Zrinski Apologizes Over Cancellation of Elections Comm'n Meeting

On Wednesday, I told you that the NorCo Elections Comm'n was forced to postpone a meeting that was scheduled to take place that day because no agenda had been posted on the county webpage 24 hours in advance, which violates the Sunshine Act. 

At last night's meeting of NorCo Council, Executive Tara Zrinski acknowledged and apologized for this oversight. "[Elections Registrar] Chris Commini neglected to post the agenda as per the Sunshine Law prior to going to his conference. He neither delegated nor completed the task, but has taken full responsibility for the need to postpone the meeting. The administration apologizes for not seeing this error in enough time to remedy it."

NorCo's Elections Results Now Official

Northampton County's Elections Commission met yesterday at 3 pm to certify the county's primary election results. The meeting was conducted in the public eye, but there is no video. The conduct of elections is one of the county's most important core functions. The county has failed to record several meetings of the elections commission. Given the importance of elections and the need to be as open with the public as is possible, an elections commission meeting should  be recorded. If there is a conflict with another group over Council chambers, where meetings are recorded, the Elections Commission should have priority.

I could have attended yesterday's meeting and reported to you. I assumed incorrectly that this would get at least as much attention as the General Purpose Authority.  

O'Donnell Should Have Claimed Dog Ate Finance Report

Tom O'Donnell

Yesterday, I told you NorCo Council candidate and supposed numbers cruncher Tom O'Donnell has completely failed to file his pre-election campaign finance report. This is required by state law, and enables the public to determine how he is funding his campaign, how much he is spending and where the money goes. Designed to promote transparency in government, it's a "Show me the money!" law.

In response to a written complaint, I received this very prompt response yesterday from the County elections office.

In response to this matter I just spoke to Tom O’Donnell. I informed him that the Elections Office has received a complaint in writing in regards to him not following finance laws and spending over $250.00 Dollars on his campaign. He stated that his treasure George Treisner has filed all the appropriate paper work to the state. I then informed him that he is not a state candidate therefore it should not be filed with the state; he is a local candidate who must file on a local level. I also told him that he is going to have to file the finance reports to our office and also if he has a committee he must legally form that committee by filling out the Political Committee Registration Statement. He asked me to mail the papers to him and said that George Treisner is out of town and when he comes back, this will be taken care of.

O'Donnell should have told the elections office that the dog ate his campaign finance report.  The explanation would have made more sense. I also find it interesting that O'Donnell claims that George Treisner is his treasurer.

You see, Treisner also happens to be the Chairman of Northampton County's Elections Commission.

Can you say conflict of interest?

Treisner

Despite O'Donnell's claim that Treisner was out of town yesterday, I tracked him down. O'Donnell apparently is unaware of this new invention called the cell phone.

Treisner is a numbers cruncher, too. He's a financial advisor, and apparently knows all about money. Treisner told me he filed O'Donell's report with the state.

"I filed it online," he explained, telling me that O'Donnell has no committee and is filing only as a candidate. If that is so, then why the hell does he need a treasurer?

I told Treisner I've been unable to find O'Donnell's report online, and was unable to find any committee filed with the state.

"Keep looking," he told me, and hung up.

I did. I called the state, and asked them to look. There is no committee registered under O'Donnell's name. There is no online report. In fact, I was told that it would be impossible for O'Donnell to file online because he would need a state identification number, and they would only give that to him if he were a state candidate.

So Treisner, Chairman of the Elections Commission, flat out lied to me.

No wonder he hung up.

After my call to Treisner, O'Donnell called the elections office to pick up the paperwork he needs to file the report required by law.

O'Donnell tells everyone he's a certified fraud examiner. He should examine himself. And Treisner, who flat out lied about something as important as a campaign finance report, needs to resign from the Elections Commission.

Northampton County's Apolitical Election Commission?

It's difficult to find a more partisan member of Northampton County Council than Charles Dertinger. He's a local area party chair. He and his wife, Maria, are also members of the state committee. He has strong union roots as a third generation IBEW Local 3 member. He has flatly told Republicans proposed for positions in the Stoffa administration he would vote against them simply because they belong to the wrong party.

So it's hard to take Dertinger seriously when he claims the Stoffa administration is too involved in what The Express Times calls the "apolitical election commission."

But is the election commission really all that apolitical? According to the Northampton County Home Rule Charter, here's how its five members are selected.

