If you vote in Northampton County, you have a number of ways to vote. You can vote in person at your polling place on election day. You can stop at the courthouse for early voting between now and October 23. You can also apply for a no-excuse mail-in ballot (MIB). If you're worried about making sure it gets to the elections office on time, you can drop it off at one of four drop-box locations established by the county and used in the previous two elections cycles. These locations correspond to county council districts. Drop-off boxes have proven to be controversial. A change in the hours at one of these locations has added fuel to the fire.
The drop-off box at the 911 Center is now going to be open 24/7, instead of during regular business hours. This decision was made by a county administration whose Executive is seeking re-election. This may contravene the Home Rule Charter, which specifically states that the Elections Commission, and not the Executive, "shall administer the system of elections."
Last week, Northampton County Council member John Cusick was the first to question what's going on. He was told by Administrator Charles Dertinger that these are administrative decisions. Dertinger explained that, since the 911 Center is open 24/7 anyway, people are being allowed to drop off ballots there. The change just conforms to reality, he added. Actually, in past elections, the drop-off box at 911 was limited to regular hours.
Is the 24/7 decision a mistake? That was the concern of nine voters at yesterday's meeting of the Northampton County's Elections Commission.. I had surmised that, after Cusick raised the issue, they would at least be asked to give their stamp of approval to this change. But no such request was made. In fact, the Elections Commission was there only to listen to Solicitor Rich Santee and Registrar Amy Cozze. The only votes they were allowed to take were to approve the minutes and adjourn.
Many of these voters who spoke brayed away about nonexistent election fraud, but a broken clock can still be right twice a day. They raised legitimate questions concerning the need for and security at a 24/7 drop box.
"How many ballots do you anticipate at 1 or 2 in the morning?" asked Linda Cole (sp?). She also said that voters should be able to see the surveillance videos. The County has refused to release videos from the courthouse drop-off box. It's unclear whether surveillance videos from other locations have been made available.
Review of these video would determine whether one voter, who claimed she personally witnessed voters bring in bags of ballots, is accurate.
Concerns were also raised about who monitors drop-off boxes. Elections Commissioner Frank DeVito was told that is within the purview of the county administration. That's nice, but it fails to answer the question. Is anyone really monitoring?
Solicitor Rich Santee assured the audience that drop-off boxes are specifically authorized by Act 77 of the Elections Code, though he acknowledged they are called "satellite offices" in the enabling legislation. He added their use was approved by the Pennsylvania Supreme Court and a federal district court.
DeVito shared the concerns of the largely Republican audience. He noted that, before the primary, an attempt to limit drop-boxes to one location failed in a 3-2 vote. He stated the benefit of a 24/7 drop-off box is minimal when compared to the suspicions raised.
"I think we've come pretty far in making the vote easy," said DeVito. "I think the concerns in the community are more towards security than making the vote easier. ... The appearance of corruption is just as important as corruption itself."
Lamont McClure ran on eliminating county corruption, by the way.
DeVito then moved to recommend that the 911 Center drop-off box be limited to regular hours. He was stopped by Solicitor Rich Santee, who incidentally is an administrative appointee.
Santee advised that the Elections Commission was powerless to make this recommendation because it first needed to be on the agenda. That's nonsense. Santee himself told these Comm'rs they can only make recommendations. If that is so, a toothless recommendation is no "official action" and hence there could have been a vote without violating the Sunshine Act. Moreover, they could ratify their actions at a later meeting.
If the County had any sense, it would drop the 24/7 designation at 911, and explain in detail what surveillance efforts are made at drop-off boxes. Unfortunately, administrative hubris is creating an issue where there need be none.
What's going in here exposes yet another shortcoming in our Home Rule Charter. Clearly, the Exec and Council should decide on what voting systems are used since they foot the bill. They also should hire the elections office employees who participate in the pension plan and participate in county benefits. They control the purse strings. But it should be the Elections Comm'n, and not the Executive, who administers the actual election. That's what both the Charter and Elections Code say. They may have no say in the selection of epollbooks, but should have jurisdiction over any decisions about drop boxes or their hours. That's why it is the Elections Comm'n, and not the Exec, who certifies an elections. If it were merely a toothless recommending body, t would have no such power. Nor would it be able to decide disputed ballots, as it did in the Presidential.
Elections Comm'n Does Have Authority Over Conduct of Elections:
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 (together).
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 County can perform, these functions under other provisions established by law. .
Article XIII of the HRC establishes a 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, acceptance of returns and drop boxes. Purchases and personnel are beyond the scope of this part-time volunteer body selected by party chairs. But the actual conduct of an election is their province, not that of an Exec seeking re-election.
