Saturday, October 10, 2009

Fayette Developments May Encourage Citizen Overseers Return

An option during elections anytime in Pennsylvania counties is petitioning by five citizens for the appointment of overseers or monitors of elections at the precinct. With all that's been happening as reported in local newspapers in Fayette, this election might be ripe for a return to that kind of oversight and citizen participation. It's been done before in Fayette.

Excerpts

Brownsville voters want poll overseers
Tribune-Review/Pittsburgh Tribune-Review | November 1, 2007| Liz Zemba |

Some Fayette County voters want watchdogs appointed to their polling places on election day because of alleged tampering with absentee ballots, voter fraud and threats against at least one write- in candidate.

In petitions filed Wednesday with the prothonotary's office, 15 Brownsville voters have asked a judge to appoint election overseers in each of their respective wards.

http://www.encyclopedia.com/doc/1P2-9683110.html


Judge names monitors at Brownsville polls
By Mary Pickels
TRIBUNE-REVIEW
Saturday, November 3, 2007

Fayette County Judge John F. Wagner Jr. on Friday appointed election overseers in three Brownsville wards where 15 borough residents filed petitions with the prothonotary's office....

...Petitioner Patricia Lee Redigan said yesterday that she felt overseers might be a good idea "any time -- to have somebody there with no ax to grind to oversee things."

"One of the reasons I felt comfortable signing the paper was that, in the first place, my husband had been on council," she said.

While at the polls on one occasion, years ago, she said, "I looked around and some things I saw didn't seem right to me. Not inside the polls, but outside the polls."

She could not elaborate on what in particular had disturbed her, other than "people talking to people."

The overseers, she said, might be helpful if people have trouble with the computers used to cast votes.

http://www.pittsburghlive.com/x/pittsburghtrib/news/fayette/s_536089.html


Overseer at election infor


Section 5.4 - Provisional Voting

This topic is monitored by Moritz Law Professor Daniel Tokaji

Pennsylvania

Process of marking provisional ballots:

In Pennsylvania, after the provisional ballot has been cast, the voter shall place the ballot in a secrecy envelope and the secrecy envelope in the provisional ballot envelope and shall place his/her signature on the front of the provisional ballot envelope. (25 P.S. § 3050(a.4)(3)) Before voting the provisional ballot, the elector must sign an affidavit that includes the elector’s name, date of birth, the elector’s address at the time of registration and the elector’s current address: after the information is supplied by the elector, the judge of elections and the minority inspector must also sign the affidavit. (25 P.S. § 3050(a.4)(2))

Procedure for addressing conflict among election board officials as to whether a provisional ballot should be counted:

In Pennsylvania, the inspectors of election shall investigate and pass upon the qualifications of all persons claiming the right to vote, and if the inspectors disagree, then the judge of election shall decide the question, and if the judge of election is unable to decide, then the overseers of the election shall decide the question. (25 P.S. § 3053)

http://moritzlaw.osu.edu/electionlaw/ebook/part5/provisional05.html


Know dates and deadlines for applying for an absentee ballot and follow all legalities and any specific directions for use of paper ballots should you choose to vote absentee. One downside of absentee ballots is lack of opportunity to 'correct' or 'change' your paper ballot once you've shaded in the boxes.

Should you be fortunate enough to be able to show up at the voting precinct (polling place) to cast your ballot, be a savvy voter whichever voting system you utilize.

Know your rights at the polling place or precinct with regard to the selection of which of the two voting systems the boards of commissioners acquired in 2006 (Hart InterCivic Direct Recording Electronic eSlates) and 2008 (Hart InterCivic paper ballot-based eScans).

There are demonstration videos available for review available by following links posted on the Fayette County website.

Election Bureau

http://www.co.fayette.pa.us/fayette/cwp/view.asp?a=2139&q=527565

Fayette Votes

http://www.co.fayette.pa.us/fayette/cwp/view.asp?a=2139&q=521160

You Tube links can also be searched for eSlate and eScan voting machines.

Have as smooth a voting experience as possible by being an informed and prepared voter no matter potential long lines as has happened in Fayette and other counties during past "Municipal Elections."

Absorb the message that has made the rounds of the nation and is nicely displayed on Fayette's election bureau page and link

One Vote Counts

The Importance of Your Vote: Does it Make a Difference?

"You Better Believe It"

And in our own Fayette County, one vote has elected Mayors, Supervisors, Council Members, Tax Collectors, Auditors, Assessors, Constables, Judge of Elections, Inspector of Elections, School Board Directors, and Party Committee Members.

http://www.co.fayette.pa.us/fayette/cwp/view.asp?a=2139&q=515581


Don't stop there. Visit the Pennsylvania state government's website if you want any additional information about any aspect of the voting process. Election Day Calendar, How to Vote a Provisional Ballot. There's no excuse when access to the Internet and state-sponsored informative material is available free.

