Recent events in Egypt, Tunisia, Yemen, Bahrain, Iran and now Libya have dominated the news in the last month. As I watched protesters in several Middle Eastern and Northern African countries gather in public squares and proclaim a deep-seeded desire for a more democratic government, I felt thankful yet sad.
I felt thankful because Americans, whether born and breed here or legal immigrants like my Father, are taught that we live in a free and democratic society with a republican form of government. We are taught our form of government was created by revolutionary visionaries with an understanding of human nature and a desire for people to freely pursue life, liberty and happiness. We are taught the United States of America is a beacon of democracy and freedom to all other countries in the world, to all peoples of the world. I felt thankful because I was born here, because I knew these truths to be self evident, because I believe in these ideals.
I felt sad because so many Americans today have forgotten how damn lucky we are to live in the United States of America. So many of us take our democratic culture and our republican form of government for granted. Worse, some have infested our culture with the mindset that our government is somehow required to take care of people and must have a direct hand in our everyday lives or utter chaos will ensue. I felt sad because the people in countries around the world are all fighting for the type of democratic culture and government we take for granted.
For example, recently numerous Americans who were elected to hold public office in Wisconsin and Indiana, and who wear the label “Democrat,” fled from their jobs and responsibilities. They fled because they wanted to throw a wrench into their state legislative process during tumultuous debates centered on reforming public and private unions. They are cowards and should all resign their positions. They were elected to do a job, not flee from it. Heck, anyone of us would be fired by our employer if we ran away because we didn’t like a company policy or rule.
What these so called representatives are doing is in direct contravention of our country’s core principles of representative government. These representatives have left their constituents WITHOUT a representative in their state legislature. Instead of doing their jobs, they ran from it. Their actions demonstrate a lack of respect for our country’s democratic culture.
Democracy is not just a label we slap onto a country and expect the country to suddenly BE a democracy. It would be like if I proclaimed I was a giraffe – just because I say it is so, does not make it so. Similarly, just because we have a democratic culture does not mean we always will without proper maintenance. We as Americans have to choose to have a democratic culture each and every day. We need to vote in every election. We need to learn and pass down our country’s history. We need to communicate with our representatives and hold them accountable. We need to educate ourselves on the issues. We need to be productive members of our communities.
We need to do these things whether we label ourselves Republicans, Democrats, Tea-Partiers, etc., because first and foremost, we are AMERICANS.
Food for thought – note that Republicans in Congress did not flee D.C. as the Democrats worked to pass Obama’s Healthcare bill. No matter the difference in procedural rules, Republicans in D.C. stayed in town and fought for what they believed in.
Thursday, February 24, 2011
Thursday, February 17, 2011
Healthcare Law Ruled Unconstitutional
A couple weeks ago, Judge Roger Vinson of the United States District Court for the Northern District of Florida handed down his decision ruling the Obama Healthcare law unconstitutional. However, Judge Vinson’s ruling is just the beginning of a much larger and longer battle ahead. To read Judge Vinson’s ruling in State of Florida v. U.S. Dept. of Health and Human Services, click here.
Before Judge Vinson’s ruling, three other federal district courts had already heard and decided cases challenging the Constitutionality of the Healthcare Law. The Western District Court of Virginia and the Eastern District Court for Michigan held the individual mandate is a proper exercise of the Commerce Clause of the U.S. Constitution.* However, the Eastern District Court of Virginia held the individual mandate violates the Commerce Clause.**
Here’s a little background on the lawsuit Judge Vinson presided over:
-The suit was heard on two counts: the constitutionality of the individual mandate per the Commerce Clause, and the constitutionality of the changes to the Medicaid program per the Spending Clause.
-The Plaintiffs-Challengers included two individuals, both residents of Florida, who claimed they did not currently have personal health insurance and they would be financially harmed if forced to purchase such insurance by the Healthcare Law. The Plaintiffs-Challengers included 26 states, including Ohio, which claimed each state would be harmed financially by foreseeable increases in each state’s Medicaid expenses. Finally, the National Federation of Independent Business also joined the suit as Plaintiff-Challenger.
