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Sunday, February 02, 2020

Updated: NorCo's Elections Comm'n Has Effectively Canceled Primary



Northampton County's Elections Comm'n met on Thursday in Council chambers. The meeting was supposed to be videotaped, but IT was never informed. As a result, there is no video. There is, however, an audio of the 1 1/2 hour meeting, which the County made available. I have posted it above.

On Thursday, Northampton County's Elections Comm'n voted 4-1 against a request that it recommend a $240,000 order for electronic pollbooks (epollbooks) with Florida-based Tenex Software Solutions.  With this single vote, the Elections Comm'n has just made it impossible for the county to conduct an election in April. The sole member to vote yes was Gail W Preuninger.

Pollbooks are what elections officials bring to each precinct. They are massive books containing the registration data of every voter at that polling place. When voters check in, they sign this book. After the election, pollworkers handscan every person who has voted, a process that usually takes two to three weeks.

Epollbooks make things a lot easier, both for voter and pollworker. Printed paper pollbooks are usually broken up by the alphabet in each precinct, with an "A" to "K" book and another "L" to "Z" book. Three or four people whose last name begins with "L" could be standing in line while the "A" to K" clerk is unoccupied. With an epollbook, they could simply go to this unoccupied clerk because all the registration data is in each of the pollbooks.

Voter Registrar Amy Cozze notes it is often difficult for pollworkers to find someone's name in the paper pollbook, even though the elections office separates letters of the alphabet with tabs they manually place in each paper pollbook. This speeds up dramatically with epollbooks. Typing a person's name will reveal all pertinent information.

In addition to convenience for both voter and pollworker, Administrator Charles Dertinger had an even more compelling argument for epollbooks. The County has no choice. He previously told Elections Comm'rs that the County's paper pollbook printer, NTS Data, was no longer able to print paper them in time for the election because of recent changes to state law. These give voters more time to register and apply for mail-in ballots, but that means there is less time to print an accurate pollbook. "If we don't have pollbooks by the primary, we can't have an election," warned Dertinger.

Cozze added she had fielded calls from Delaware and Montgomery Counties, looking for a paper pollbook printer. No success.

Elections Commissioners decided earlier to take a week and do their own research before voting on epollbooks. "I would like more time," said Chair Maudenia Hornick. She said she voted for the XL and "We got egg on our face."

It appears they have egg on their face again.

Despite what both Dertinger and Cozze told Comm'rs, Chairperson Hornick assured fellow Comm'rs that she had called NTS and was told paper pollbooks could be printed in time for the April 28 Primary.

She was wrong.

The day after this vote, NTS's Director of Government Services, Mark D. Rossman, advised the County as follows:
Regrettably after careful consideration, NTS has determined that given the changes to election law requirements (as stipulated by the Commonwealth of Pennsylvania) and the future advent of electronic poll books we can no longer provide what we feel will be a cost effective and timely solution to adequately meet the crucial needs of the Northampton County Elections Office. This was not a decision that we made lightly but one we thought practical for all concerned.

We have been proud to serve the voters of Northampton County these past 24 years. I regret any inconvenience this may cause your County and thank you for your past loyalty. ... ."
In addition to her mistaken claim that NTS Data could print paper pollbooks in time, Hornick added that she had spoken with Lehigh County's Deputy Registrar about the Tenex epollbooks. Lehigh has used them for six years. Hornick said she was told Lehigh experienced lots of "hiccups," and they  take up a lot of space. Cozze contacted this Deputy after the meeting, and reports this Deputy denies she was negative about the epollbooks.

In rejecting epollbooks, Northampton County's Elections Commission was relying on the mistaken belief that paper pollbooks could still be used. Without pollbooks, there is no way to check in voters and no way to conduct an election.

"I don't see the haste in rejecting the system we've been using," argued Elections Comm'r Alan Brau, M.D. It is not the County that rejected the printer. It is the printer that rejected the County.

Assuming that the County could somehow find a paper pollbook printer, the expanded deadlines mean it would have no way to determine whether someone who applied for a mail-in ballot had not also voted at a precinct. The county would have to go through a two-to-three week process of hand-scanning the paper pollbooks to ensure no one had double voted before it could even begin the process of counting these votes, even unofficially.

In stark contrast to hand-scanning paper poll books, epollbooks would enable elections officials to determine immediately if someone who applied for a mail-in ballot had tried to vote at the polling place.

Hornick said other counties print in-house, and for voters who requested mail-in ballots near the deadline, you could just add supplemental sheets. "The unofficial votes will take longer to count," said Hornick, saying that is a trade-off for voter convenience. Hornick and Dr. Brau both said they'd prefer to wait for an off-year election to roll out epollbooks.

