Showing posts with label elections. Show all posts
Showing posts with label elections. Show all posts

Tuesday, July 20, 2010

Stop the Presses!

Heedless of the roaring machinery and tons of newsprint racing by inches from his elbow, the intrepid night editor rushed along the catwalk, leapt to the fire pole on the upper deck, slid skillfully to the lower level, ran up to the pressman and shouted in his ear: Stop the presses!

The pressman sounded the siren and pressed a toggle switch. The massive machine slowed, the sound diminishing. A worker trundled a cart carrying newly cast cylinders impressed with the reverse image of the front page. The headline, a mirror image of the page itself, screamed out in 72-point type:

"Deceased People on Pamlico County Voter Registration Rolls!"

Oh, the drama!

Cigarette dangling from his lip, the night editor returned to his office, put on his jacket, jammed a battered fedora on his head and called it a night. He felt the rumbling of the building as the presses started up again. He turned out the light, a note of regret on his face. If only he could have written a more surprising headline: "No Deceased People On Pamlico Voter Rolls!" That would be something - the only county in the nation.

Maybe next century. He fled into the dark shadows of the city, a dim street lamp in the distance.

Monday, July 19, 2010

Open Meetings Act and Boards of Elections

Last week the Pamlico County Board of Elections joined other Boards at a training session in New Bern. We (the Pamlico Board) were handed a paper by Bob Joyce of the UNC School of Government concerning the Open Meetings Act and County and Municipal Boards of Elections.

The problem is that in North Carolina, such boards consist of three members and a discussion between any two of them can under certain circumstances be construed as an "official meeting." The previous interpretation by the State Board had been that two members could have a conversation, so long as no agreements were concluded and no votes taken.

The newly-promulgated rule is more restrictive: "Members of county boards of elections should refrain from two-person conversations touching on subjects that may come before the board for a decision." Then the paper goes on to call for common sense. Right.

I have been quite aware of the problems created by the Open Meetings Act. The public is right to be suspicious of back room deals. On the other hand, agreements have to be negotiated. Public meetings aren't the best place for such negotiations. The North Carolina state legislature has exempted itself from most of the requirements of the Open Meetings Act. Otherwise, nothing would get done. Or, alternatively, only the staffs would be allowed to negotiate, cutting the elected or appointed members of the public body out of the loop as active participants.

For smaller bodies - say, the Oriental NC Town Board, with very limited staff resources, drafting ordinances under the constraints of the Open Meetings Act becomes a challenge.

My solution was to start this blog. My theory is, I don't care who knows what my position is on a public issue. I'll just put it out there in the open. Any member of the public who wants to know can just look. What could be more open than that? Should other Board members be among those who want to know what I think, they can look, too. No secrets.

Thursday, July 15, 2010

Eyes on the Prize: the Prequel

Watching Eyes on the Prize last night on PBS brought back memories.

A decade before the Selma march, I was a student at the University of Mississippi (Ole Miss), quietly going about my business while under surveillance by agents of the White Citizens Council and the Mississippi State Sovereignty Commission. It was an interesting time.

In 1956, I worked with a group of students on an underground newspaper called the Nigble Papers. I was essentially the publisher, which mostly meant finding a mimeograph machine somewhere that wasn't under lock and key. It was much like what was known in the Soviet Union as samizdat.

Our paper was later reprinted under the title Southern Reposure by a small group of Mississippi citizens: P.D. East, editor and publisher of The Petal Paper of Petal, Mississippi (near Hattiesburg); Hodding Carter, editor and publisher of The Delta Democrat-Times of my then home town of Greenville, Mississippi; Professor James Silver of Ole Miss (one of my history professors); and William Faulkner.

I recently came across a reference to the event in P.D. East's memoirs, The Magnolia Jungle, in a book of collected narratives by Marion Barnwell.

Our efforts didn't accomplish much in the short term, but I'd like to believe they helped in the long run.

Tuesday, July 13, 2010

Eyes on the Prize

An important program note: tomorrow night, Wednesday, July 14 at 9:00PM, UNC TV Channel 25 will show a special edition of American Experience, Eyes on the Prize: Mississippi: Is This America? 1963-1964/Bridge to Freedom 1965. If you have never seen this powerful documentary, make a special point of doing so. Even if you have seen it, take another look. You will probably notice something you didn't notice before.

At 8:00, the lead-in program is Terry Sanford & The New South. The contrast between North Carolina and Mississippi in 1962 could hardly be more stark.

Monday, July 12, 2010

Meeting Minutes

There seems to be a lot of confusion about what goes into minutes of official meetings of government bodies.

Early this year, when Oriental Town Commissioners reviewed draft minutes, newly-elected Commissioner Jennifer Roe made it quite clear: minutes record what was done, not what was said. This general rule applies no matter what the nature of the body. Otherwise approval of the minutes becomes a reiteration of every argument raised at the previous meeting and so on, ad infinitum.

As for public records, any correspondence concerning the business of a board becomes a public record, including audio and video recordings of public meetings. The custodian of all public records of the County Board of Elections is Lisa Bennett, the Director of Elections.

Since the meeting of the County Board of Elections held March 23, 2010, all minutes have included the following statement: "An audio recording was made of the proceedings. A copy has been provided as a public record to the Director of Elections, who will maintain it in accordance with the Records Retention and Disposition Schedule for County and Municipal Boards of Elections, dated October 7, 2002."

Any citizen who wants a copy of any of these records should contact Lisa Bennett at the County Board of Elections - 745-4821.

Friday, June 25, 2010

Dump the Runoff

The June 22 runoff or second primary cost the citizens of North Carolina between four and five million dollars.

Few voters turned out.

The outcome, at least in the statewide democratic party primary would have been the same without the runoff, had we accepted the vote by plurality.

Only eight states, all in the South, hold runoff primaries. In recent years, Kentucky and Florida have abandoned the runoff.

The runoff primary is a relic of an earlier time, when winning the Democratic Party Primary was tantamount to winning election in the states of the "Solid South."

It's time for the NC legislature to join Kentucky and Florida in abandoning the runoff.

Monday, June 21, 2010

Second Primary - June 22

Tomorrow, June 22, is the last day to vote in the second primary. This is a democratic party runoff primary to choose the party's candidate for United States Senate this fall.

Who can vote?
a. Registered Democrats;
b. Registered Unaffiliated voters who voted in the Democratic Party Primary May 4;
c. Registered Unaffiliated Voters who have not yet voted.

Voter turnout at One Stop and Absentee by Mail has been very low.

Tuesday, June 15, 2010

Voter List Maintenance II

A funny thing happened on the way to the hearing.

Yesterday the State Board of Elections (SBOE) advised the Pamlico County Board of Elections and the Director of Elections to remove two of the challenged voters administratively (they had registered in other states) and to continue the hearing on the other two challenged voters until later, in expectation that surviving family members will confirm their deaths, allowing them also to be removed administratively.

In addition, the SBOE General Counsel provided clarification that if a County Director of Elections is presented with some evidence of death or a move that may not be sufficient in itself to meet administrative removal requirements, the Director will make some investigation to verify the information. If the information is verified through official or family sources, the voter can be removed. That is new guidance.

So maybe we won't have "hundreds" of challenge hearings.

Sunday, June 13, 2010

California's Proposition 14

I seldom agree with columnist George Will, unless the topic is baseball. There, we share an aversion to the designated hitter rule.

Sometimes, though, I stand up in agreement. Today's op-ed column in the Sun Journal is one of those cases.

Those who believe in representative democracy often cringe at California's referenda and initiatives. I think George Will is right about this one.

Voter List Maintenance

Next Tuesday afternoon at 3:00 the County Board of Elections will conduct a formal hearing on challenges to four voters on the Pamlico County rolls. They are four remaining challenges out of six originally submitted, all on the County's list of inactive voters, for whom the BOE determined probable cause existed to remove them from the rolls.

Headlines of related news articles convey a misleading idea of how voter lists are maintained. "Pamlico begins clearing voter list of dead, relocated residents," the Sun Journal reported. "Dead people haunt county's voter rolls," County Compass declared. Similar headlines in Pamlico Today and Pamlico News seem to suggest that the County is just now beginning to remove voters.

Not so.

The truth is, that State and Federal law require the state of North Carolina to maintain a statewide voter registration database. Local boards of elections in the 100 counties perform routine data entry and other tasks as prescribed by these laws. They perform regular maintenance of voter lists using certain approved methods designed to carefully protect the rights of voters. Among the methods:

1. Daily activities: Voters moving into the county or moving within the county can register during working hours any day of the week. The voter registration office is open all day long. Voters moving from the county can request removal from the registration list at any time by signing a form. Close family relatives of a deceased person can request that person's removal at any time.

2. Daily: if a voter when registering in the county indicates a previous voting registry, the Board provides that information to the appropriate agency for removal at the previous address.

3. Monthly: The NC Department of Health and Human Services and Clerks of Courts provide information to county boards to remove persons who have died or been convicted of a felony. In addition, since in many cases, death certificates for Pamlico County registered voters may be issued in other counties, the Board of Elections searches this information in counties where medical centers create the possibility that deaths might be recorded. The County Board does not have sufficient staff to search all 100 counties in NC.

4. The NC State Board of Elections participates in the National Change of Address Program sponsored by the US Postal Service. Notification of a change of address prompts a mailing to the voter asking them to confirm the change for voting purposes.

5. Every odd year, county boards of elections perform list maintenance using a computer program to identify voters who have had no contact with the Board of Elections for two federal elections. The Board mails these voters information about their registration. If the card is returned undeliverable, the voter is declared inactive. A subsequent second phase identifies inactive voters who have had no contact for two additional federal elections. These voters are removed from the voting list.