Updated 9:01 am: In an earlier version of this story, I attributed the concerns raised by Frank DeVito to Dr. Alan Brau. I apologize to both for my error. It is sometimes difficult to distinguish speakers when I watch a meeting on YouTube.
51 comments:
This is BULLSHIT. The Elections Commission, not the Administration is the agency that hires their personnel. Read the election law. If Donald Trump is looking for a way to overthrow the Pennsylvania elections he needs only to come to Northampton County. This administration violated the election laws in the past and this "so called solicitor" is wrong. He is doing the bidding of the administration in violation of Pennsylvania election laws. It doesn't matter what you personally think is right, the law is the law is the law. The solicitor is wrong. The administration could make their attorney available to the elections commission and the election code states that fact, however, the elections commission, if they so desire, can hire their own legal beagle and the county would have to pay them. It is so stated in the election code.
I will correct my statement above about the solicitor. The code states the county should make their solicitor available to the elections commission to render advice. It appears to be silent on hiring outside legal counsel.
The code emphatically states the elections commission hires the employees of the election division and like it or not, they also buy the machines.
This is nothing new. Nothing, nothing happens or is anyone "hired' without the say so of McClure. Was Council asked about this, of ours not. McClure and Deringer have pushed the hubris of Executive or Administrative priviledge to the breaking point. They do what the Hell they want when they want. You claim council votes on equipment. The only information this council gets is what is approved by McClure. The Council President is said to be just a McClure puppet that gets her orders before every meeting. Does Council ever question anything or is it just Mr. Cusick?
Deringer is well known as the most arrogant Director in a long time and their have been a few. The problem is the public and even county council are meant as no more than a chorus for this administration. Atty Santee like Ms.Cozze were hand picked to do the bidding of the Adminntrations not the election commission. The chair of the commission should seek redress through the courts.. This is not surprising to anyone who have been in the courthouse for four years but it is still shameful behavior. You love this crew but without any real media coverage they play fast and loose. Lawyer McClure has no checks or balances.
Bernie you have Called for a Home Rule Charter Review. This Administration proves it is necessary. What is the next step?
As usual, you are right. The law is quite clear about who is responsible for the conduct of elections and it is not the administration. It is also clear about Counties with Home Rule Charters. Someone ought to take the time to read those laws. Northampton County is in violation of the act.
I've used the 911 drop box twice. Each time I brought multiple ballots for friends and family. The ballots were legit from legit voters whom I know. But nobody is watching. Let's stop pretending about serious stuff. Real world, people. Real world.
I disagree on the EC hiring its own personnel for the reasons I list in my post. Personnel and resources are properly in the province of the county administration. The expense of a drop box is also something within the province of an Exec. The law is pretty clear, however, that the Elections Commission has authority over the actual conduct of an election so long as it is consistent with actual state law. It is actually the admin who should recommend or not recommend drop boxes and the Elections Commission who should decide on their use and hours.
As a practical matter, there is no need for a 24/7 drop box anywhere within the county. A significant percentage of Republicans and even some Democrats believe the elections system is rigged. The best way to encourage that thinking is with a unilateral change like this from an incumbent seeking re-election.
Well said, Bernie!
"I've used the 911 drop box twice. Each time I brought multiple ballots for friends and family. The ballots were legit from legit voters whom I know. But nobody is watching. Let's stop pretending about serious stuff. Real world, people. Real world."
This is known as ballot harvesting and is illegal. The danger here is not you or a husband bringing in a ballot for his wife. The danger comes from party operatives who will collect ballots and bring them to a dropbox. Yes, there are surveillance cameras but it is difficult to stop a harvester after he has already deposited numerous ballots. Moreover, approaching a voter on his way to the drop box could be done in an intimidating way. The best way to prevent ballot harvesting is by having an elections office rep at each drop box while it is open to ensure voters drop no more than one ballot. In other words, the drop box really should be a satellite office, to use the terminology in Act 77.
If the county is too cheap to man a drop box, it should drop the idea. There is no way a 911 dispatcher is going to monitor who is using a drop box at 2 am or even 2 pm. The same is true of deputy sheriffs.
"Bernie you have Called for a Home Rule Charter Review. This Administration proves it is necessary. What is the next step?"
A true review would require the election of a home rule study commission, which would meet and recommend changes for the voters. I personally think the current Exec and Council system works well and prevents the little fiefdoms that previously existed. But many changes are needed. The EC is one area that needs serious review. I personally think there needs to be changes in the way Commissioners are appointed and their limited powers need to be spelled out more clearly. The Exec and Council should have no say in the actual conduct of an election. If they were interested in preventing the wrong impression, they would want this.
The 24/7 drop box is pure Exec over-reach,
The Exec branch has grown too strong on a local, state and national level. No one person should wield so much power.
"This is known as ballot harvesting and is illegal. The danger here is not you or a husband bringing in a ballot for his wife. The danger comes from party operatives who will collect ballots and bring them to a dropbox."
I agree. This was exactly my point. Some view what I've done as a typical harmless example. It's really not. I had zero nefarious intent and was easily able to drop several ballots. It reminds of how harmless crop-duster plane flying lessons were considered before 9/11. I agree we should tighten this stuff up, or drop the process altogether. This is a terrible look for McClure and he should be thwarted.
There is no doubt at all. Election Rules were taken very lightly during the past election, Rules interpretations were bent both locally and all across this nation. The voting process is untrustworthy right now, and it’s not just a few kooks who feel that way.
7:20, As someone who sat in on the meetings and was an election judge, I can assure you the rules were taken quite seriously and the law was followed. There were a lot of sour grapes from Trump supporters, but zero evidence of fraud or rigging. They attempted to object to nearly every Democratic ballot they could.
Having said that, a 24/7 drop box just encourages suspicion and should be dropped. Moreover, no Exec should have a say in an election in which he (and his wife) are candidates. That does present the appearance of corruption.
I know McClure is very honest and wants to avoid even the appearance of impropriety. This drop box decision creates the opposite impression.
Was the state legislature involved in any PA voting rule changes? Just asking
A violation of the election laws regardless of how small it is, is a major concern and should not be tolerated. What I don't understand is how a county lawyer can sell his soul for a few measly dineros.
I agree that 24/7 drop box is unneeded for multiple reasons. Notably cost over minimal benefit.
That said, everyone please stop with the fraud/cheating angle. No matter how wild your imagination is, and how convinced you are that your candidate should have won, the ability for ANYONE to organize, fund, coordinate and execute large scale election fraud that actually influences the outcome without getting caught is next to impossible.
If it makes you feel better to say "You Cheated!" at the end of every game you've lost that's a you problem.
@7:20 - you are correct - its a lot of kooks who feel that way. But they're all still kooks - and we as a society should do what we always do with kooks, ignore them.
Your serious, this is important, availability of drop boxes come on already you silly Trumpsters the law was passed by Republicans before republicans laughed at COVID and they didn't see mail ins as a disadvantage for them until it was too late
8:33, 8:35 & 8:37, I had concerns about ballot harvesting when Republicans passed this law, and I continue to have these reservations. An unmonitored drop box enables party officials to collect and deposit multiple ballots. And these drop boxes may have a camera trained on them, but should be manned by an elections official.
Yes, some of the speakers were kooks with an agenda. But kooks can be correct.
You all seem to be ignoring the larger question. That is whether the Elections Commission has authority over the conduct of elections. The Home Rule Charter and Elections Code make clear that it does, not an Exec seeking re-election.
8:33 - First of all, our elections are not a ‘game.’. Even if the election was perfectly valid in Bernie’s tiny little corner of the world, there were far too many inconsistencies found all across the nation. It is NOT possible to hide state and national reports from the public. No matter how hard some of our news outlets try. We are ALL tainted by the misdeeds of others, whether in Philadelphia, Atlanta, Maricopa County, etc. I am not all surprised by the latest lack of trust in government.
Someone asked me if I am saying the EC could have made a recommendation without violating the Sunshine Act as recently amended. For some reason I do not see that question now, but what I am saying that if the EC is as toothless as Santee seems to think, it can make recommendations without violating the Open Meetings Law bc they are not official action.
Election manipulation and outright fraud is now the rule in most of this country. The establishment of rules, regulations, and laws regarding elections is totally controlled by those very people who run cycle after cycle to remain in power. Democrats are not the problem. Republicans are not the problem. The elite in corporations, education, and legal professions are the problem. Finally, the middle of America is awakening, and 2022 is gonna be awesome.
" What I don't understand is how a county lawyer can sell his soul for a few measly dineros."
He's not doping that. Santee is a very good lawyer, but I have these criticisms:
(1) he does not and should stop running meetings. He is a lawyer, not the EC Chair.
(2) he clearly fears the public and does his best to limit them, which is the wrong attitude for any public official.
(3) If he thinks the EC is a paper tiger, the Sunshine Act has no application. He cannot have it both ways.
Lynch and his 20 strong men can guard the 24 hour drop box. Problem solved!
BOH@9:45 Looks like that comment you referenced accidentally got posted to thread on Open Space in North. County.