-The Defendants were the U.S. Department of Health and Human Services, the U.S. Department of the Treasury, the U.S. Department of Labor and their respective secretaries.
I’m not going focus on the Medicaid aspect of Judge Vinson’s ruling; this blog post is about the individual mandate portion of the ruling. If you want to read more about the Medicaid aspect of the ruling, click here.
On to the individual mandate. The Plaintiffs-Challengers argued the individual mandate was unconstitutional because it violated the Commerce Clause of the U.S. Constitution. The Commerce Clause is an enumerated power given to Congress in Article, Section 8, Clause 3. It states Congress has the power “[t]o regulate Commerce with foreign Nations, and among the several States and with the Indian Tribes.”
The Supreme Court of the United States interpreted the Commerce Clause to include three broad categories of activity, which Congress may enact laws and regulate under the Clause: “[f]irst, Congress may regulate the use of the channels of interstate commerce. Second, Congress is empowered to regulate and protect the instrumentalities of interstate commerce, or persons or things in interstate commerce, even though the threat may come only from intrastate activities. Finally, Congress’ commerce authority includes the power to regulate those activities having a substantial relation to interstate commerce, i.e., those activities that substantially affect interstate commerce.”***
Judge Vinson identified the third category as that which applied to the constitutionality of the individual mandate. In his ruling the key distinction for Vinson was whether there must be activity for Congress to regulate, or whether Congress can regulate inactivity. In other words, can YOU be regulated by Congress AFTER you purchase health insurance (activity); or can YOU be regulated by Congress for NOT purchasing health insurance (inactivity).
Vinson discussed the Commerce Clause’s jurisprudence (case law from the past 200 years), which 100% of the time included cases which included activity by an individual, a business or a state(s). Vinson found nothing in the Clause’s jurisprudence that suggested Congress had the power to regulate inactivity. Vinson also reviewed past federal legislation and found Congress had not regulated inactivity in the past; consequently, Vinson determined the individual mandate was a novel and unprecedented act by Congress. For a detailed analysis of the Commerce Clause and its jurisprudence, click here.
Vinson held Congress could only regulate ACTIVITY and not INACTIVITY, and ruled the individual mandate unconstitutional for violating the Commerce Clause. Why? Well, Vinson said it best: “It would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause. If it has the power to compel an otherwise passive individual into a commercial transaction with a third party merely by asserting --- as was done in the Act --- that compelling the actual transaction is itself “commercial and economic in nature, and substantially affects interstate commerce” [see Act § 1501(a)(1)], it is not hyperbolizing to suggest that Congress could do almost anything it wanted.” Emphasis added.
Vinson then reviewed the Healthcare Law as a whole and determined the individual mandate was an integral part of the Healthcare Law and could not be severed from the larger whole. Consequently, Vinson ruled the entire Healthcare Law unconstitutional.
What comes next? Well, a battle through the Court of Appeals and upward to the Supreme Court. Stayed tuned because you can bet this battle is far from over.
*Liberty University, Inc. v. Geithner (2010), 2010 WL 4860229 (W.D. Va.); Thomas More Law Center v. Obama (2010), 720 F. Supp.2d 882, (E.D. Mich).
** Virginia v. Sebelius (2010), 768 F. Supp.2d 768 (E.D. Va).
*** United States v. Lopez (1995), 514 U.S. 549, 558-59.
Before Judge Vinson’s ruling, three other federal district courts had already heard and decided cases challenging the Constitutionality of the Healthcare Law. The Western District Court of Virginia and the Eastern District Court for Michigan held the individual mandate is a proper exercise of the Commerce Clause of the U.S. Constitution.* However, the Eastern District Court of Virginia held the individual mandate violates the Commerce Clause.**
Here’s a little background on the lawsuit Judge Vinson presided over:
-The suit was heard on two counts: the constitutionality of the individual mandate per the Commerce Clause, and the constitutionality of the changes to the Medicaid program per the Spending Clause.
