Troy

An arrest warrant has been issued for failed Democratic candidate Ernest Everett for allegedly falsifying his nominating petitions, according to City Court records.

Everett, 32, is wanted for second-degree forgery and first-degree offering a false instrument for filing, both felony counts.

This is the first criminal case in a Troy primary election since 2009 when charges were filed against Democrats for allegedly committing absentee ballot fraud in the Working Families Party primary.

This year's primary election fraud case now hangs over the four-way race for mayor.

Everett's attorney Scott Iseman said he could not comment on the case Thursday, but that his office was in contact with the police department and Rensselaer County District Attorney Joel Abelove's office about the matter.

Everett, a pharmaceutical salesman, has not yet been arraigned on the felony counts.

The charges arise from Everett filing his Democratic nominating petitions on July 8 at the Rensselaer County Board of Elections. Detectives said that Everett signed statements saying he witnessed the signatures on the petitions.

"The defendant did so knowing he did not witness one or more of the signatures as they were subscribed on the petitions," according to the criminal complaints.

Everett finished third in the Democratic primary and will not appear on the Nov. 3 ballot. The charges lodged against him generated a political fireball Thursday afternoon.

City Council President Rodney Wiltshire, who narrowly lost the Democratic primary to Patrick Madden, the endorsed party candidate, issued a statement attacking County Democratic Chairman Thomas Wade and condemning the election process.

"I'm saddened, but not surprised, to read with the rest of my fellow Trojans how desperate Tom Wade and the Democratic machine are to hold on to power. Troy doesn't need the embarrassment of yet more felony voter fraud," said Wiltshire, who appears as the Working Families Party candidate on the Nov. 3 ballot.

"Voters were deprived of a true primary when a candidate who had clearly submitted fraudulent signatures was allowed to remain on the ballot. Now, sadly, rather than simply being off the ballot, a young person with a promising future caught up in this machine has a warrant out for his arrest," Wiltshire continued.

Wiltshire said the county Board of Elections owes an explanation to the voters for why it didn't reject Everett's petitions when they were initially challenged before the primary vote.

"Once again Mr. Wiltshire distorts facts by blaming the Board of Elections and me for having some contrived machine which everyone knows does not exist," Wade said.

Wiltshire should take responsibility for his campaign organization's failure to properly challenge Everett's petitions, including failing to meet deadlines for doing so in court, Wade said. A state Supreme Court judge rejected the legal challenges to Everett's petitions on procedural grounds.

Jack Cox Jr., the Revolutionary Party candidate, faced a similar situation in 2011 when then Republican mayoral candidate Carmella Mantello successfully knocked him of the ballot when the courts ruled his petitions invalid.

"I'm sure that Ernest made some of the simple mistakes I made four years ago," Cox said.

"I'm not thrilled they took it to this level," Cox said about the criminal complaint.

Cox said Wiltshire should take responsibility and not blame others for his election defeat.

"I hope it's not true. I like him as a person," Madden said regarding Everett.

While many people in the city believe Everett's appearance on the ballot cost Wiltshire the Democratic primary, Madden said he doesn't believe that.

"I find a lot of supporters with Everett signs," Madden said about his door-to-door campaigning since the Sept. 10 primary. He said he believes Everett may have drawn support away from him during the primary.

Councilman Jim Gordon, the Republican candidate, said there should be no tolerance of forging petitions.

"If anyone is guilty of defrauding the residents and the process, they should be prosecuted to the fullest extent," said Gordon, who also appears on the Conservative, Green, Independence and Reform lines.

The city's ballot-fraud case in 2009 resulted in four Democrats, former Councilman John Brown, former City Clerk William McInerney and Democratic operatives Anthony Renna and Anthony DeFiglio pleading guilty. Democratic Elections Commissioner Edward McDonough, and former Councilman Michael LoPorto were acquitted of fraud charges. Charges against former City Council President Clement Campana and Councilman Gary Galuski were dropped.

kcrowe@timesunion.com • 518-454-5084 •