Kent County’s Prosecutor says Roy Schmidt and Jase Bolger may not have committed a crime when they recruited someone to run as a democrat after Schmidt’s last minute switch to the Republican Party, but William Forsythe says the pair perpetrated a fraud on the electorate.

He says the scheme to assure Schmidt’s election despite the party switch, by paying Matt Mojzak to "take a dive" and run as a democrat and lose was an attempt to undermine the election.

Schmidt, who spent the last two months denying he had any involvement in Mojzak’s candidacy, or even knew the man, admits that wasn’t true, now that the records have been released. Now he says he will ask voter’s forgiveness, but won't resign.

Forsythe says Speaker Bolger’s complicity in the scheme is all revealed in a series of e-mails, although Schmidt now claims it was all his idea. It all fell apart when it was revealed Mojzak was not truthful about his residency.

Bolger has issued a statement saying he is just learning things about the actions Schmidt took but admits he did encourage the recruitment of someone to run as a democrat. But he says nothing illegal took place.

Democratic Party Chair Mark Brewer called for Bolger’s resignation and other democrats are proposing that the Attorney General review the facts to determine if he agrees no charges should be filed.  There will likely be political fall-out as the Legislature resumes session Wednesday.

Forsythe says as a republican, he is embarrassed and offended and recommends the legislature act to make such schemes illegal. He is passing along his report and the State Police investigation to the Secretary of State to determine if there are any violations of campaign finance laws.

 Schmidt allegedly withdrew $2,000 from his campaign fund to pay off Mojzak and his own son who recruited the body builder to run. The checks were apparently never delivered.