-The Plaintiffs-Challengers included two individuals, both residents of Florida, who claimed they did not currently have personal health insurance and they would be financially harmed if forced to purchase such insurance by the Healthcare Law. The Plaintiffs-Challengers included 26 states, including Ohio, which claimed each state would be harmed financially by foreseeable increases in each state’s Medicaid expenses. Finally, the National Federation of Independent Business also joined the suit as Plaintiff-Challenger.
-The Defendants were the U.S. Department of Health and Human Services, the U.S. Department of the Treasury, the U.S. Department of Labor and their respective secretaries.
I’m not going focus on the Medicaid aspect of Judge Vinson’s ruling; this blog post is about the individual mandate portion of the ruling. If you want to read more about the Medicaid aspect of the ruling, click here.
On to the individual mandate. The Plaintiffs-Challengers argued the individual mandate was unconstitutional because it violated the Commerce Clause of the U.S. Constitution. The Commerce Clause is an enumerated power given to Congress in Article, Section 8, Clause 3. It states Congress has the power “[t]o regulate Commerce with foreign Nations, and among the several States and with the Indian Tribes.”
The Supreme Court of the United States interpreted the Commerce Clause to include three broad categories of activity, which Congress may enact laws and regulate under the Clause: “[f]irst, Congress may regulate the use of the channels of interstate commerce. Second, Congress is empowered to regulate and protect the instrumentalities of interstate commerce, or persons or things in interstate commerce, even though the threat may come only from intrastate activities. Finally, Congress’ commerce authority includes the power to regulate those activities having a substantial relation to interstate commerce, i.e., those activities that substantially affect interstate commerce.”***
Judge Vinson identified the third category as that which applied to the constitutionality of the individual mandate. In his ruling the key distinction for Vinson was whether there must be activity for Congress to regulate, or whether Congress can regulate inactivity. In other words, can YOU be regulated by Congress AFTER you purchase health insurance (activity); or can YOU be regulated by Congress for NOT purchasing health insurance (inactivity).
Vinson discussed the Commerce Clause’s jurisprudence (case law from the past 200 years), which 100% of the time included cases which included activity by an individual, a business or a state(s). Vinson found nothing in the Clause’s jurisprudence that suggested Congress had the power to regulate inactivity. Vinson also reviewed past federal legislation and found Congress had not regulated inactivity in the past; consequently, Vinson determined the individual mandate was a novel and unprecedented act by Congress. For a detailed analysis of the Commerce Clause and its jurisprudence, click here.
Vinson held Congress could only regulate ACTIVITY and not INACTIVITY, and ruled the individual mandate unconstitutional for violating the Commerce Clause. Why? Well, Vinson said it best: “It would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause. If it has the power to compel an otherwise passive individual into a commercial transaction with a third party merely by asserting --- as was done in the Act --- that compelling the actual transaction is itself “commercial and economic in nature, and substantially affects interstate commerce” [see Act § 1501(a)(1)], it is not hyperbolizing to suggest that Congress could do almost anything it wanted.” Emphasis added.
Vinson then reviewed the Healthcare Law as a whole and determined the individual mandate was an integral part of the Healthcare Law and could not be severed from the larger whole. Consequently, Vinson ruled the entire Healthcare Law unconstitutional.
What comes next? Well, a battle through the Court of Appeals and upward to the Supreme Court. Stayed tuned because you can bet this battle is far from over.
*Liberty University, Inc. v. Geithner (2010), 2010 WL 4860229 (W.D. Va.); Thomas More Law Center v. Obama (2010), 720 F. Supp.2d 882, (E.D. Mich).
** Virginia v. Sebelius (2010), 768 F. Supp.2d 768 (E.D. Va).
*** United States v. Lopez (1995), 514 U.S. 549, 558-59.
Thursday, February 10, 2011
2011 Election Info
Note: The blog post on Judge Vinson's decision ruling Obama's healthcare law unconstitutional will be posted next week. I apologize for the delay; blame it on the flu virus.