Unhappy with this decision, Executive Lamont McClure has fired off a letter to local newspapers. "T]he Election Commission made it very clear that they 1) are not interested in making sure candidates and Northampton County residents can see results the night of the election, 2) are not concerned about the stress they are putting on County staff, 3) are not troubled by the difficulties poll workers will have trying to check long lines of people in on multiple lists and 4) don’t care if Northampton County misses its filing deadline with the state."

"If you want a floor cleaned properly, don’t refuse to give the janitor a mop."

Blogger's Note: Originally published 2/1/20 at 2:23 am.

78 comments:

Anonymous said...

What???

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

Her animus to Democrats? Although millions of people DO feel great animus for the present Democrat Party all across this nation, it is YOU now making this a political decision. I have no knowledge of her political affiliations, and don’t really care, but she evidently had others vote the same way.

Sounds to me, just find another printer. Whatever data is in those books was produced in digital form and loaded from those disks to a printing device wherever that might be in the world. I believe printing those books is still very possible.

I would be fine with the newer, now rejected, e-poll tablets, by the way. But, it’s not my decision.

Anonymous said...

First of all, Amy Cozze didn't do a simple part of her job and notify IT to get the video set up. Mandamus = McCluess/Dertinger getting their ways. Total micromanging. That is exactly my Amy Cozze got the job.

Anonymous said...

I wish the administration would spare us the exaggerated theatrics and be honest that it wanted these epollbooks, gave the commission no other option, and was not honest about possible alternatives.

Really, it's either buy these epollbooks or spend weeks double scanning all these books? What if they paper poll books were printed a month in advance, supplemental lists were printed 7 days before the election when the paper ballot request ends, and then election workers take the supplemental list and mark as "cannot vote - requested paper ballot" next to each name in the pool book for their precinct.

Of course that's not easy or convenient. But it complies with Act 77 and does not involve the imagined nightmare of scanning books for weeks after election day.

Anonymous said...

Did the new director of elections have her own research to refute any of the commission's arguments? Didnt Hornick vote for the XL? So how can you say she's anti- technology? Your accusations dont add up.

Anonymous said...

Sounds to me like having our own in house printers back is one solution. Dertinger says the printers were gotten rid of in the 90's. So how could Brown be the one that did it as you claim?

Anonymous said...

Oh oh! It is revealed that the last director of elections was chosen by having the commission interview the candidates and making the choice. So what gives with administration saying it must go through them?? Also, interesting to hear Charlie trying to limit the amount of meetings that the commission has by whining about employer overtime. This audio is chock full of interesting tidbits. Everybody should give it a listen.

Anonymous said...

OK Boomer!

Bernie O'Hare said...

"Didnt Hornick vote for the XL? So how can you say she's anti- technology? "

She did until she and her sister realized they could make political hay by attacking McClure over his reliance on technology. Now she's opposed to technology designed to make elections run more smoothly.

That's fine, but be honest. She claimed the printer told her it could produce the paper pollbooks, but that very same printer has advised the county in writing that it is simply unable to do what Hornick said. Also, the LC Deputy Registrar denies having said what Hornick claimed.

These misrepresentation, designed to hurt the exec, in reality hurt the voter. They make an election in April impossible. There is no way the county can get paper pollbooks in time. The EC's duty is to oversee the conduct of elections, not prevent them. It needs to reverse course immediately.

Bernie O'Hare said...

5:52, Try making your points without being vulgar.

Bernie O'Hare said...

I wish the administration would spare us the exaggerated theatrics and be honest that it wanted these epollbooks, gave the commission no other option, and was not honest about possible alternatives.

No exaggerated theatrics. Without pollbooks, there can be no election. Those are needed to check in voters. The Elections Comm'n shot down electronic pollbooks. Contrary to Hornick's misrepresentation, which I hope was unintentional, said, the county's printer has backed out of printing pollbooks. The county lacks the capacity to print in house bc former Exec John Brown dismantled the print shop. There are no printers who can do what NTS did. So effectively, the Elections Commission has made an election impossible

Bernie O'Hare said...

"First of all, Amy Cozze didn't do a simple part of her job and notify IT to get the video set up>"

Actually Amy Cozze changed the meeting venue to council chambers precisely so that it could be videotaped. She was unaware she had to inform IT and the Sheriff's office.

Bernie O'Hare said...

"Her animus to Democrats? Although millions of people DO feel great animus for the present Democrat Party all across this nation, it is YOU now making this a political decision. I have no knowledge of her political affiliations, and don’t really care, but she evidently had others vote the same way."

Fair enough. I will withdraw that accusation and assume she is doing what she thinks is best. It still makes it impossible to conduct an election.

"Sounds to me, just find another printer. Whatever data is in those books was produced in digital form and loaded from those disks to a printing device wherever that might be in the world. I believe printing those books is still very possible."