The Election Commission shall be comprised of five (5) members. No more than three (3) members shall be registered voters of the same political party. The County Executive shall notify the two (2) political parties receiving the greatest number of votes at the most recent general election in the County of all vacancies on the Election Commission and shall request them to submit a list of five (5) nominees for appointment to the Election Commission. None of these nominees shall hold public office or be an officer in a political party. Members shall be appointed from these lists. If a list of nominees is not submitted within thirty (30) days after the date of request, appointments to the Election Commission may be made from the entire list of registered voters of the political party which did not submit the nominations. Any three (3) members shall constitute a quorum and shall have the power to perform the functions assigned to the Election Commission.

It's impossible to suggest this is some nonpartisan body when three of its five members are essentially chosen by the majority party boss.

That's a problem. One recommendation by last year's citizens' advisory panel was to enlarge the election commission to "include third-party representatives as well as independent voters." That's the last thing Dertinger wants. He wants to make sure that the election commission, run by Democrats, installs a registrar acceptable to local Dems.

Norco Elections Commission Recommenrds Sequoia 4 to 0

Dottie Niklos likes the Sequoia Advantage D-10. So does Northampton County's Election Commission, which just voted four to zero to recommend that system tonight. Although decertified in Colorado, most of New Jersey and Montgomery County are customers.
Update: The Express Times' Sarah Cassi has the details here. Commission chair Ken Kraft notes that the Sequoia system offers protections against hacking because the machines are not linked.
Update #2: The Express Times' story I mention in my first update was not actually written by Sarah Cassi. It was Mike Fleck.
Update #3: OK, OK. It's Kurt Bresswein who penned that tale.

We're ALL Responsible For Tonight's Voting Machine Selection

"Memo to County leadership: Don't screw it up this time!"

That's one anonymous comment to yesterday's post about five different voting systems being considered by Northampton County. You'll notice no vendor is recommended. This person just wants someone to blame if things go wrong.

"I'm not selecting the voting machine."

That's how one Northampton County Council member responded when I mentioned different voting machine possibilities yesterday. Like that anonymous commenter, this council member is more interested in ducking responsibility. "The elections commission will decide."

Council members view the elections commission as a convenient escape hatch. If the system chosen is a disaster, they can point their fingers. But under our home rule charter, that appointed body exists to "administer the system of elections and the registration of voters under applicable law." According to the courts, its function is purely ministerial. It sets no policy. That's council's job. Council exercises the county's residual powers.

On Tuesday, as the county's newly appointed elections commission reviewed different possibilities, I was encouraged by the many citizens - like Dottie Niklos and Walter Garvin - who were there. At least four members of county council sat in on the session. I was discouraged when elections commission member Joan Rosenthal dismissed, as inappropriate, concerns about different vendors voiced by Lilly Gioia, herself a former elections commission member.

What could be more appropriate than that?

But let's get something straight. The decision will be made tonight. An unelected elections commission, which is meeting as I write this blog, will merely be making a recommendation. Tonight, when county council makes a decision, it will be our decision. And we all have the right to address them with our own opinions and concerns. Some like the Sequoia selection because it is difficult to hack, can be retrofitted for a paper trail, and looks amazingly like our lever machines. I've opted for the sole optical scanner under consideration, which will give us a paper trail and a check on the count displayed by the scanner.

Whether we get it right or not, this is our collective responsibility.

Thanks to Bossman Long, Rosenthal Reappointed to Norco Elections Commission

As most of you know, I'm incredibly handsome. It's a curse, really. Women constantly call, email and knock at my door. I've ruined countless marriages without even trying. Cosmetic surgery to enlarge my nose has backfired - women just think I'm well endowed in other areas.

Unfortunately, it doesn't stop there. I'm also a genius. I listen to classical music, attend foreign movies, wear glasses, drink espresso, read books and do all kinds of shit like that. Need I say more?

Earlier this week, in one of my more brilliant posts, I told you Northampton County Executive John Stoffa should withdraw Joan Rosenthal's reappointment to the elections commission. He was sailing into deep and turbulent waters.

Stoffa is not nearly so pretty or smart as I (note I said "I," not "me"). I decided to help. I emailed my post to his office, but that damn Mailer Daemon kept hurling it back at me. So I printed a copy and ran it up to his office. His secretary, who appears to be immune to my many charms, scheduled me for an appointment on February 31. Because I'm so damn smart, I knew February 31 would be too late. I took another copy of my essay and slapped it on Stoffa's windshield. The damn thing kept blowing off, so I decided to twist the wiper around it. And when it started raining, I smashed one of his smaller windows to keep it nice and dry.