Although the 2011 Election Cycle may be a relatively quiet one, there are still important issues and positions to vote on. This is a quick run down of important 2011 Election dates and deadlines. All dates and information were found at the Erie County Board of Elections website.
April 4, 2011 is the last day to register to vote in the May 3, 2011 Primary Election. If you need to register to vote and need more information, go to the Erie County BOE website and click on the "Voting Information" link on the left-hand side of the website. You may be eligible to vote if:
- You are a citizen of the United States.
- You are at least 18 years old on or before the day of the election. If you will be 18 on or before the election, you may vote in the primary election for candidates, but not on issues.
- You will be a resident of Ohio for at least 30 days before the election.
- You register to vote at least 30 days before the election.
May 3, 2011 is the Primary Election. For a copy of the 2011 Primary Ballot, please check with the Erie County BOE website or visit the Erie County BOE offices on Columbus Avenue in Sandusky. Polls are open from 6:30 a.m. until 7:30 p.m. If you are in doubt as to the location of this polling place, call the Erie County BOE at 419-627-7601.
July 6, 2011 any Constitutional Amendments or Laws proposed through initiative petitions are due to the Secretary of State, Jon Husted.
August 10, 2011 all Nominating Petitions of Candidates for Nonpartisan Positions are due to the Erie County BOE by 4:00 p.m. (These may include positions including mayor and village/town councilperson; please check with the Erie County BOE for more information).
October 11, 2011 is the deadline to register to vote in the November 8, 2011 General Election.
If you are interested in voting in any election held in Erie County, Ohio by Absentee Ballot, please go to the BOE website and click on the "Absentee Voting" link on the left-hand side of the website.
Do you want to be an integral part of the election process in 2011? Then volunteer as a poll worker and call the Erie County BOE at 419-627-7601. I've done it for the past three years and I highly recommend it to anyone who wants to become more involved in their community. There are four poll workers for each precinct: a presiding judge, a signature judge, a ballot judge and the clerk. You are not able to choose which job you will perform on election day; you are assigned your position by the Erie County BOE.
Below are several ballot issues facing Erie County Voters on the May 3, 2011 Primary, quoted from this Sandusky Register Article .
-Bellevue City — Additional 0.25 percent additional income tax for five years to the general fund.
- Vermilion City — Electric aggregation.
- Berlin-Milan Local School District — A 4.9-mill, five year additional levy to fund emergency requirements.
- Firelands Local School District — A 4.95-mill, five-year additional levy to fund emergency requirements.
- Margaretta Local School District — A 7.75-mill renewal levy for five years to fund current expenses.
- Vermilion Local School District — Two renewal levies, both 9.5-mill for five years for emergency requirements.
- Margaretta Township — A 1-mill renewal levy for five years for fire protection.
- Margaretta Township — A 1-mill five-year additional levy for general operating expenses.
Although the 2011 Election Cycle may be a relatively quiet one, there are still important issues and positions to vote on. This is a quick run down of important 2011 Election dates and deadlines. All dates and information were found at the Erie County Board of Elections website.
April 4, 2011 is the last day to register to vote in the May 3, 2011 Primary Election. If you need to register to vote and need more information, go to the Erie County BOE website and click on the "Voting Information" link on the left-hand side of the website. You may be eligible to vote if:
- You are a citizen of the United States.
- You are at least 18 years old on or before the day of the election. If you will be 18 on or before the election, you may vote in the primary election for candidates, but not on issues.
- You will be a resident of Ohio for at least 30 days before the election.
- You register to vote at least 30 days before the election.
May 3, 2011 is the Primary Election. For a copy of the 2011 Primary Ballot, please check with the Erie County BOE website or visit the Erie County BOE offices on Columbus Avenue in Sandusky. Polls are open from 6:30 a.m. until 7:30 p.m. If you are in doubt as to the location of this polling place, call the Erie County BOE at 419-627-7601.
