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.
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