Democrats sue over alleged GOP stacking of poll watchers

AP | 11/01/02 | KEN THOMAS

[kattracks]

MIAMI (AP) -- Democrats filed a lawsuit Thursday to prevent Republicans from stacking polling sites in Miami-Dade County with GOP-picked poll watchers.

A judge set an emergency hearing for Friday to consider whether Republicans and a political action committee called the Emergency Committee to Stop Bill McBride had an unfair advantage in assigning poll watchers for Tuesday's elections. McBride is the Democratic nominee for governor.

State law allows each party and candidate to have one watcher in each polling room during the election. Poll watchers can challenge the eligibility of voters.

The Democrats, led by former U.S. Attorney General Janet Reno and U.S. Rep. Carrie Meek, said in the complaint that GOP officials unfairly benefited from new rules the Democrats learned of only after it was too late to submit forms.

The new rules make it easier for parties and candidates to submit lists of names of poll watchers. As a result, the plaintiffs said, the Miami-Dade Elections office accepted hundreds of Republican poll watchers designated under less restrictive rules.

Lawyers for the plaintiffs said Democrats had signed about 145 poll watchers. The committee opposing McBride said on its web site Thursday that it had submitted 456 signed poll watcher forms.

The plaintiffs want the judge to either reject all the poll workers not submitted under the previous rules or allow Democrats to submit names under the same rules.

Also Thursday, some voters faced long lines during early voting in Broward and Miami-Dade. Many faced lines of nearly two hours in one early voting site in Broward.

But election officials said it was unfair to compare the early voting system at six sites with voting at more than 774 precincts on Election Day.

------

On the Net:

Emergency Committee to Stop Bill McBride: http://www.stopmcbride.com/

Copyright 2002 Associated Press. All rights reserved.

[Rome2000]

165 Broward precincts lacked GOP staff, review finds

By Scott Wyman and Buddy Nevins
Staff writers
Posted October 25 2002

Broward County Elections Supervisor Miriam Oliphant failed to comply with a state directive to use poll workers from different political parties at each precinct during the September primary.

Registered Democrats held all jobs as poll clerks and inspectors at more than one-fifth of Broward's 750-plus precincts on Sept. 10, according to a review of Oliphant's records by the South Florida Sun-Sentinel.











Oliphant disputed the need for political diversity when Republican leaders raised concerns before the primary. But the state Division of Elections, in a memo written the week before the primary, told her the law required it and she promised to comply.

On Election Day, 165 precincts were run exclusively by Democrats, crisscrossing the county from heavily minority areas to condominium complexes. Only six had all-Republican staffs.

County Republican leader George LeMieux blasted Oliphant for breaking her promise and said he wanted assurances there would not be a repeat in the Nov. 5 election.

"What she did is against the law," LeMieux said on Thursday. "The law requires that the workers not be all from one party for a reason -- to prevent fraud. Having all from one party could skew the results. The workers have nobody to stop them from stacking the vote count."

Oliphant could not be reached for comment. But Robert Buschel, the lawyer who advised her before the primary, said he was surprised and disappointed to learn of the staffing problems. Her current lawyer, Mike Robinson, said he would urge Oliphant to make sure it doesn't happen again.

"We have to have political diversity across the board in this election," Robinson said. "It's just common sense to have everybody represented."

Primary problems

The questions of political diversity are the latest problem facing Oliphant. She was on the verge of being removed from office for misconduct following widespread problems during the primary and has since faced charges of misspending while running up a $1 million deficit.

Ed Kast, director of the state Division of Elections, said the GOP's only recourse is legal action if Broward doesn't diversify its staffs. He said his office can only explain the law to supervisors.

"She is the duly elected constitutional officer and that is a decision she has to make," Kast said. "The statute is clear and states it very simply, but there is nothing in there about what happens if you don't do it."

The law states that "no election board shall be composed solely of members of one political party." The only exception is a primary involving candidates of only one party.

That means the clerk, assistant and inspectors comprising the election board at each precinct must be a mix of Democrats, Republicans, people registered with minor-party affiliations and independent voters.

LeMieux plans to discuss the problems today with Deputy Supervisor Joe Cotter, who was hired to run the November election after September's disastrous primary. LeMieux said he thinks he and Cotter can work out an agreement, but he is prepared to go to court if necessary.