July 6, 2011 any Constitutional Amendments or Laws proposed through initiative petitions are due to the Secretary of State, Jon Husted.
August 10, 2011 all Nominating Petitions of Candidates for Nonpartisan Positions are due to the Erie County BOE by 4:00 p.m. (These may include positions including mayor and village/town councilperson; please check with the Erie County BOE for more information).
October 11, 2011 is the deadline to register to vote in the November 8, 2011 General Election.
If you are interested in voting in any election held in Erie County, Ohio by Absentee Ballot, please go to the BOE website and click on the "Absentee Voting" link on the left-hand side of the website.
Do you want to be an integral part of the election process in 2011? Then volunteer as a poll worker and call the Erie County BOE at 419-627-7601. I've done it for the past three years and I highly recommend it to anyone who wants to become more involved in their community. There are four poll workers for each precinct: a presiding judge, a signature judge, a ballot judge and the clerk. You are not able to choose which job you will perform on election day; you are assigned your position by the Erie County BOE.
Below are several ballot issues facing Erie County Voters on the May 3, 2011 Primary, quoted from this Sandusky Register Article .
-Bellevue City — Additional 0.25 percent additional income tax for five years to the general fund.
- Vermilion City — Electric aggregation.
- Berlin-Milan Local School District — A 4.9-mill, five year additional levy to fund emergency requirements.
- Firelands Local School District — A 4.95-mill, five-year additional levy to fund emergency requirements.
- Margaretta Local School District — A 7.75-mill renewal levy for five years to fund current expenses.
- Vermilion Local School District — Two renewal levies, both 9.5-mill for five years for emergency requirements.
- Margaretta Township — A 1-mill renewal levy for five years for fire protection.
- Margaretta Township — A 1-mill five-year additional levy for general operating expenses.
Thursday, February 3, 2011
2010 Auditor's Race Under Attack
As most of you may know, current Erie County Auditor Tom Paul filed suit against Auditor-Elect Rick Jeffrey and the Erie County Board of Elections to contest the November 2010 election results. This suit is much more than a political temper tantrum by a sore loser. This suit is an attack on the very election system and the people who manage the system in Erie County.
I know what you’re thinking – don’t be so over dramatic. I’m not. The Erie County Board of Elections is one of the best in the state, and I’d argue one of the best in the country. Consequently, Erie County has some of the smoothest run and most accurate elections in the state.
Furthermore, before I delve into the murky nastiness that is the Tom Paul Election Contest, I want to say thank you to the Erie County Board of Elections. You all did a bang up job of organizing and managing the November 2010 election. Heck, you do a fabulous job with every election. I should know as I have volunteered as a poll worker for every election since the 2008 Presidential primary and I’ve witnessed the effort and dedication of everyone at the Board of Elections. So thank you to Chris Marinko, Mel Saferstein, Deborah McDowell, Jen Ferbeck, Pat Parsons and everyone who works at the BOE for your hard work and dedication!
Now I’m going to explain the election system so you know why Tom Paul’s Election Contest isn’t worth the paper it’s printed on. First, here’s a breakdown of how the ballots and provisional ballots were tallied and then recounted.
On November 23, 2010 the Board of Elections certified and announced the winner of the Erie County Auditor’s race: Rick Jeffrey won 14,070 votes and Tom Paul lost with 14,063 votes. This final tally included all early vote ballots, all absentee ballots, all ballots cast on Election Day and all approved provisional ballots. A total of 693 provisional ballots were cast on Election Day; 620 were approved by the Board of Elections and 73 were determined to be invalid under Ohio law.
Now, on the day of the election each ballot is scanned by an optical scanner (that machine you feed your ballot into) and the results are downloaded onto a memory card. This process is the same if you voted early at the Board of Elections. The memory card is then transported from the precinct to the Board of Elections where the information is downloaded into a database. This is how we receive preliminary election results within hours of the polls closing. Furthermore, contrary to popular rumor all absentee ballots are also scanned at the Board of Elections.
