year's general election, on Nov. 16 filed a challenge of right to vote and correction of registration list of King. King at the time was a registered Democrat who had voted early in the Nov. 7 general election, according to board of elections director Deb Sneddon.
King is the brother of Republican Celina City Council President Jason King and brother-in-law to State Rep. Angie King, R-Celina.
It was revealed that King had at one point allegedly resided at the 115 E. Anthony St. address with his parents and siblings. But he hadn't lived there for at least four years, according to Sanford, one of three subpoenaed witnesses who testified at the hearing.
Justin Monfort testified that he has lived at the 115 E. Anthony St. residence since March or April 2020. The prior owner was Gary King, whose children are Mark, Amanda, Nichole, Jason and Benjamin, Monfort said.
Monfort said since he has owned the home, Benjamin King has never lived there.
When brought into the auditorium to testify before board members, Benjamin King exercised his right to remain silent and requested a public defender.
A printout from the board of elections' voter registration system had listed King's standard residence address at 115 E. Anthony St., according Sneddon.
She acknowledged she issued subpoenas to three witnesses by order of the board of elections.
A county sheriff's office letter certifies that Benjamin King had been served a subpoena at 4856 Oregon Road, Celina, on Nov. 22.
The address is not inside the city limits, Sneddon said.
King later appealed the board's decision to revoke his voter registration at the 115. E. Anthony St. address, alleging it was made based on inaccurate information.
In a filing with Mercer County Court of Common Pleas, King claims his state and federal constitutional rights have been violated and requests his voting registration be reinstated "based on the fact it was correct."