The GOP is concerned about the fairness of the Nov. 5 election if polling places are staffed solely by Democrats. The gubernatorial race between incumbent Jeb Bush and Tampa lawyer Bill McBride is expected to be close, so the election process in heavily Democratic Broward could be critical.

Cotter promised to do all he can to ensure political diversity.

"I've given that direction to our poll worker department, and we are proceeding along those lines," Cotter said. "We have reached out to the Republican Party, provided them our database of poll workers and are working with them."

Offers ignored

The lack of diversity in the primary occurred despite a GOP offer to help find poll workers. Shortly before the election, the party released letters from Republicans who said they were ignored when they tried to volunteer.

A review of Oliphant's records showed all-Democratic staffs at nine of Lauderdale Lakes' 13 precincts, 11 of Lauderhill's 24 precincts and 13 of Sunrise's 40 precincts.

Republican workers were particularly lacking in minority precincts. No Republicans were on staff at Precinct 53Z in Carver Ranches, 38R at Dillard Elementary School in Fort Lauderdale or 6C at Sanders Park Elementary School in Pompano Beach -- precincts with more than 1,500 voters each, almost all black Democrats.

Dominating precincts

The elections office also had problems finding non-Democratic workers for older condominium communities, traditionally Democratic strongholds. Precincts in Century Village, Hawaiian Gardens, Wynmoor Village, Sunrise Lakes and Kings Point had all-Democratic staffs.

Three of the six precincts with all-Republican staffs were in Parkland. Two were in Davie and the other was in Lauderdale-by-the-Sea.

Elections experts say officials can have difficulty following the law when an area is dominated by one party, meaning volunteers from other parties would have to drive farther to work there. Growing areas also can have problems staffing an increasing number of polls, they say.

But Dennis Myers, president of the 130-member Northeast Broward Republican Club, said he would have been glad to help the elections office.

"We could have recommended plenty of Republicans," said Myers, whose club has members in such Democratic condominiums as Wynmoor and Palm-Aire.

Broward's troubles with political diversity began when Buschel reinterpreted state law for Oliphant.

Her predecessor, Jane Carroll, tried to ensure diversity at each precinct before she retired in 2000. But Buschel and Oliphant decided that she didn't have to determine whether each precinct had workers of different parties as long as the entire group of 5,000 poll workers had a mix.

Protecting the polls

Republican officials were deeply suspicious of Oliphant, a longtime Democratic activist. The GOP wanted to stick to the traditional understanding, especially in light of allegations of political intrigue at the polls during the 2000 presidential election.

Despite Cotter's promises that the staffs will be different, some Republican candidates are preparing to have their own representatives at the polls.

U.S. Rep. Clay Shaw's campaign has assembled hundreds of certified observers who will be allowed to enter the polling places. In addition, Shaw, R-Fort Lauderdale, will place other volunteers outside polling places.

"If there are precincts in our congressional district that do not have Republican poll workers, we will be there," said Larry Casey, Shaw's campaign manager. "The Shaw campaign will put people there. We will not leave any poll unprotected."

Staff Writer Brittany Wallman contributed to this report.

Scott Wyman can be reached at swyman@sun-sentinel.com or 954-356-4511.

[Rome2000]

The lack of diversity in the primary occurred despite a GOP offer to help find poll workers. Shortly before the election, the party released letters from Republicans who said they were ignored when they tried to volunteer.

A review of Oliphant's records showed all-Democratic staffs at nine of Lauderdale Lakes' 13 precincts, 11 of Lauderhill's 24 precincts and 13 of Sunrise's 40 precincts.

Republican workers were particularly lacking in minority precincts. No Republicans were on staff at Precinct 53Z in Carver Ranches, 38R at Dillard Elementary School in Fort Lauderdale or 6C at Sanders Park Elementary School in Pompano Beach -- precincts with more than 1,500 voters each, almost all black Democrats.

[wunderkind54]

Oh, mon dieu!! Not the horrid stacking of GOP observers!!!

[gratefulwharffratt]

I hate to ping you so early in the morning, especially when you might be at risk of spitting coffee all over your monitor when you see what those damned DemonRats are up to now...

BUT, they find new ways DAILY, to amaze me as to what lengths they will go to, to win at ANY cost.

