JOHNSON COUNTY, Kan. — Records related to the former Johnson County sheriff's three-year investigation into alleged election fraud show he wanted to charge the county election commissioner with voter intimidation and obstructing voting privileges.
This is the first time the public is able to see what went into former Sheriff Calvin Hayden's controversial investigation, which produced no proof of fraud and no charges.
The records obtained by KSHB 41 News show one case was submitted to the prosecutor's office, stemming from an election worker's claim that Fred Sherman, the election commissioner, obstructed her right to vote.
The woman, whose name is redacted, told sheriff's Detective Kevin Cronister she felt Sherman "disregarded her beliefs as an American voter and election worker" during the July 2022 election worker training for the upcoming August primary.
Det. Cronister took the woman's report on Aug. 23, 2022.
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The woman said Sherman told her she wouldn't be able to vote on Election Day because of election office policy. Sherman told her the policy stated that election workers had to vote in advance or by mail-in.
The woman said she did not believe in advance voting.
Further, the woman said Sherman ignored her request and questions about why she couldn't vote on Election Day and accused him of making "snide" comments about her to other trainees.
In September, Cronister interviewed Sherman, who brought legal counsel with him.
Sherman remembered the woman accusing him was "harsh and argumentative" during the training in July.
Cronister noted in his report Sherman said all election worker trainees were made aware of the policy and were "advised that it was an 'all day affair' and not a 'come and go' type of position."
"If they are going to be an election worker on election day, we have stated that they need to vote either in advance or by mail," Sherman said.
Sherman further explained the policy exists to protect the chain of custody.
In November 2022, Cronister submitted the case to the Johnson County District Attorney Steve Howe's office for "consideration of the following charges: KSA 25-418 (Leave allowance for employees to vote; obstruction of voting privilege, penalty), KSA 25-2415 (Intimidation of Voters)."
Howe told KSHB 41 News there was no evidence of a crime, which is why he declined to pursue charges.
KSHB 41 News got a hold of Sherman on the phone who said he can't comment on the record about the accusations but that "it is what it is."
Current Sheriff Byron Roberson officially closed Hayden's investigation in Jan. 2025 under a campaign promise that he would put the allegations of voter fraud to rest.
Roberson found in his own investigation that Hayden spent $88,000 and 880 hours on the fruitless investigation.
At the time, Hayden claimed he received more than 200 complaints of fraud and was "starting to develop some probable cause."
However, Roberson's investigation showed more than 100 complaints from just three people.
Each complaint was noted in the case file, which provided no proof or substantial information. Many of the emails the complainants sent to the sheriff's office contained links to stories on conservative news sites about widespread election fraud in the U.S.
Hayden's investigation was a source of contention with many residents and the county commission, refusing to answer questions.
The KSHB 41 I-Team tried to get answers multiple times during the course of the investigation but Hayden declined to speak with us.
In 2022, Scott Schwab, Kansas Secretary of State, doubted Hayden had actually received 200 complaints and no county had ever failed.
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