Soon after the election, the Board of Election employees started to review all 693 provisional ballots. Each provisional ballot is reviewed for validity under Ohio statutory law and pursuant to directives issued by the Ohio Secretary of State. Workers at the Board of Elections document the reason(s) why a provisional ballot is determined to be valid or invalid. Some reasons a provisional ballot may be found invalid are: voter voted in the wrong precinct; the voter failed to provide proper identification at the polling location; voter voted after the polls closed; and the list goes on. The reason provisional ballots go through so much scrutiny is to prevent voter fraud. After all provisional ballots are reviewed, the valid ballots are counted and added to the Election Night tallies. Then the Board of Elections certifies the results of the election for each candidate, levy and issue in the county.
As you may know, after the Erie County Board of Elections certified the results, there was a recount of the Auditor’s race. During the recount, each and every ballot cast in Erie County, including approved provisional ballots, was run through a high speed optical scanner at the Board of Elections. The total number of votes cast for the Auditor’s race and for each candidate did not change between the Election Day certification and the recount. There were no discrepancies, no changes, nada, zip, zero, zilch. That folks is how the system should work everywhere, not just in Erie County. That fact speaks to the integrity and dedication to perfection of our BOE employees.
So, the Tom Paul Election Contest comes down to 40 provisional ballots. In his complaint, Paul claims 40 of the 73 invalid provisional ballots were incorrectly determined to be invalid. He claims these 40 provisional ballots should be reviewed again because some (he’s hoping at least 8) ballots may be found valid. He claims the errors, which make these 40 provisional ballots invalid may be attributable to the poll workers and not to the voter. If the error is attributable to the poll worker, then the ballot can be counted in the election. It’s kind of like a Hail Mary pass in football when the clock has 2 seconds on the clock and the team is desperate for a win.
Here’s a breakdown of the 40 provisional ballots and why the Board of Elections found them invalid:
• 32 ballots – voter was registered to vote in the State of Ohio but voted in the wrong county or the wrong precinct
• 2 ballots – voter failed to provide acceptable identification
• 2 ballots – voter failed to sign the provisional ballot envelope
• 1 ballot – voter failed to fill out printed name on provisional ballot envelope
• 1 ballot – voter voted after the polls closed at 7:30 p.m. EST
• 1 ballot – voter’s address does not exist
• 1 ballot – provisional ballot scanned at precinct instead of being placed in the provisional ballot envelope and transferred to the Board of Elections
Tom Paul claims poll workers may have been responsible for these errors. I’m not going to rant and rave on why that is a plainly stupid argument – I’m sure you can figure out why it’s not a poll worker’s fault that someone’s address doesn’t exist or because the voter failed to provide acceptable identification. It’s pretty straight forward. However, despite what common sense says, recent Secretary of State directives regarding standards to validate provisional ballots muddied the waters and make a simple issue a complex one. I’m not going to present legal arguments for why his contest should fail, because frankly this blog isn’t a legal brief. I’m just trying to get the word out on why this election contest is such a big deal.
So, why is the Tom Paul Election Contest such a big deal? First, Tom Paul is pulling at straws to find ways to retain his position as Auditor for the next four years. Instead of bowing out gracefully, he’s clawing for a win he did not earn - makes me wonder if he’s got something to hide.
Second, Paul is claiming Board of Election workers purposefully or negligently did not follow Ohio law in reviewing the validity of 40 provisional ballots. He’s questioning their methods, their integrity and their dedication to the election system. I know many workers at the Board of Elections and I know their methods, integrity and dedication to the election system are above reproach. This one sided mudslinging by Paul is unjust and unwarranted. Erie County has one of the best Board of Elections in the state, and I’d argue in the country. Our elections run smoothly and without scandal – until Tom Paul decided he just couldn’t lose this election and began grasping for straws.
