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BREAKING: Commissioners disagree on order of ballot count
Counting hadn't started as of 7 p.m.
By Francesca Olsen
Though no ballots were counted as of 7 p.m., there was plenty of activity at the county Board of Elections Tuesday. While the count was slated to begin at 9 a.m., starting with absentee ballots from Taghkanic, a long series of events turned the routine count into catastrophe.
“Mr. Kline and I are at an impasse right now,” said Democratic Commissioner of Elections Virginia Martin Tuesday morning at about 10:30 a.m. The impasse was a disagreement concerning the order of towns to be counted. A letter was sent to each candidate last week, outlining a schedule of the absentee ballot count.
A large group of people who volunteered to count ballots were waiting for a decision Tuesday morning into Tuesday evening, along with several candidates from Taghkanic and Republican attorney John Champoli.
According to Martin, the order wasn’t set in stone. “There was a tentative order suggestion,” she said, adding that the schedule showed towns with hotly contested races to be counted first. “I reluctantly agreed to that schedule, but I did agree to it,” she said.
However, Martin had “strong misgivings” after the fact, due to events surrounding the drawn-out absentee ballot in March’s special election for congress. This, along with a rumor Martin heard that the Republicans would be bringing their lawyers to the count, made Martin decide it was better to count less complicated towns’ ballots first. “Get them out of the way, get them done -- have something we can finish,” she said.
“At the special election, the counting seemed interminable,” she added. “I don’t want to start the counting that way.”
Martin said that last Wednesday, she called Republican Commissioner Don R. Kline to discuss the issue. He hadn’t seen the letter, or the schedule. Martin told the Register-Star that Kline said he didn’t have a problem with changing the schedule. Martin said he agreed to contact all Republican candidates by phone while she called Democratic candidates to tell them about the change.
A second schedule was never drafted and never sent.
“I did that (called the candidates),” she said, “but apparently he never did.”
Martin said she would compromise and count uncontested towns on the schedule for Tuesday, but nothing else. “I’ve more than met him halfway, and he hasn’t agreed to anything,” she said.
“My intention was to count the ballots of towns that were hinging on absentees first,” Kline told the Register-Star, adding that he asked deputy Republican Commissioner Kathy Harter to make the schedule. When Martin called him asking for a change, “I said, well, possibly that could be done,” he said. “She assumed it was an agreement to change the schedule. I said, ‘we have to adhere to this document.’”
Kline said he didn’t remember Martin asking him to call candidates. “I didn’t say I was going to call anybody,” he said.
“Counting the other ones first is actually for no cause. The outcome is not going to change,” he added.
The County Attorney’s Office issued a memorandum last Thursday stating the office’s legal opinion on the matter. It stated that oral changes do not meet legal requirements for change and that orders must be made in writing, so the Board of Elections should go by the schedule as it was originally issued.
Martin would not budge on the issue, and Champoli, on behalf of the Republicans, quickly drafted an order to show cause to be filed at the County Clerk’s Office, then at the county courthouse. Democratic attorney Kathleen O’Keefe was reached by phone but not present during any of Tuesday’s events.
After the show cause order, calling for an expedited judicial process, was filed at the courthouse, it only took about 15 minutes to enter the court with Judge Johnathan Nichols presiding.
No Democratic representatives from the BOE were present in the courtroom.
After being briefed on the issue, Nichols said he was inclined to grant the show cause order and mandate that the absentee count begin today. Champoli stated that Martin was blocking the process “without articulated reason”.
“This is the day we must commence the count,” Nichols said. Nov. 17 is the last day to begin an absentee ballot count according to New York state election law. He ruled that the count should begin at 5 p.m. and last until midnight. “If it’s scheduled to be done, let’s get it done,” he said.
When Champoli got back to the BOE office at 401 State St. in Hudson to serve the paperwork to Martin, she wasn’t present in the office. He followed Democratic Deputy Commissioner Hillary Hillman outside of the building and touched the papers to her shoulder, letting them fall to the ground. Legally, Champoli said, he only needed to touch her with the paperwork for it to have been served.
Martin was reached by Hillman by phone; she had left the office and taken her key to the closet where the absentee ballots were held, rendering it unopenable. Each commissioner has a key to the absentee ballots and the closet can’t be opened without both keys.
At 7 p.m. Tuesday, no ballots had been counted. On the phone to Champoli, a representative from O’Keefe’s office said O’Keefe was trying to locate a member of the appellate court to issue a stay order, reversing Nichols’ decision.
Supervisor Betty Young, R-Taghkanic, was stationed at 401 State St. from 9 a.m. on. “This didn’t have to happen,” she said around 6:30 p.m.
To reach reporter Francesca Olsen, call 518-828-1616, ext. 2272, or e-mail folsen@registerstar.com.
“Mr. Kline and I are at an impasse right now,” said Democratic Commissioner of Elections Virginia Martin Tuesday morning at about 10:30 a.m. The impasse was a disagreement concerning the order of towns to be counted. A letter was sent to each candidate last week, outlining a schedule of the absentee ballot count.
A large group of people who volunteered to count ballots were waiting for a decision Tuesday morning into Tuesday evening, along with several candidates from Taghkanic and Republican attorney John Champoli.
According to Martin, the order wasn’t set in stone. “There was a tentative order suggestion,” she said, adding that the schedule showed towns with hotly contested races to be counted first. “I reluctantly agreed to that schedule, but I did agree to it,” she said.
However, Martin had “strong misgivings” after the fact, due to events surrounding the drawn-out absentee ballot in March’s special election for congress. This, along with a rumor Martin heard that the Republicans would be bringing their lawyers to the count, made Martin decide it was better to count less complicated towns’ ballots first. “Get them out of the way, get them done -- have something we can finish,” she said.