Well, well, well...Dertinger overreaches with regard to the Election Commission. He's done it before. The Home Rule Charter is clear on separation of responsibilities on this. Dertinger refuses to see the EC as anything but his toy to play with. 24/7 should NOT be allowed. It does indeed invite if not the practice, then the perception of cheating. Is the County really going to man those monitors of the drop box at the 911 Center 24/7?
"BOH@9:45 Looks like that comment you referenced accidentally got posted to thread on Open Space in North. County."
Ok,lol. I thought I accidentally deleted it, which I sometimes do.
no need for a 24x7 drop box? spoken like people who have never done shift work...
"The Home Rule Charter is clear on separation of responsibilities on this. Dertinger refuses to see the EC as anything but his toy to play with. 24/7 should NOT be allowed. It does indeed invite if not the practice, then the perception of cheating. Is the County really going to man those monitors of the drop box at the 911 Center 24/7?"
The HRC is far from clear. That is the problem. The 911 Center will have video surveillance, but I seriously doubt any 911 dispatcher will be watching.
Can we discuss the bigger issue? Why are we still doing drop boxes? Why are we doing no excuse mail in ballots? Oh, thats right, because it leaves the door wide open for fraud and some people like that. Our elections should be sacrament and there should be only 1 way to get a MIB, approved absentee ballot.
Our elections are as secure as the honor system and that is inexcusable.
You worry about fiefdom's, That is not the worry. The worry is a Kingdom by a county executive. Dump the executive and hire a professional manager.
Anonymous said...
Can we discuss the bigger issue? Why are we still doing drop boxes? Why are we doing no excuse mail in ballots? Oh, thats right, because it leaves the door wide open for fraud and some people like that. Our elections should be sacrament and there should be only 1 way to get a MIB, approved absentee ballot.
Our elections are as secure as the honor system and that is inexcusable.
September 21, 2021 at 2:04 PM
***** Because you idiot Republicans made it a LAW *****
2:04 - As I am sure you’ve noticed, The ‘Honor System,’ once an American trademark of quality, is just about gone away in America. Lying, Cheating, refusing to rake responsibility for one’s own failure, etc. is quite common and natural for some. Just look at our news media, our politicians, our government agencies with 3-letter names. All this decline in morality sliding away for decades. I see no improvement for at least another generation. By then, I’ll be gone from this Earth.
2:04 Because the REPUBLICAN legislature wanted it, until they saw that they lost the presidency. Oops gotta claim fraud now and fix it so as not to make it easier to vote.
drop boxes the democratic savior
"no need for a 24x7 drop box? spoken like people who have never done shift work..."
There's always the mailbox. There really is no need for any drop boxes. There was in the presidential bc the USPS was having issues and mail was delayed. Those problems are much better now that Trump is gone.
There especially is no need for a 24/7 drop box. Perhaps a few late hours but I question anyone who wants to drop off a ballot at 2 am.
I am not going to publish a comment in which the writer wants to make a point by "making things up." We've had enough of that already.
"You worry about fiefdom's, That is not the worry. The worry is a Kingdom by a county executive. Dump the executive and hire a professional manager."
Actually, you should worry about the old system. The problem with the old system is precisely a bunch of petty little fiefdoms in which incompetent party hacks hire their cousins and nephews. I'm old enough to have witnessed the tail end of it. Now you think hiring a professional manager will solve things. That's one of many options to consider, but I'd oppose it. I have seen numerous townships and boroughs with a professional manager and an elected council or commission. With rare exceptions like Hanover Tp, the problem is that the appointed township or borough manager is responsive to the council or commission instead of to the people. I prefer an elected Exec who is responsive to the people instead of some Council.
Freedom doesn't come without sacrifice. We can all find a way to vote without 24/7 drop box without monitoring.
And I would guess if McClure is so honest as you say this will be addressed and no more unmanned 24/7 drop boxes. Guess we will see.
How about unless you are in the service actively serving or sitting in a hospital bed you show up on election day and vote!
"Can we discuss the bigger issue? Why are we still doing drop boxes? Why are we doing no excuse mail in ballots? "
The issue I discuss in this post is the authority of the Elections Comm'n. To me, that is the bigger issue in the context of what happened yesterday. I agree drop boxes are unnecessary unless there's a mail slow down as there was in the Presidential. I disagree completely about no-excuse MIBs. Those have increased voter turnout and have made our government more small "d" democratic. It's unfortunate that Rs have shied away from this valuable way to vote. That only happened bc Trump complained. Before that, Rs were using no-excuse MIBs in other jurisdictions as much as Democrats. I do believe Rs are taking advantage of early voting.