This is where you and Maude are both mistaken. The county's printer has walked away, contrary to what Hornick asserted. The County is unable to find one willing to do what that printer did, especially had a time when printing demands are going to be very high. In fact, the county has received calls from other counties looking for help in finding a printer. And incidentally, the elections office has a lot of things to do between now and April 28. Electronic pollbooks are the only realistic option. If not averse to technology, the EC could have sought demos from two other vendors who submitted more expensive bids. It did not. Now the county is under the gun. It needs to reverse itself immediately.

Bernie O'Hare said...

"Oh oh! It is revealed that the last director of elections was chosen by having the commission interview the candidates and making the choice. So what gives with administration saying it must go through them?? Also, interesting to hear Charlie trying to limit the amount of meetings that the commission has by whining about employer overtime. This audio is chock full of interesting tidbits. Everybody should give it a listen."

It is true the last Director was chosen by the EC. I believe Linda Arcury and Debbie DePaul were chosen that way as well. This is a gray area of the law. Though the Elections Code provides that the EC has the authority to hire and fire, it has no budget. The employees in that office, and this is the case in every county, are county employees. They are governed by career service rules, which are specifically established in the Home Rule Charter. Cozze was chosen in accordance with those rules.

Dertinger did not complain about the number of meetings but the time. If they are earlier, then he can cut down on OT. I agree that is bullshit. It is important to have an involved EC, and if that means OT, that's a price taxpayers will pay for increased oversight.

Anonymous said...

Not possible to print? Perhaps. First question, who is the ‘official’ printer for the State of Pennsylvania? No doubt, a huge room in Harrisburg, full os state employees. I honestly don’t know the answer, but since our state government is responsible for making these changes, it should be willing to help. Second question, has anyone made that call for help?

Bernie O'Hare said...

The state DGS handles in-house printing. Not sure they have the capacity to handle requests from several counties. I have no knowledge whether they have been contacted, and will find out. What I can say is that an election is fast approaching, and the county does not have a lot of time to get things ready. Every second they spend on the wild goose chase imposed by the EC is a second lost in other steps it must take in getting ready.

Anonymous said...

Fake news Bernie, fake news..you're just upset that they actually did their homework and are trying to protect the interest of the norco residents and not just rubber stamp what you want.

Anonymous said...

So what's true Bernie? Did the ability to print our own poll books go out the window in the 90's like Dertinger said or did it go away under Brown? How difficult and expensive to bring it back?

Bernie O'Hare said...

It went away under Brown. You are missing the point. The county is required to conduct an election on April 28. That is now impossible, The solution is epollbooks, yet you now want the county to spin its wheels to resurrect an in-house printer system to do something the county has never done and is likely unable to do. That's almost certainly why, 24 years ago, the county used an outside printer.

This is not a game. Some serious misrepresentations were made on Thursday, and I am appalled that some Elections Comm'n would actually say they have no problem, waiting three weeks for even unofficial results. That is completely irresponsible, and I can't help but suspect they are doing this deliberately, playing games with our electoral process, so they can make McClure look bad. I certainly hope that is not so.

That meeting was based on the assumption that there would be paper pollbooks, and that they would be incomplete.

We learned the following day that this assumption is flatly wrong. There will be no paper pollbooks. The EC needs to reverse itself immediately and quit wasting valuable time, which now is of the essence.

Bernie O'Hare said...

"Fake news Bernie, fake news..you're just upset that they actually did their homework "

I am delighted they are involved, but Hornick misrepresented (1) what the paper pollbook printer said and (2) what LC's registrar said. She needs to be more careful.

I have an email from the paper pollbook printer stating it will not be doing this work for any county. It even suggests epollbooks. Nothing fake about that. This is not Trumpworld. You can't just create your own alternative reality. Facts are stubborn things. Maude got her facts wrong.

Jeff Fox said...

"This is thanks to former Executive John Brown, who did away with them."

According to the poll book printer, they have done work for NorCo for 24 years. Another commenter says that Mr. Dertinger stated the capacity for NorCo to print poll books went away in the 90's. Either way, the history without the capacity to print our own poll books has been quite a while. Mr. Brown may have done away with “them” because at the time it may have been seen as unnecessary and fiscally responsible. Hindsight is always 20/20 and it is always easy to throw stones, especially at someone with which we ideologically may disagree. This situation certainly afforded you such an opportunity.

Anonymous said...

Bernie - I think some may be missing the point, that a careful reading of your post reveals. Here is my summary of what you wrote:

The commission voted against epollbooks, but the Chairperson assured members that paper pollbooks could be printed, as is normally done, to verify voter's identity and the fact they have voted at the polling place. Unfortunately, the company that has printed the pollbooks has stated that it will in fact not be able to print them in time for the primary. Therefore the commission chose to accept a backup plan that is not viable.

This is huge and needs to be fixed ASAP. Great reporting.

Bernie O'Hare said...

Jeff Fox, my problems with Brown have NOTHING to do with ideology, and your inference that it does is incorrect. My objection to Him is that he was secretive and unaccountable. He routinely made decisions without discussion with the people who would be impacted. The county print shop is just one such example. And Brown is only one per cent of this story.

LVCI said...

I'm not sure I follow everything said in the meeting but it seems to me the mail in ballots shouldn't be the problem it's made out to be. After each request is validated as a legitimate registered voter it should receive a individually bar coded sticker. Once these are returned it should be relatively easy to feed them into a scanner similar to Lehigh County's. Of course without the poll books someone could try and physically vote even though they did the mail in.

Being simple minded as I am I'm thinking in terms of the Microsoft Excel software. Would it be too difficult to use it's sort function to identify each district and ward highlighting the eligible voters then printing that information on a regular printer for each?

It may not be a long term solution but may get the county through this time around.

Anonymous said...

Significant changes, especially made too quickly, are an opening to confusion and chaos. I am most concerned about accepting a greater amount of provisional ballots and increasing opportunities for digital hacking, including seemingly harmless Scantron machine-type counting.

Numerous persons I encounter report receiving emails and telephone calls that are incoming from their OWN NAMES. The technology that already makes this deception common must give everyone concern. What else is vulnerable to deception?

Our next two elections are RIPE for problems with a corresponding drop in confidence in the system.

Bernie O'Hare said...

LVCI, with paper poll books you have to page through it and scan the barcode of those who voted. With extra personnel, that process takes two weeks. Because the poll books would be incomplete there is a chance that some mail in voters would also vote at the polls. The only way to rule out, under the scenario envisioned by the elections commission,would be to require the public to wait about three weeks. But even that scenario is wrong bc the paper poll books printer has made clear it is done.

Jeff Fox said...

You and John Brown would not be sympatico in temperament or ideology. The more I learn about JB, my opinion of him precipitously declines. I cannot argue with your characterization of him. I do not see the point in even mentioning him because even by your own admission he is only one percent of this story.

I am concerned about these events and am following the developments with much interest.

Bernie O'Hare said...

3:08, speaking of confusing, you are mixing up provisional ballots with mail-in and absentee ballots. Provisionals are a different animal and are hand counted during the canvass.

Anonymous said...

What appears obvious is that the McClure Administration manipulated the process to get what they want. They could have found a different firm to print books but didn't seriously pursue action because they didn't want to.. They wanted to buy these e-books and created the dire situation. Other counties get printed books and so could Northampton County if it wanted to. Much like the voting machines the McClure/Deringer strategy is to put the county in a situation that only they can solve.

Much like how they manipulated the hire of Cozze, they are handling all of this election stuff. The guy was right and the election Commission hires by law. they should have picked from the applicants not Dertingers fake panel. Dertinger made no sense at the meeting and when called on his bullshit he was sarcastic and condescending.
This administrations downfall will be its obvious manipulation of people and events.

Anonymous said...

My understanding of the term provisional meant it referred to any form of ballot that required to be further checked outside Election Day and would only be counted PROVIDED the cross-reference against records stored elsewhere proved them valid. At the very least, they seem very similar to mail-in ballots, absentee ballots in that they are not automatically counted by the new voting machines at each polling place.

Please further explain what the big difference would be. That would help more than just me.

What I hope the County finds is the best voting process that adds up to the MOST SECURE process. Making voting quicker, easier, and possibly heavier in number of votes is what frightens me. That could well mean the e-poll iPads as proposed by you and others. If there has been any INDEPENDENT analysis by digital forensic people, I’d like to read those.

To prevent election tampering the goal should be to close any open windows to cheating, not create new open windows. YES, I am convinced cheating in the next two elections will be attempted like never before in history.

Anonymous said...

5:59 - I think you make some valid points about the way modern politics works. Notice that in Washington most decisions are made under some real, or contrived, pressure to meet a looming deadline. In other words, they way things are, we really MUST pass this now as written, etc. We have no option.

Peterjcochran said...

If your remember,I advocated for paper voting. . The machines are a cost issue. The Democratic Government wants this stuff that can be costly. Two or three days of vote count is not really a big deal at the end . Costs of machinery is crazy for number of election days . They ar running their washing machine with a pair of socks in it.

Anonymous said...

If many of the counties are not doing what Dertinger claims must be done what is he trying to threaten. he keeps throwing around the Act 77 law, yet what are the penalties. Apparently the other counties are not worried Is the state going to arrest all the counties?

This is another Bs intimidation threat form this Administration. I supported McClure over Brown but sadly he is not very good at government as he is at intimidation. His pock of Dertinger is a real bust. The guy loves himself and his BS.

They have really screwed up the entire election process and must own it. You can deflect and defend but the blame is on them and their sneaky tactics.

Bernie O'Hare said...

5:59 actually, The county did not want epollbooks.

Bernie O'Hare said...

6;22, A provisional ballot is just that - provisional. It is often what voters who insist they are registered will cast. It does not count and will not count unless it is approved during the canvass. Representatives of both parties are present at the canvass and can challenge a provisional.