There's as much responsibility on the part of the voter as election officials to enable every valid voter to cast a ballot and enable that ballot to be counted.

Net the Truth Online

Acting Director appointed

http://www.allbusiness.com/government/government-bodies-offices-regional/13286648-1.html


Right Move editorial Herald Standard October 11, 2009

http://www.heraldstandard.com/news_detail/article/1641/2009/october/11/right-move/print.html


Fayette commissioners terminate longtime election bureau chief
By Liz Zemba
TRIBUNE-REVIEW
Friday, October 9, 2009

The director of Fayette County's election bureau has been terminated from her position.

Laurie Lint, a 20-year employee who was director of elections for the past 10 years, was let go late Wednesday, according to commissioners Vincent Vicites and Vincent Zapotosky.

Vicites and Zapotosky signed off on the termination notice after an emergency meeting of all three county commissioners and their personnel director, Dominick Carnicella. Lint was advised of her termination during a late afternoon meeting with Carnicella.

Zapotosky said Lint was asked to resign in lieu of termination, but she refused to quit voluntarily.

Contacted Thursday by phone, Lint declined to comment.

Zapotosky said Lint was terminated over alleged "numerous failures to comply with directives." Among the concerns they cited were delays in voter purges, failure to train judges of elections on new voting machines before the spring primary and failure to file quarterly reports with the federal government regarding grant money.

In addition, they said a recent incident in which the county's Democratic Committee — relying on incorrect information provided by the election bureau — missed a deadline to nominate a candidate for Uniontown City Council.

"The matter of the city council race was alarming," Zapotosky said. "We passed on erroneous information which now, whether it's the Democratic or Republican committee, is at risk of losing an election."

The Democratic Committee was allowed to nominate a candidate after the deadline when a judge, acting on an emergency motion, extended it.

Commissioner Angela Zimmerlink said she wanted to take corrective action in lieu of outright termination.

"I signed off on a different course of personnel action with a directive for a monitored improvement plan for the entire office, and other reprimands as well," Zimmerlink said yesterday. "Mainly because, prior to the Uniontown City Democratic ballot, there were no documented performance issues for the election bureau."

Vicites and Zapotosky said Lint had been counseled in the past.

"We have counseled her on her performance, so there has been progressive discipline," Vicites said.

Carnicella yesterday said such counseling was oral in nature. The only documented written personnel action prior to yesterday's termination was a one-day, unpaid suspension in May 2008 for alleged falsification of a time card, Carnicella said.

Vicites and Zapotosky yesterday said the decision to terminate Lint was a difficult one.

"To have to terminate somebody is a difficult decision, but I felt it was the right decision for Fayette County," Zapotosky said. "I felt the change needed to be made in order to restore a very important public trust in the election process."

Commissioners yesterday had made no immediate plans to advertise for another director.

http://www.pittsburghlive.com/x/pittsburghtrib/news/fayette/s_647225.html


Commissioners split over firing of director
October 09, 2009 03:23 AM TEXT SIZE By: JENNIFER HARR
Herald Standard

While two of the Fayette County commissioners said Thursday they hope firing the director of the elections bureau would restore public trust in the office, the third commissioner believes the action was too harsh.

The director, Laurie Lint, was offered the chance to resign or be fired Wednesday afternoon. When she refused to resign, she was fired from the post she has held for 10 years.

Commission Chairman Vincent Zapotosky and Commissioner Vincent A. Vicites each signed off on the termination, and Commissioner Angela M. Zimmerlink declined to do so.

Zapotosky and Vicites said they based their decision to terminate Lint on ongoing issues with her job performance. Included were recent issues such as how to fill a vacant seat on Uniontown City Council, the lack of a purge of the voter rolls and the lack of training offered to judges of elections.

"Maintaining public trust in that office is very, very important. It's the hallmark of democracy," Vicites said.

"There is no room for margin of error + in things that could effect elections," Zapotosky said.

He noted that in the May primary a candidate in a magisterial district judge race was left off the Republican ticket. While it was caught before the primary and corrected, Vicites noted if it hadn't been caught, that election would have needed to be redone.

But while her counterparts believe that Lint's termination was justified, Zimmerlink said all of the things they've noted were done wrong never were documented as things that required discipline.

"There are no documented performance issues for the director, other than one non-related job performance issue that occurred last year," Zimmerlink said.

She said she advocated a different course of action that would have asked the entire election bureau staff to air their problems before the election board. Then, said Zimmerlink, there should have been a "monitored improvement plan" implemented, as well as additional reprimands to Lint and other staff members.

Zimmerlink noted that there have been numerous changes to the election process over the past year, including new voting machines and the consolidation of polling places. That has resulted in the staff getting new, additional duties, she said.

If the staff as a whole had come before the election board, Zimmerlink said that the commissioners could have assisted in easing their concerns and moving forward with a plan to improve operations.