A good government type, Stoffa would appreciate this.

Then, amazingly, I saw John in a hallway yesterday. Man, was he wet! He even had icicles all around his Rudolph red nose. The moment he saw me, he started running, presumably trying to impress me with his wellness program. I took the elevator and beat him to his office.

"John, did you have a chance to look over my Rosenthal post?"

Stoffa: "Where's the frickin' deputies? I'll give them whatever they want! They can take their damn cars home ... "

"John, I'm not here about that."

At that point, former Director of Administration Jim Hickey bolted out of Stoffa's office in a batman suit, and threw me off the courthouse roof. The snow and ice broke my fall. So unfortunately, Stoffa never did get my message.

And things weren't looking good for Rosenthal. She probably could have counted on Council Prez Wayne Grube, but he was uncharacteristically MIA. He never misses meetings, and I hope his health is OK.

Because Grube was absent, Dems only needed four votes to kill the nomination. And they have four votes. But when the dust had settled, Rosenthal was reappointed. Democrat Ann Mchale voted for her.

For that, Rosenthal can thank Dem Bossman Joe Long. He apparently took it upon himself to try and strongarm the imperious Ann McHale earlier this week. McHale is not the kind of person you push around - she's the kind of person who pushes you around. Bad move, Joe. You're obviously no genius.

Once council had reappointed Ms. Rosenthal, this elegant lady stood and thanked them. But the person she should really send a Christmas card to is Dem chair Joe Long. I'd be happy to deliver it myself.

Update: The Express Times has a brief, but accurate, account of Rosenthal's reappointment.

Stoffa Should Make a Clean Sweep of the Elections Commission

"It's what I anticipated. Frankly I wouldn't have submitted her name if I didn't think she would be qualified to serve."

That's how Northampton County Executive John Stoffa reacted upon hearing there is no conflict in Joan Rosenthal simultaneously serving on both the Northampton County Elections Commission and Hanover Township Zoning Hearing Board. The Express Times' Sarah Cassi told us that yesterday.

Northampton County's Home Rule Charter does prohibit public office holders from sitting on the elections commission. But Council Solicitor Zito says there is no conflict between the two offices. And that's no surprise. He has previously interpreted the Charter's prohibition on holding dual offices as unconstitutional, and is undoubtedly right.

His opinion is a green light for Ms. Rosenthal, an exceptionally qualified and well-spoken elections commissioner. But so were at least four other elections commission members. Stoffa brushed them aside in what was supposed to be a clean sweep of the elections commission.

Now it's a clean sweep of everyone but Rosenthal. Why? Council member Charles Dertinger is clearly uncomfortable with her. At last week's council meeting, he claimed to have a "series of objections." Chief among these is his belief that she is unfair. This is probably based on her participation in last year's review of the elections office, characterized by Dertinger and others as a "witch hunt."

Dertinger, who attended only a portion of one of these sessions, is mistaken. Ms. Rosenthal was highly critical of some aspects of that office, but was equally complimentary in many other respects. Dertinger missed that, but there's no point in arguing that with him now. The best way to persuade both sides that you really, really, really want to be fair is by replacing every stinkin' commission member. Dertinger can probably persuade McClure and Neiper to go along with a "No" vote. And if this is perceived as a Democrat-Republican battle, Stoffa will lose. And for what?

Stoffa will be better off if he follows his initial instincts and cleans house. That will remove any lingering doubts, justified or not, from either side.

After all, Stoffa needs a willing council a hell of a lot more than he needs Ms. Rosenthal.

Norco Elections Commission: Garvin's Out, & Rosenthal's in Trouble, Too

Radio star Wally G caused quite a stir last year when it was learned that he's actually Norco Elections Commission chair Walter R. Garvin. In addition to hosting a partisan radio show advertised on Norco Dem's web page, he was also a party officer - an area chairman as well as a committeeman.

Northampton County's Home Rule Charter forbids anyone who sits on an elections committee from holding public office or acting as an officer in a political party. In addition, Council Solicitor Zito warns that since an elections commission is a quasi judicial body, its members must avoid the appearance of impropriety. Although Garvin did resign his party position, he continued to engage in partisan political activity, hosting partisan radio shows and participating in anti-Dent rallies.

As a result, County Exec Stoffa refused to submit Garvin's name for reappointment next year. That's unwelcome news to council member Charles Dertinger, who groused about it at last night's county council meeting. "Mr. Garvin seems to have been removed for expressing his First Amendment rights." Not exactly. Garvin was removed because his partisan activity created an appearance of impropriety.