Mail-ins and absentees are unrelated to provisional ballots. They do not need to be checked and will be counted once the polls close.

Bernie O'Hare said...

"Other counties get printed books and so could Northampton County if it wanted to"

A few counties have in-house printing. Others are in the same boat as NorCo. A few have already called NorCo bc they are all trying to determine what to do. The answer is electronic pollbooks.

Bernie O'Hare said...

"They have really screwed up the entire election process and must own it. You can deflect and defend but the blame is on them and their sneaky tactics."

McClure accepted complete responsibility for the election fiasco in November. It certainly appears that Maude Hornick is doing her best to saddle him with another. The party bosses dislike McClure. GOP Chair Lee Snover dislikes him bc he clobbered Brown and her husband lost his county job. Dem party boss Matt Munsey dislikes McClure bc he's too white and too male. He would prefer a Hindi transgender in the role.

They both would like to see McClure gone, and that's fine, but they both need to stop playing games with our elections. As it stands right now, there will be no primary in NorCo.

McClure is not going to allow party hacks to play any more games with out electoral system.

Anonymous said...

An election insider would respectfully disagree with your assessment. You are repeating the
Dertinger line. It would appear that they did indeed want the ee-poll looks and that was discussed last year. It was suggested that other sources for printed books be fully explored and they were not on purpose.

Cozze is nothing but a mouthpiece for the administration and is not an independent election registrar. You would get more information but people close to the truth are fearful of telling you anything because of your loyalty to the McClure/Dertinger storyline. You have made up your mind. You have this fantasy of some party bosses plot that is just an invention of McClure and his gang to cover for some real gross incompetency and secretive plans.

Bernie O'Hare said...

"What if they paper poll books were printed a month in advance, supplemental lists were printed 7 days before the election when the paper ballot request ends, and then election workers take the supplemental list and mark as "cannot vote - requested paper ballot" next to each name in the pool book for their precinct."

This is what Hornick clamored for at the meeting. Never mind that this means it will take even more time to check in a voter. Never mind that the votes will not be counted for several weeks bc the paper pollbooks will have to be handscanned first to ensure no one double voted.

But assuming that people would have no issue waiting three weeks for a count, Hornick misrepresented the facts. Contrary to what she asserted, there will be no paper pollbook printer.

Bernie O'Hare said...

8:58, I have always been an epollbook advocate and know Dertinger has always opposed them bc I had this conversation with him well over a year AGO. I support the epollbooks bc they will make it easier to check in. This means more people will vote., Dertinger now supports them,. reluctantly, bc he has no choice. Hornick, like her sister, opposes epollbooks. But she misrepresented that we could still get paper pollbooks when we cannot. The EC needs to reconsider this vote, and one of those who voted down the epollbooks should make the motion ASAP.

Bernie O'Hare said...

" You would get more information but people close to the truth are fearful of telling you anything"

Believe me, I know the truth. The truth is that Maude Hornick misrepresented that our paper pollbooks would not be going away when, in fact, they are. Her claim that a LC Deputy trashed the pollbooks has been denied by that very deputy.v Your assessments of Dertinger or McClure are irrelevant to the question whether our paper pollbooks are returning. They are not. No one in the McClure admin misled anyone, but Hornick did. I doubt she intentionally misled anyone, but she just persuaded her colleagues to effectively cancel the primary. Thisneeds to be corrected immediately

Anonymous said...

Bernie - the updated explanation you provide here is much appreciated. Better public knowledge how our OWN voting system works is sorely needed, and you are helping that cause.

It is ABSOLUTELY true, millions upon millions of ineligible voters are listed on voting rolls across this nation. Not every Pennsylvania County has been judicious in keeping their records up to date, either. Particularly, over in Allegheny County, PA. That, and every other reported instance of flawed voting in California, Oregon, Florida, etc. reflects poorly on EVERY County across the land.

Northampton County Officials and citizens are JUSTIFIED in demanding pause and care to do this right.

Anonymous said...

I suspect nefarious intent on the part of the McClure administration. There's simply no other logical explanation for having made such a mess of things. This is being done on purpose.

Anonymous said...

McClure/Dertinger screwed themselves with debacle with election machines he praised. I don't believe it was a human error only. Since humans will continue to have to program it, there will never be trust in them. Thus, the epoll books will never be trusted either.

As for the time, it takes longer to vote on the new machine than it does to sign in.

See if you can crawl a little higher up McClure's a--.

Anonymous said...

Machines can never be nefarious on their own. It’s the HUMANS who manage them we need to worry about. As I’ve written many times, lying, deception, cheating are all on the upswing in America. Morality in decline. Refusal to take personal responsibility is another factor.

The question becomes, “How can we best prevent these human traits from corrupting the way we conduct our voting process?

Anonymous said...