“At the special election, the counting seemed interminable,” she added. “I don’t want to start the counting that way.”
Martin said that last Wednesday, she called Republican Commissioner Don R. Kline to discuss the issue. He hadn’t seen the letter, or the schedule. Martin told the Register-Star that Kline said he didn’t have a problem with changing the schedule. Martin said he agreed to contact all Republican candidates by phone while she called Democratic candidates to tell them about the change.
A second schedule was never drafted and never sent.
“I did that (called the candidates),” she said, “but apparently he never did.”
Martin said she would compromise and count uncontested towns on the schedule for Tuesday, but nothing else. “I’ve more than met him halfway, and he hasn’t agreed to anything,” she said.
“My intention was to count the ballots of towns that were hinging on absentees first,” Kline told the Register-Star, adding that he asked deputy Republican Commissioner Kathy Harter to make the schedule. When Martin called him asking for a change, “I said, well, possibly that could be done,” he said. “She assumed it was an agreement to change the schedule. I said, ‘we have to adhere to this document.’”
Kline said he didn’t remember Martin asking him to call candidates. “I didn’t say I was going to call anybody,” he said.
“Counting the other ones first is actually for no cause. The outcome is not going to change,” he added.
The County Attorney’s Office issued a memorandum last Thursday stating the office’s legal opinion on the matter. It stated that oral changes do not meet legal requirements for change and that orders must be made in writing, so the Board of Elections should go by the schedule as it was originally issued.
Martin would not budge on the issue, and Champoli, on behalf of the Republicans, quickly drafted an order to show cause to be filed at the County Clerk’s Office, then at the county courthouse. Democratic attorney Kathleen O’Keefe was reached by phone but not present during any of Tuesday’s events.
After the show cause order, calling for an expedited judicial process, was filed at the courthouse, it only took about 15 minutes to enter the court with Judge Johnathan Nichols presiding.
No Democratic representatives from the BOE were present in the courtroom.
After being briefed on the issue, Nichols said he was inclined to grant the show cause order and mandate that the absentee count begin today. Champoli stated that Martin was blocking the process “without articulated reason”.
“This is the day we must commence the count,” Nichols said. Nov. 17 is the last day to begin an absentee ballot count according to New York state election law. He ruled that the count should begin at 5 p.m. and last until midnight. “If it’s scheduled to be done, let’s get it done,” he said.
When Champoli got back to the BOE office at 401 State St. in Hudson to serve the paperwork to Martin, she wasn’t present in the office. He followed Democratic Deputy Commissioner Hillary Hillman outside of the building and touched the papers to her shoulder, letting them fall to the ground. Legally, Champoli said, he only needed to touch her with the paperwork for it to have been served.
Martin was reached by Hillman by phone; she had left the office and taken her key to the closet where the absentee ballots were held, rendering it unopenable. Each commissioner has a key to the absentee ballots and the closet can’t be opened without both keys.
At 7 p.m. Tuesday, no ballots had been counted. On the phone to Champoli, a representative from O’Keefe’s office said O’Keefe was trying to locate a member of the appellate court to issue a stay order, reversing Nichols’ decision.
Supervisor Betty Young, R-Taghkanic, was stationed at 401 State St. from 9 a.m. on. “This didn’t have to happen,” she said around 6:30 p.m.
To reach reporter Francesca Olsen, call 518-828-1616, ext. 2272, or e-mail folsen@registerstar.com.
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The following are comments from the readers. In no way do they represent the view of registerstar.com.
JFromKinderhook wrote on Nov 18, 2009 7:37 AM:
" It is disheartening for the gamesmanship to continue well after the election. It's not about the election commissioners and what they may want it's about respecting the voter and what they want. By leaving the County offices Virginia Martin made the process selfishly about her. I applaud Supervisor Young. This is yet another illustration of needless government waste. "
swingbatter2 wrote on Nov 18, 2009 11:19 AM:
" If Betty Young is so concerned, she should talk to her party leadership about voter disenfranchisement in both Columbia and Dutchess counties. The Republicans were working this angle starting from Election Day. This is the plan: as the Republican Party becomes less relevant, they're using legal maneuvers to keep those votes. "
survey says wrote on Nov 18, 2009 12:38 PM:
" Oh my god! Touching papers to peoples shoulders and letting them drop???
Going home and taking the keys???
This is like third grade. What are our kids supposed to think when adult leaders act like this? Let's start electing and appointing people who promise to uphold traditional values. "
Going home and taking the keys???
This is like third grade. What are our kids supposed to think when adult leaders act like this? Let's start electing and appointing people who promise to uphold traditional values. "
AuntAnna wrote on Nov 18, 2009 7:52 PM:
" Ginny needed to grow up an accept her benefactor lost, and she was out of a job. So, now she decides after 30 years of doing the problematic ballots first to make it easy for everyone involved to know the outcomes and move on, she decides to make them all wait a day extra to clean up the mess? Grow up... The ONLY person to benefit under her plan....lawyers that are paid to sit while she would count the ballots for races that were already decide. Unreal.
Calling this an attempt to steal votes? How? Count the important ones first gets the "valuable" ones done right away. Stall a day, lets SOMEONE (her friends?) peruse the uncounted ones....why? Ask her. She wanted the only plan where nefarious activity could happen. "
Calling this an attempt to steal votes? How? Count the important ones first gets the "valuable" ones done right away. Stall a day, lets SOMEONE (her friends?) peruse the uncounted ones....why? Ask her. She wanted the only plan where nefarious activity could happen. "
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stonepound wrote on Nov 18, 2009 7:30 AM: