Former Atlantic City political leader Craig Callaway was arrested for his role in allegedly procuring, casting and tabulating fraudulent mail-in ballots during the 2022 general election.
Callaway, 64, who brought mail-in ballots to an artform, allegedly orchestrated a group that cast mail-in ballots for those who later claimed they never voted.
He appeared in Federal Court in Camden on Thursday afternoon to hear the charges, which involve 38 voters.
Callaway was released on $50,000 bond. His next hearing is set for March 29.
He declined comment outside the courthouse. His attorney, Megan Davies, also declined.
Callaway is charged in a criminal complaint unsealed Thursday with one count of depriving, defrauding and attempting to deprive and defraud the residents of the state of New Jersey of a fair and impartially conducted election process by the fraudulent procurement, casting and tabulation of ballots.
Atlantic City police and the Atlantic County Prosecutor's Office assisted in the investigation.
"As the chief law enforcement official in Atlantic County, I am extremely grateful for the work done by our detectives in this case, along with all partner agencies," Prosecutor William Reynolds told BreakingAC. "Free and fair elections lay the foundation of a just society, where the collective will of the people becomes the guiding force towards equality and justice."
About a month before the Nov. 8, 2022 general election, Callaway and others working under his direction approached numerous individuals in Atlantic City promising to pay them $30 to $50 to act as purported authorized messengers for voters who supposedly wished to vote by mail, according to the court filings.
After receiving Vote-By-Mail Applications from Callaway or his subordinates, these purported messengers entered the Atlantic County Clerk’s Office carrying anywhere from one to four completed vote-by-mail applications.
These individuals provided the office with proof of identification and signed the applications in the authorized messenger portion before handing those signed applications to office personnel, under Callaway's direction, the complaint claims. The purported messengers waited while office personnel processed the applications and, if the applications were approved, provided to the purported messengers mail-in ballots for the voters listed on the applications.
Under New Jersey law, a messenger is required to deliver any mail-in ballot they received directly to the voter who requested the ballots, and certify that they would do so. However, after receiving mail-in ballots, these purported messengers left the County Clerk’s Office and instead handed the ballots to Callaway or his subordinates, the allegations claim.
No other arrests have been made, according to the FBI.
“Holding free and fair elections is a bedrock principle of our democracy,” U.S. Attorney Phillip Sellinger said. “As alleged in the complaint, the defendant attempted to deprive New Jersey residents of a fair election by fraudulently procuring and casting ballots. Today’s charges reflect our office’s commitment to hold to account those who try to undermine the electoral process.”
The former City Council president was once an ally of Mayor Marty Small, but the two have been at odds for years.
Many of the mail-in ballots collected by Callaway or his subordinates were ultimately cast in the names of people who have confirmed that they did not vote in the 2022 general election — either in person or by submitting a mail-in ballot — and that they did not authorize Callaway, his subordinates, or anyone else, to cast ballots for them, according to the allegations. Many of these mail-in ballots were counted in the election.
In March, an Atlantic City councilman accused of filing fraudulent voter registrations was barred from contact with Callaway or his brother, David.
“Voter fraud at any level chips away at the faith people have in our system,” said James E. Dennehy, FBI special-agent-in-charge in Newark. “We’re unable as American citizens to hold our government accountable if our votes are compromised. The FBI and our law enforcement partners understand the gravity of protecting the process and will bring those criminals who break the law to justice.”
The charge carries a maximum potential penalty of five years in prison and a $250,000 fine, or twice the gain or loss from the offense, whichever is greatest.
"While the wheels of justice move painstakingly slow, I feel vindicated that the work we've done in combating Craig Callaway has paid off," Atlantic County Democratic Chairman Michael Suleiman said in a statement. "Whether it was getting him barred from serving as an assistor last fall, routinely throwing Callaway hacks off the ballot, or shaming candidates into not hiring him, we have always been at the forefront of fighting for election integrity in Atlantic County.
"Although Callaway has been paid exorbitant amounts in the last three years from Republicans like Jeff Van Drew, Vince Polistina, Don Guardian and Claire Swift, it's no secret that candidates from both parties have hired Callaway in the past to help them win elections," he continued. "Those who hired him cannot plead ignorance now. Everyone in Atlantic County knows exactly what Callaway's operation is and the blatant illegality of it all.
"As someone who believes mail-in voting is still a safe and easy way to increase voter participation, today's news illustrates the need for more election reform," he added. "I will be speaking to the Governor's Office and legislative leaders about legislation to ban payments to messengers and bearers, as well as mandate prepaid postage on all mail-in ballots so that voters do not need to engage third parties to safely return their ballots."
(Reporter Kevin C. Shelly contributed to this report.)