Has MC or ET reported this yet? I haven't seen an article but may have missed it. Apparently some MC reporters are busy cleaning out their desks, but this is an important issue.

Bernie O'Hare said...

The ET has a good report, but is based solely on the meeting and assumes paper poll books will Bei place. They won’t be.

Anonymous said...

Voting machines that are a bust and playing games with pollbooks at the last minute. This is a disaster at the most fundamental level of local government. It is all laid at the feet of the McClure Administration and the flunkies' he hired. Protest all you want, make all the excuses possible but that is the common thread. I doubt he can get elected to anything.

Bernie O'Hare said...

I make no excuses. The simple reality is the Elections Comm'n has effectively prevented an election on April 28. This has nothing to do with McClure or Dertinger, and everything to do with the misinformed members of that Board. I only hope the mistake was well-intentioned.

Unknown said...

How can this County administration argue on long lines, fiscal responsibility and clean elections when it purchased Thee most fallible and expensive voting machines available?! ...Contrary to all the other alternatives and evidence that proved the ridiculousness of the decision.

Anonymous said...

There is something not right about all of this, A former long time county official told me that the County's Home Rule Charter makes the election commission responsible for all election decisions. This administration in its arrogant style apparently broke the law to ensure their political pick was hired as the heed of Elections without any input from the commission per the law. They have also forced their demands on the commission by playing delay games and forcing the commission into a corner.

Now we must see how the County Council handles this mess. The administration has once again shown its incompetence.

Bernie O'Hare said...

"How can this County administration argue on long lines, fiscal responsibility and clean elections when it purchased Thee most fallible and expensive voting machines available?! ...Contrary to all the other alternatives and evidence that proved the ridiculousness of the decision."

Actually, the ExpressVote XL is in my opinion the best system, but even the best system will fail when it is improperly configured, programmed and tested. In other words, it is humans who caused these errors, and they could just have easily caused errors in the other systems. Why wouldn't the county strive to keep lines moving quickly? Are you saying it should not try to be fiscally responsible? Or try to have a clean election? It seems to me that you are unable to discuss facts and are just bashing an administration that is doing its best to provide a good election.

Bernie O'Hare said...

" A former long time county official told me that the County's Home Rule Charter makes the election commission responsible for all election decisions. This administration in its arrogant style apparently broke the law to ensure their political pick was hired as the heed of Elections without any input from the commission per the law. "

You are incorrect. The HRC establishes the Election Comm'n "to administer the system of elections and the registration of voters under applicable law." Section 1007. That applicable law includes the Election Code, which gives the county board the power to hire and fire as well as purchase equipment. Election Code, Article III. But that must be read together with other provisions in the Home Rule Charter in which the County Council is given complete authority over the Budget (HRC, Section II) and in which a career service system is established so that county jobs are awarded to the best qualified persons, and with a preference for internal hires. (HRC, Article VIII).

So the Elections Commission can propose but it is county council who controls the purse. And employees must be hired in strict accordance with the HRC. So the Election Code is trumped by the HRC. The only provision in the Election Code that may not change is a provision insisting on minority representation.

There is no doubt in my mind that the county acted in accordance with the law. I'll agree the provisions in the Election Code create a grey area, but they are trumped by the Charter.

Nobody forced the EC into a corner. The EC was presented with a request and delayed the matter a week. Then the EC said No, and based on a complete misrepresentation of facts. It acted irresponsibly.

Anonymous said...

If they are presented with a demand disguised as a request, what is the difference. Bottom line is either sate law is right or Dertinger is right. By the way the tape is clear that Dertinger lied about how past registrars were hired. He lied and a member of the commission caught him in his lie. Dertinger really flubbed that one. Why do you wonder why people don't trust this administration when they go on like this.

Anonymous said...

Here’s a question the needs an answer.

When was the last time Northampton County conducted a FULL audit of its voter rolls?

I refer to a thorough cleaning outside the limited Election Day period. Someone at the Administration Building should be able to answer. If we still have enough legitimate news reporters left in the Lehigh Valley, will one of you ask that question and put the answer on record? Jurisdictions everywhere across America are being forced to do this very thing.

If Amy Cozze, and certain others can’t provide this information, maybe this needs to be done before the big November Presidential Election.

Anonymous said...

Hire John, the printer, back that did the County's printing. Far more economical.

Anonymous said...

Kuddos to the Election Commission for not bowing down to Dertinger and his mouthpiece, Cozze. See where the election machines got Northampton County - SHAME.

Anonymous said...

The fix is in. The Trumpers are up to their shenanigans.

Anonymous said...

What are the challenges that prevent any printer in the valley from producing these books in 2 months time?

Bernie O'Hare said...

"By the way the tape is clear that Dertinger lied about how past registrars were hired. He lied and a member of the commission caught him in his lie. Dertinger really flubbed that one."