Third, and most importantly, if Tom Paul wins his election contest and any future appeals, this state can kiss election integrity good-bye. If Paul’s arguments succeed, every single provisional ballot cast in this state must be counted, regardless of validity. Voter fraud would run rampant. Effectively, if Paul wins, John Doe could vote in Precinct A by provisional ballot, then walk over to Precinct B and vote by provisional ballot, and both ballots would have to be counted. This should scare everyone living in the state of Ohio.
On February 10 and/or 11, 2011, visiting Judge Richard Markus will hear testimony from the remaining witnesses at the Erie County Court of Common Pleas. Judge Markus is expected to render his decision soon after the last witness testifies. For more information on the hearings next week, please read this Sandusky Register article.
What can you do to help fight this unjust election contest? Support Rick Jeffrey, either with moral support or financial support for his legal defense; email Rick at mayorrj@aol.com Write the Sandusky Register an opinion letter and ask for it to be published – and keep sending your letter until it does. Write to the Erie County Democratic Party and Tom Paul and express your thoughts. Champion the Board of Elections workers by offering a shoulder to lean on and your moral support. In a nutshell – be vocal.
For a detailed time line of the Auditor’s Race and Election Contest, please read this Sandusky Register article.
I know what you’re thinking – don’t be so over dramatic. I’m not. The Erie County Board of Elections is one of the best in the state, and I’d argue one of the best in the country. Consequently, Erie County has some of the smoothest run and most accurate elections in the state.
Furthermore, before I delve into the murky nastiness that is the Tom Paul Election Contest, I want to say thank you to the Erie County Board of Elections. You all did a bang up job of organizing and managing the November 2010 election. Heck, you do a fabulous job with every election. I should know as I have volunteered as a poll worker for every election since the 2008 Presidential primary and I’ve witnessed the effort and dedication of everyone at the Board of Elections. So thank you to Chris Marinko, Mel Saferstein, Deborah McDowell, Jen Ferbeck, Pat Parsons and everyone who works at the BOE for your hard work and dedication!
Now I’m going to explain the election system so you know why Tom Paul’s Election Contest isn’t worth the paper it’s printed on. First, here’s a breakdown of how the ballots and provisional ballots were tallied and then recounted.
On November 23, 2010 the Board of Elections certified and announced the winner of the Erie County Auditor’s race: Rick Jeffrey won 14,070 votes and Tom Paul lost with 14,063 votes. This final tally included all early vote ballots, all absentee ballots, all ballots cast on Election Day and all approved provisional ballots. A total of 693 provisional ballots were cast on Election Day; 620 were approved by the Board of Elections and 73 were determined to be invalid under Ohio law.
Now, on the day of the election each ballot is scanned by an optical scanner (that machine you feed your ballot into) and the results are downloaded onto a memory card. This process is the same if you voted early at the Board of Elections. The memory card is then transported from the precinct to the Board of Elections where the information is downloaded into a database. This is how we receive preliminary election results within hours of the polls closing. Furthermore, contrary to popular rumor all absentee ballots are also scanned at the Board of Elections.
Soon after the election, the Board of Election employees started to review all 693 provisional ballots. Each provisional ballot is reviewed for validity under Ohio statutory law and pursuant to directives issued by the Ohio Secretary of State. Workers at the Board of Elections document the reason(s) why a provisional ballot is determined to be valid or invalid. Some reasons a provisional ballot may be found invalid are: voter voted in the wrong precinct; the voter failed to provide proper identification at the polling location; voter voted after the polls closed; and the list goes on. The reason provisional ballots go through so much scrutiny is to prevent voter fraud. After all provisional ballots are reviewed, the valid ballots are counted and added to the Election Night tallies. Then the Board of Elections certifies the results of the election for each candidate, levy and issue in the county.
As you may know, after the Erie County Board of Elections certified the results, there was a recount of the Auditor’s race. During the recount, each and every ballot cast in Erie County, including approved provisional ballots, was run through a high speed optical scanner at the Board of Elections. The total number of votes cast for the Auditor’s race and for each candidate did not change between the Election Day certification and the recount. There were no discrepancies, no changes, nada, zip, zero, zilch. That folks is how the system should work everywhere, not just in Erie County. That fact speaks to the integrity and dedication to perfection of our BOE employees.