[Rome2000]

Its fine when the rats go out of their way to have all rat poll watchers,but God forbid if the GOP actually has a presence at each precinct so it can stop these crooked socialist SOB's from commiting their traditional election fraud.

I predict even the most demented drooling imbecile rat judge will throw this thing out of court, there is no possible way to justify throwing out GOP poll watchers, and letting new rat ones in now would be a blatant violation of the law, something rat judges in Florida have been slapped for in the past.

This lawsuit is the last gasp pathetic effort of the Janet Reno and Terry Mcauliffe propaganda machine, a way to further the destruction of the electoral process in the USA.

[retiredtexan]

Rules are about the same as law, and ignorance of the law is no defense, except if you a democrap.

[Real Cynic No More]

Ummmm .. aren't the democrats the same people that are packing the polling sites with LAWYERS??

BINGO!

[Rome2000]

"She is the duly elected constitutional officer and that is a decision she has to make," Kast said. "The statute is clear and states it very simply, but there is nothing in there about what happens if you don't do it."

That is going to change real soon.

[YaYa123]

"Democrats will sue poll watchers for interfering with Democrats intent to commit voter fraud."

A brilliant observation, already proven true by Miami and Minnesota. But thank goodness, it looks as if Republicans are ready to rumble. We should be feeling really good at the democrats' high anxiety level, which shows how worried they are. Democrats have to be worried because people have a high awareness of voter registration fraud methods, actual voter fraud, plus there's a republican Justice Department.

But beware! Like a wounded animal, the Democrats will attack viciously, anything is possible from here on out.

[OldFriend]

Whine whine whine. Guess Meeks and Reno are the new couple!

[isthisnickcool]

We need to "outsource" the elections where the people are "stupid" like in Florida. Let's let companies like McDonalds and Burger King do it:

Imagine, instead of burgers and fries you have pictures of candidates. "Uh give me a #1 Rosco Bumblebee for County Commissioner". See how easy this would be? And ANY hispanic, black, asian or even trans-gender people can order fast food! Amazing how "smart" they are when it comes to feeding their faces!

As the voter drives out they get a receipt of their votes and an order of frys if they want some.......

[RedBloodedAmerican]

Stacking? 90% of them were Dems the last time around, run and controlled by a Dem officer. What a crock! The Dems are pissed because they aren't allowed to cheat!

[copycat]

I thought the dims were getting low on money. What's with the law suits?

Dems don't pay for lawyers...

[TShaunK]

Don't forget saving whales,Kennedy, and Clintons.
And even saving dinosaurs,Mondale, Laughtenberg.

[Recluse]

I'm afraid this system might be open to even more vote fraud.

Don't give them any ideas....

[isthisnickcool]

My post was kind of tounge-in-cheek. The main point being that these "morons" can order off a fast food menu which is more complicated than any ballot. There is no voting problem or any "stupid" voter problems. The Dems. have been gaming the system for years. Stuffing ballot boxes, voting over and over, getting illegals to vote and dead people too. It's the only way they can win.

[windchime]

"The Democrats, led by former U.S. Attorney General Janet Reno and U.S. Rep. Carrie Meek, said in the complaint that GOP officials unfairly benefited from new rules the Democrats learned of only after it was too late to submit forms."


LIE! LIE! LIE! (do I sound like Robert Byrd (D-WV)?)

As a FIRST TIME poll worker (not former Attorney General of the US), I had the information regarding registration as a poll watcher in August. The filing deadline was October 22.

They just didn't expect the level of activism from the GOP that has resulted from our being SICK AND TIRED of their games with our elections.



Yes, YaYa123, unfortunately, you are correct when you say:

"But beware! Like a wounded animal, the Democrats will attack viciously, anything is possible from here on out."

[Mad Dawgg]

"MIAMI (AP) -- Democrats filed a lawsuit Thursday to prevent Republicans from stacking polling sites in Miami-Dade County with GOP-picked poll watchers."

Translation: Dems don't want "Prying eyes" at the polling places for fear of exposing their "creative" voting and vote tabulation methods!

[TC Rider]

Note to Janet: Ignorance of the law is no excuse!

[YaYa123]

""But beware! Like a wounded animal, the Democrats will attack viciously, anything is possible from here on out."I should have added: Remember, Democrats are not bound by laws, conscious,ethics, common sense or self-respect. They will do anything to win....anything!