After reading this accusation, I went back and listened to the tape for the third time. After reading the serious accusatuion made at 5:44 am,I went back and listened to the tape for the third time. There was no lie. There was no statement from Dertinger regarding the method used to appoint three previous registrars. He merely asserted that deputies have been chosen to succeed registrars in the past, and that is accurate. When Dee Rumsey was hired as Registrar, it is true that the EC interviewed the three top candidates. It is true that Chris Spadoni, then the EC's Soliocitor, said this is what the HRC required. But Chris was mistaken.

The HRC contains no provisions at all concerning the hiring and firing of employees. I have already referred to Section 1007, which gives this body the authority to act in accordance with applicable law. Those applicable laws are the Election Code and the HRC provisions related to career service (Art. VIII) and County Council (Art. II). Those provisions must be read in pari materia. The nonunion county employees who work in the elections office must be chosen as career service employees. Any decision concerning money must come from Council. So the way Cozze was chosen is in accord with applicable law.

Dertinger was mistaken when he said the EC was unable to meet wherever the hell it wants. So long as a meeting is properly advertised and there are minutes, the EC can meet in any public location, including a library.

Anonymous said...

Sounds crazy, 9:32, but it’s entirely possible STAPLES could hand this! Who knows?

Bernie O'Hare said...

"What are the challenges that prevent any printer in the valley from producing these books in 2 months time?"

It is not within two months. It is within about seven days.

Bernie O'Hare said...

"Sounds crazy, 9:32, but it’s entirely possible STAPLES could hand this! Who knows"

Completely impossible.

Bernie O'Hare said...

"Here’s a question the needs an answer.

When was the last time Northampton County conducted a FULL audit of its voter rolls?"


As I've explained before, voter rolls are purged regularly and in accord with state law.

Anonymous said...

Evidently, vote totals after each election are based upon an audit of a random sample of 2% of ballots cast. Those 2% samples are compared against whatever records are kept year round somewhere in the Election Office. That master list, I presume, could be the pages of a loose leaf notebook, a memory card for each precinct, or both. Thus, all records within a master list need to be audited at some point to keep them up to date.

Anonymous said...

Those who voted for Lamont should pipe dow, wait in lines, and remain silent while we wait days for results that nobody will believe are accurate. Lamont won easily. Northampton County richly deserves him and all the incompetence we knew he'd bring to the job. Elections have consequences. We're experiencing ours.

Anonymous said...

Alternative solutions need to be explored, rapidly. A phone call to NACO (National Assn. of County Officials) and staff that support sub-group of national assn. of election officials ( or whatever group name they go by) to determine if "outside" help could be rendered. Naco should have knowledge of potential printers that could accommodate Norco's time constraints. They may also be able to arrange leasing or rental of another county's epollbooks( not all primaries in the US occur in April and some states do not engage in primaries but have caucuses).
I favor the usage of epollbooks but given the reality that only a small number of PA. Counties use epollbooks , other solutions to them may be available . Patronage in Northampton County has now reached an all time high . Incompetence exists on too many levels. There is no such thing as a singular solution (eg. purchase of epoll devices and software) to this upcoming primary election. Before the citizens of this County are made the topic of laughs on SNL because of a FUBAR primary ........ A positive outcome to the conduct of the Primary must be found. Bernie, county officials may really believe there is only "1" solution. I believe they hold that view thru lack of experience.

Anonymous said...

"It is true that Chris Spadoni, then the EC's Soliocitor, said this is what the HRC required. But Chris was mistaken."

Of course all other counties, lawyers and the current County Council Solicitor are wrong about all of this lection fiasco. However, you, McClure and Dertinger are right. You guys are just too great for Northampton County.

Bernie O'Hare said...

2:36, Chris was quoted as saying the HRC gives the Elections Comm'n complete control over hiring, firing and the purchase of equipment. This is simply incorrect. I have quoted the precise language in the HRC, and it simply does not say what Chris is reported to have said.

Authority for our Home Rule Charter comes from the Home Rule Charter and Optional Plans Law, 53 Pa.C.S. Section 2901 et seq. A home rule government may "exercise any powers and perform any function not denied by the Constitution of Pennsylvania, by statute or by its home rule charter.  All grants of municipal power to municipalities governed by a home rule charter ... shall be liberally construed in favor of the municipality." 53 Pa.C.S. Section 2961

This enabling law imposes a limitation on the "registration of electors and the conduct of elections." Those matters "may not be contrary to or in limitation or enlargement of powers granted by statutes." Id. Section 2962(a)(5). Thus, a Home Rule Charter County is unable to allow same day registration or change election dates. Those relate to the conduct of elections and registration of voters. But they should be distinguished from the purchase of equipment or the hiring of employees, which has nothing to do with the actual conduct of an election.

Northampton County's Home Rule Charter establishes the Elections Commission to "administer the system of elections and the registration of voters under applicable law." HRC, Section 1007. (emphasis added.) That applicable law is both the Election Code and other provisions of the Home Rule Charter. They must be read in pari materia.