So, the Tom Paul Election Contest comes down to 40 provisional ballots. In his complaint, Paul claims 40 of the 73 invalid provisional ballots were incorrectly determined to be invalid. He claims these 40 provisional ballots should be reviewed again because some (he’s hoping at least 8) ballots may be found valid. He claims the errors, which make these 40 provisional ballots invalid may be attributable to the poll workers and not to the voter. If the error is attributable to the poll worker, then the ballot can be counted in the election. It’s kind of like a Hail Mary pass in football when the clock has 2 seconds on the clock and the team is desperate for a win.
Here’s a breakdown of the 40 provisional ballots and why the Board of Elections found them invalid:
• 32 ballots – voter was registered to vote in the State of Ohio but voted in the wrong county or the wrong precinct
• 2 ballots – voter failed to provide acceptable identification
• 2 ballots – voter failed to sign the provisional ballot envelope
• 1 ballot – voter failed to fill out printed name on provisional ballot envelope
• 1 ballot – voter voted after the polls closed at 7:30 p.m. EST
• 1 ballot – voter’s address does not exist
• 1 ballot – provisional ballot scanned at precinct instead of being placed in the provisional ballot envelope and transferred to the Board of Elections
Tom Paul claims poll workers may have been responsible for these errors. I’m not going to rant and rave on why that is a plainly stupid argument – I’m sure you can figure out why it’s not a poll worker’s fault that someone’s address doesn’t exist or because the voter failed to provide acceptable identification. It’s pretty straight forward. However, despite what common sense says, recent Secretary of State directives regarding standards to validate provisional ballots muddied the waters and make a simple issue a complex one. I’m not going to present legal arguments for why his contest should fail, because frankly this blog isn’t a legal brief. I’m just trying to get the word out on why this election contest is such a big deal.
So, why is the Tom Paul Election Contest such a big deal? First, Tom Paul is pulling at straws to find ways to retain his position as Auditor for the next four years. Instead of bowing out gracefully, he’s clawing for a win he did not earn - makes me wonder if he’s got something to hide.
Second, Paul is claiming Board of Election workers purposefully or negligently did not follow Ohio law in reviewing the validity of 40 provisional ballots. He’s questioning their methods, their integrity and their dedication to the election system. I know many workers at the Board of Elections and I know their methods, integrity and dedication to the election system are above reproach. This one sided mudslinging by Paul is unjust and unwarranted. Erie County has one of the best Board of Elections in the state, and I’d argue in the country. Our elections run smoothly and without scandal – until Tom Paul decided he just couldn’t lose this election and began grasping for straws.
Third, and most importantly, if Tom Paul wins his election contest and any future appeals, this state can kiss election integrity good-bye. If Paul’s arguments succeed, every single provisional ballot cast in this state must be counted, regardless of validity. Voter fraud would run rampant. Effectively, if Paul wins, John Doe could vote in Precinct A by provisional ballot, then walk over to Precinct B and vote by provisional ballot, and both ballots would have to be counted. This should scare everyone living in the state of Ohio.
On February 10 and/or 11, 2011, visiting Judge Richard Markus will hear testimony from the remaining witnesses at the Erie County Court of Common Pleas. Judge Markus is expected to render his decision soon after the last witness testifies. For more information on the hearings next week, please read this Sandusky Register article.
What can you do to help fight this unjust election contest? Support Rick Jeffrey, either with moral support or financial support for his legal defense; email Rick at mayorrj@aol.com Write the Sandusky Register an opinion letter and ask for it to be published – and keep sending your letter until it does. Write to the Erie County Democratic Party and Tom Paul and express your thoughts. Champion the Board of Elections workers by offering a shoulder to lean on and your moral support. In a nutshell – be vocal.
For a detailed time line of the Auditor’s Race and Election Contest, please read this Sandusky Register article.
Subscribe to:
Posts (Atom)