"There are a lot of combined years of experience with the existing staff, so my manner of administration would be to use what we have, and improve on that. I thought that would have been a better course of action," she said.

She maintained that doing that - and leaving Lint as director - would have been a better move for voters.

"I prefer addressing the problem and correcting it," she said.

Zimmerlink acknowledged that Lint mishandled the Uniontown City Council vacancy.

The Fayette County Democratic Party recently received a judge's permission to nominate a candidate for a vacant seat on council.

Party officials said they failed to nominate a candidate because the election bureau led them to believe that the seat would not appear in the Nov. 3 ballot.

During an election board meeting in September, Lint indicated she sent out a letter in March that said there would be a special election, and that both parties had until Sept. 14 to nominate candidates.

Bureau solicitor Sheryl Heid issued the ruling that the election be held.

However, in a Sept. 10 article in the Herald-Standard, Lint said there would not be an election, and that the seat would be filled by an appointment through 2011.

The Republicans nominated a candidate nonetheless, but Democratic Party Chairman Fred L. Lebder said he went to the election bureau, and indicated that an employee there called the state Department of State.

A state employee identified only as "Adam" indicated to the county employee the seat could be filled by an appointment, and Lebder said he believed that they would not have to nominate someone.

Lint never checked that opinion with Heid, according to officials.

Gary Altman, the Republican candidate for City Council, is appealing his ruling to the Commonwealth Court.

"The sailors are only as good as the captain of their ship," Zapotosky said, noting that Lint's termination has left the office with "a new sense of energy."

"It was the right decision to make," he said, noting that he felt bad for firing Lint. "The process is more important than any one person."

"It was the right decision to make for the future," Vicites said.

Lint could not be reached for comment.

http://www.heraldstandard.com/news_detail/article/1631/2009/october/09/commissioners-split-over-firing-of-director.html


Election bureau director fired
October 08, 2009 11:34 AM TEXT SIZE By: JENNIFER HARR
Herald Standard

The director of the Fayette County Election Bureau, Lori Lint, was fired late Thursday afternoon.

Following a meeting with the county's human resources director, Dominick Carnicella, Lint was terminated, Commission Chairman Vincent Zapotosky said.

Both Zapotosky and Commissioner Vincent A. Vicites said they signed off on a termination order, or resignation letter, and Lint refused to resign from the post.

Zapotosky said there were numerous issues that led to the firing, but the move comes on the heels of the Fayette County Democratic Party having to seek a judge's permission to nominate a candidate for a vacant seat on Uniontown city council.

In that case, the Democrats have said they failed to nominate a candidate because they were led, by the election bureau, to believe that the seat would not appear in the Nov. 3 ballot.

During an election board meeting in September, Lint indicated she sent out a letter in March that said there would be a special election, and that both parties had until Sept. 14 to nominate candidates.

Bureau solicitor Sheryl Heid issued the ruling that the election be held.

However, in a Sept. 10 article in the Herald-Standard, Lint said there would not be an election, and that the seat would be filled by an appointment through 2011.

The Republicans nominated a candidate nonetheless, but Democratic Party Chairman Fred Lebder said he went to the election bureau and indicated that an employee there called the Department of State.

A state employee identified only as "Adam" indicated to the county employee the seat could be filled by an appointment, and Lebder said he believed that they would not have to nominate someone.

Lint never checked that opinion with Heid, according to Zapotosky.

The election was to fill the seat left vacant when Marlin Sprouts resigned after he was sentenced in a federal mortgage fraud case in March.

At that point, council appointed Philip J. Michael to serve the remainder of the term, which would have ended in 2011.

The next month, Michael resigned after a resident filed a legal challenge, claiming he was not qualified to hold the seat because he didn't live in the city for a year prior to his appointment.

At that point, Republican Curtis Sproul was appointed to fill the vacancy until the November election.

Judge Ralph C. Warman last month allowed the Democrats to nominate a candidate belatedly. Gary Altman, the Republican candidate, is appealing his ruling to the Commonwealth Court.

Briefs in that case are due Friday.

http://www.heraldstandard.com/news_detail/article/1220/2009/october/08/election-bureau-director-fired.html


Fayette election bureau director fired
Buzz up!Daily Courier
Thursday, October 8, 2009
Laurie Lint, director of the Fayette County Election Bureau, was fired late Wednesday afternoon.

Fayette County Commissioner Vincent Zapotosky said this morning that Lint was given the option to resign, but declined, so she was terminated for numerous reasons, the most recent involving the vacant Uniontown City Council seat miscue.

Zapotosky and Commissioner Vincent Vicites signed off on the termination order yesterday.

Zapotosky said he plans to meet with the Election Bureau staff this morning. He expects no problems with the upcoming Nov. 3 general election.

http://www.pittsburghlive.com/x/dailycourier/s_647039.html

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