The one requirement the Election Code expressly places on a Home Rule Charter County is the appointment of at least one minority party representative on the Elections Comm'n. The Election Code also gives the Elections Commission authority to make purchases and hire and fire employees, but these provisions have nothing to do with the actual conduct of elections or registration of voters. Thus, a Home Rule Charter can perform, these functions under other provisions established by law.

Article XIII of the HRC establishes career service to ensure professionalism in county employment. If the Elections Comm'n were able to hire and fire at its own pleasure, this would create the very kind of cronyism the HRC was intended to AVOID. Thus, the hiring and firing of employees, which is totally unrelated to the conduct of elections, is properly a function of the county's own hiring procedures.

Article II of the HRC gives County Council, and not the Elections Comm'n, authority over the purse strings. The purchase of a voting system is unrelated to the actual conduct of an election, and hence is the province of County Council.

To be sure, there are functions that are the sole province of the Elections Comm'n, such as investigations into voter fraud or the acceptance of returns. But purchases and personnel are beyond the scope of this part-time volunteer body selected by party chairs.

Bernie O'Hare said...

2:20, The people involved in this decision have ample experience. Dertinger was involved in the selection of three different systems. Amy Hess has been involved in the elections process for many years. McClure was a member of Council for 10 years. Of course, alternatives were explored.

It appears to me that the Elections Comm'n and many of those trashing both the XL and epollbooks are doing their best to undermine our most important democratic process, just as the Trump campaign has bashed the Iowa caucus. The goal is to suppress voters.

Anonymous said...

"The people involved in this decision have ample experience."

Which means nothing if you are incompetent.

Anonymous said...

"It appears to me that the Elections Comm'n and many of those trashing both the XL and epollbooks are doing their best to undermine our most important democratic process, just as the Trump campaign has bashed the Iowa caucus. The goal is to suppress voters."

The goal is absolutely not to suppress voters. The criticisms of the imposition of these epollbooks is bipartisan. Who is trying to suppress votes? Both parties? The Democrat on the Commission who is a professor of computer science and is worried about the security risks of using these epollbooks? In my view, any claim of "voter suppression" here is a red herring.

You can legitimately disagree with the concerns of the Elections Commission. But they have raised security concerns, malfunction concerns (understandable after last year, coupled with stories around the country of epollbook crashes), and the fact that the administration has clearly failed to explore the option of using a printer besides NTS. The administration has not responded convincingly to any of these concerns. All the administration has done, essentially, is repeatedly say "trust us, we have no choice but to buy these epollbooks." That is not a convincing or comforting argument in support of them. Let the administration make a convincing case that these things will not be hacked or malfunction, that the administration has legitimately explored the other options, and that this is truly the best way forward for the county. The fact that the administration has made no such case is not the fault of the Elections Commission. If the Election Commission is entitled to no more than a "trust me" from the administration before voting, what is the purpose of having such a commission at all?

Bernie O'Hare said...

Don't play cute with me. The two Rs clearly are attempting to suppress the vote and undermine public confidence. And it's no secret that Dem party boss Matt Munsey thinks McClure is too white and too male to be Exec and is trying to embarrass him. Why else would he be calling other counties asking about epollbooks, and claim to be doing so on behalf of the elections commission?

Bernie O'Hare said...

" coupled with stories around the country of epollbook crashes)"

Complete nonsense. Epollbooks have been in use for years in the vast majority of jurisdictions. A link to the first page of a google search for electronic poll books reveals you are full of shit. Aside from Dallas, there have been no complaints. And in Dallas, they were connected to wifi. Not the case here.
https://www.google.com/search?q=electronic+poll+books&rlz=1C1GCEA_enUS880US880&source=lnms&tbm=nws&sa=X&ved=2ahUKEwiCt5SWjrnnAhVHmXIEHWY8DwEQ_AUoAXoECA4QAw&biw=1366&bih=657

Bernie O'Hare said...

"that the administration has clearly failed to explore the option of using a printer besides NTS."

This is bullshit, too. The county did not want to buy epollbooks. If it found a reputable printer, it would use it. But that did not happen. The county explained this, too.

Bernie O'Hare said...

"what is the purpose of having such a commission at all?"

After a thorough reading of the law, I don't think you serve any purpose at all when it comes to hiring or purchases. You should not be consulted on these matters.

Anonymous said...

anon 4:23 makes a great deal of sense. You deride the comments because they go against your opinion and the BS being fed by master bullshiter Dertinger. What proof do we have of them going to other printers? Their word, BS. Where are all the letters from them. McClure wanted these ebooks just like he wanted Cozze in that job so he control things, and you were lied to by Detinger. your pride cannot accept that. The[points made by the earlier poster were both insightful and cogent.

You are becoming nothing but a breathless cheerleader and angry as well.