"Home Rule Charter, which specifically states that the Elections Commission, and not the Executive, "shall administer the system of elections."
This, above should be your entire article. The HRC, qhile flawed, and rarely followed by those in charge is the standard. I don't see the need for you to go any further in an attempt to sparke a debate. It is very clear in the HRC.
10:34, Read the sentence in its entirety instead of biting off a part. That's how you get in trouble. The EC shall "administer the system of elections and the registration of voters under applicable law." HRC, Section 1007. The words "under applicable law" create the grey area. It is nonsensical to suggest they could decide to spend millions on a voting system or hire their cousins and nephews. But they should have jurisdiction over the actual conduct of an election.
"I prefer an elected Exec who is responsive to the people instead of some Council."
I have read the responses with interest as I am familiar with many of the players over the years. I agree with you to a point but then have a different take. It is not "some" council it is a duly elected county council that is responsive to the people. I think when the Charter was first written they fashioned it after a city or state government. The good thing it gets rid of all the elected fiefdoms but doesn't eliminate all the problems and in fact has shown some new ones.
Yes a career service system is put in place but over the years it is clear that each successive administrations have been able to hire anybody they choose, as they oversee the system.. Even today you can find all kinds of political and family ties in county government. Employees are not stupid and know if you say the wrong thing or cross the wrong person you can be fired and they will supply a reason. The county is not a city or a state. Cities in this area are compact and information is known by all in government. The state legislature has a staff that rivals the executive branch. It has a part-time little staff office. It is tasked with being a check and balance eon an executive branch that over the years has expanded to control all sources of information. The executive staff is totally dependent on the executive for their jobs. They will not say a word to anyone not authorize by their boss. More and more over the years they have claimed executive privilege over everything. The legislature has public meetings and the sunshine laws. The executive branch can meet with any of their people in private and talk about what they want in complete privacy. Now there is no press anymore to probe.
the executive campaigns raising more and more money every year. people know if they want something that is the place to go The executive hands out all the county goodies and makes all the public appearances and has their name on all the county parks, etc. So I think you will find that many people in the courthouse thinks it may have been a good idea by good people at one time but it is now flawed. As long as the executive can get reelected he or she can stay as long as they like and now have the ability to make it happen. Ultimately you trust the rule of one over the rule of many. At least with an elected group things are debated and not just one person makes all the decisions and controls all the information.
It is broken. That is just the way it is. Sorry but some people inside the walls over the years have traded stories and they are not great.
The molestation of NC drop boxes will be a nightly accorance by under cover agents.
Drop the nonsense,. You are as kooky as Rudy Giuliani and should know the 24/7 drop box has been dropped.
How long will it take the crazies to get crazier when they realize a blue mailbox is a 24/7 drop box without 24/7 cameras with mail handled by any number of people? USPS should just place a mailbox at the 911 center and not tell anyone it is a 24/7 drop box.
I want explained to me how 24/7 drop boxes and mail in ballots can result in massive fraud that can't be easily discovered and proven.
Through the process of ballot harvesting, in which one person dumps a large number of ballots he collected from people he or she can lean on. It cannot be easily discovered or proved bc it would be illegal for a third party to approach a person exercising his franchise and it would thereafter be impossible to segregate the harvested ballots from regular ballots. A candidate for state rep can get a large number of people she knows to apply for a MIB, then "help" them fill it out and collect them and take them to a drop box or mailbox. The dropbox is preferable bc you know the ballot will be collected and go directly to the elections office. In my view, there should be an elections office rep stationed at each drop box when it is open to collect the ballot. Nobody can afford that. Nor does anyone really monitor a dropbox.
Exactly 10:40 -
How is a drop box any different from a mailbox? It's not. And no one is calling for all mailboxes to be under video surveillance or monitored by an election worker. If someone wants to return more than one ballot, they can just go to the corner and put them in the mail. Eliminating drop boxes or reducing the hours does absolutely nothing, please stop being so outraged over nothing, it is absurd.
We should; be much more worried about the redistricting and Gerrymandering then the drop box problems. Politician's can screw with things for their own personal gain at their pleasure.
On another note if someone does anything at drop box other then drop their ballot such as trying to steel ballots, or destroy the ballot box they should be declared a domestics terrorist and be whisked off to Gitmo for years until their brains can be reprogrammed. IF a politician is caught doping anything illegal associated with balloting no matter how minor they should be declared a domestic terrorist with a further intend to overthrow the government and be whisked away to GITMO for the remainder of their life as well as forfeiting all assests associated with them like a drug lord would happen.
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