Stoffa proposes a clean sweep of the elections commission, with one exception. He wants to reappoint Republican Joan Rosenthal. Dertinger has a series of objections to her, including her outspoken criticism of the elections office. I guess she should be removed for expressing her First Amendment rights, too.

Of course, Dertinger is really just trying to get back at Stoffa for removing Garvin. But he's still right. As it turns out, Ms. Rosenthal is a member of Hanover Township's zoning hearing board. The Home Rule Charter excludes anyone who holds "public office" from sitting on the elections commission. Although a zoning hearing board member is appointed, as opposed to elected, she still holds a public office. Her appointment, therefore, seems inconsistent with the letter of the Home Rule Charter.

Council has tabled Rosenthal's appointment so that Solicitor Zito can research this matter. Whatever he decides, Rosenthal should withdraw her name from consideration. She's dedicated, interesting and very elegant. But after last year's controversy, neither the elections commission nor its members can afford to become mired in political squabbles.

I'm sure there's one Republican out there that Dertinger likes. How about Tommy Scissorhands?

Garvin Dumped As Norco Elections Commission Chair

During last year's Lehigh Valley congressional race, WGPA 1100 AM's ran a program called "Checks and Balances." It was dreary hour of highly partisan propaganda delivered in a monotone by host WALLY G.

Just the thing for insomnia!

One day, when Wally G was a guest on Don Russo's show, I decided to call. Before being allowed to say anything, Russo always insisted that callers identify themselves. I did, but then said it's only fair that Wally G identify himself, too. That's when I learned he's really Walter R. Garvin, who at that time was both Democratic Committeeman and area chair. In fact, Wally's radio show was touted on the Norco Dem web page with this little promotion: "Sick of Right-Wing Talk Radio Blather? Tired of them insulting our intelligence? Then tune in to WGPA SUNNY 1100 AM and host WALLY G ..."

Garvin was even the parking valet at an anti-Dent campaign rally late this summer. As I attempted to maneuver my Jeep into the parking lot, Wally wildly waved a "Support the Troops - End the War" sign at me, and directed me where to park, which for some reason was right in the middle of Monocacy Creek.

Wally G is a partisan activist, so what?

Let me explain. Wally G also happens to chair the Norco Elections Commission. According to our Home Rule Charter, party officers are barred. When Republicans found, several had strokes and died. Those who survived went ballistic and made their own signs. "Hang WALLY G, From the Nearest Tree!"

When I complained at a council meeting, Council Solicitor Zito told anyone who was listening that an elections commission is a quasi judicial body. It often makes decisions that are essentially judicial. Members must avoid the appearance of impropriety, and conduct themselves with impartiality.

Soon after that, Garvin resigned as committeeman and area chair, and his radio gig was over. Things seemed to die down.

But not for long. Just a few months ago, Wally G was at it again, hosting another radio show that blames Republicans for everything, from pink eye to the recent flooding along the Delaware. Now when you have county council races in which a Dem wins by just 91 votes, the last thing you need is a partisan elections chair.

Yesterday, county council's personnel committee reviewed county exec Stoffa's appointments to the elections commission. Garvin's name is missing. Now he can devote more time to his radio career. But before he goes on air again, he should spend a few weeks at the Ken Matthews school of broadcasting.

Angle and I are both A students.

Update: The Express Times' Sarah Cassi has a detailed report about Stoffa's new elections commission. He explains his Garvin decision. "I like Walt. I think he's a good person. He's a great Democrat. ... I didn't think he was objective."

Norco's Election Chair, Wally G, Doing Partisan Radio Show ... Again!

Wally G is on the air again!

Last year, between Labor Day and election time, he hosted a highly partisan, weekly radio show that repeatedly slammed Congressman Charlie Dent.

Who is Wally G? Why, he's Northampton County Elections Commission chair Walter R. Garvin. When Republicans found out, they went ballistic. Northampton County Council's solicitor, Leonard Zito, told council an elections commission is a quasi judicial body. It often makes decisions that are essentially judicial. Members must avoid the appearance of impropriety, and conduct themselves with impartiality.

So after getting this advice from a former judge, what does Wally G do? He hosts another talk radio show, which went on all of this week, bashing the Republicans again.

Is this how he avoids the appearance of impropriety? If there is a close election, and Republicans lose, don't you think some of them are going to start pointing fingers?

Garvin branded a helpful elections report as "pure partisan politics." But if he wants a real example of that, he need only look in a mirror.