In addition, any registered voter in the county may challenge the right of any other registered voter to register, remain registered and vote. In hearing such challenges, the Board of Elections sits as a Quasi-Judicial body and must provide the challenged voter all the protections of due process. Witnesses are sworn, testimony is taken, evidence presented, and if necessary, records subpoenaed. It is a solemn process.

Removing additional voters from the rolls will make the lists more useful to political candidates wanting to target voters for their campaigns.

That is what we will be doing Tuesday.

Wednesday, May 12, 2010

Voter Registration Challenges

Under North Carolina General Statutes, any registered voter in a county can challenge the right of any other registered voter in the same county to remain on the voter registration rolls.

The county board of elections is obligated to process all such challenges prior to the next election. Hearing the challenge is a two step process: 1) a preliminary hearing to determine whether probable cause exists that the challenged voter should not be registered; 2) a formal hearing by the board of elections sitting as a quasi-judicial body and providing all of the protections of due process normally provided by a court.

The county board will require the advice of an attorney representing the county during the hearings, and will also require the services of a court reporter. Should there be an appeal from the Board's decision(s), the appeal will go to Superior Court and will require a transcript of the proceedings.

This is uncharted territory for Pamlico County.

The most recent comparable experience in North Carolina is Brunswick County. Following last year's municipal elections, the defeated candidate for mayor of Bald Head Island filed 39 challenges against the town's registered voters.

Of the 39 challenged voters, the Brunswick County Board of Elections failed to find probable cause in eight cases. The challenger appealed to Superior Court, but after discussion, agreed to drop five of the eight challenges. Superior Court returned two cases to the County Board and the Board found in favor of the challenged voters. Superior Court has ordered the Board of Elections to hear the one remaining case.

We have to anticipate and budget for a similar process.

Friday, May 7, 2010

Second Primaries and Instant Runoff

Here's a topic to make your eyes glaze over. The sort of detail only a policy wonk enjoys.

In last Tuesday's Democratic Party primary election, there were six candidates seeking nomination as the party's candidate for U.S. Senate. The leading vote getter was Elaine Marshall, with 153,953 votes (36.6% of the 423,453 votes cast). Second was Cal Cunningham with 115,590 votes (27.3%).

So Elaine Marshall won, right?

Not exactly.

Under North Carolina Law, a candidate has to win 40% of the vote to win. Elaine Marshall came up 3.4% short.

What now?

We have to hold a second primary (also called a runoff) between the top two candidates to determine the winner.

In Pamlico County, the second primary will require us to hold one-stop voting for a couple of weeks, followed by the election on June 22. We are required by state law to open all ten precinct polling places for election day, no matter how light we think the turnout will be. Some other counties have runoff primaries for local elections, but U.S. Senate is the only race here in Pamlico County.

Who can vote?

Any registered Democrat can vote, whether or not he or she voted in the first primary.

No registered Republican can vote.

Anyone registered as unaffiliated who did not vote in the May 4th Republican Party primary can also vote.

Is there a better system? Probably. Some options:

1. Just pick the leading vote getter at the first primary. Most states do that. Runoff primaries are only prevalent in the South. The origin of primaries, including the runoff system, is often attributed to the populist or progressive movement. The true origin may be less benign, as recent research seems to show.

2. Use "instant runoff," where voters rank their choices. This needs computers to determine the outcome. Some US municipalities have tried it.

For real policy wonks, there are at least a dozen different variations of instant runoff.

Friday, April 30, 2010

Words

"When I use a word," Humpty Dumpty said, in a rather scornful tone, "it means just what I choose it to mean - neither more nor less."

"The question is," said Alice, "whether you can make words mean so many different things."

"The question is," said Humpty Dumpty, "which is to be master - that's all."

Through the Looking Glass.

The White Queen

"Alice laughed: "There's no use trying," she said; "one can't believe impossible things."

"I daresay you haven't had much practice," said the Queen. "When I was younger, I always did it for half an hour a day. Why, sometimes I've believed as many as six impossible things before breakfast."

Alice in Wonderland.

Public Records

We've had a few discussions over the past year or so about public records in North Carolina. Among other things, a public record is pretty much any record made of the public's business.

Here's what North Carolina General Statutes have to say:

"§ 132 1. "Public records" defined.

(a) "Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government.

(b) The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people. Therefore, it is the policy of this State that the people may obtain copies of their public records and public information free or at minimal cost unless otherwise specifically provided by law. As used herein, "minimal cost" shall mean the actual cost of reproducing the public record or public information.)"

Seems pretty clear.

So any record made by a public official in connection with the people's business is a public record. It doesn't matter whether it was made on or with a privately owned piece of equipment, it is a public record. And it must be turned over to the public agency's official custodian of public records.

Sunday, April 25, 2010

Voting Convenience

I've been telling people about the on-line conveniences for voters in North Carolina, but I hadn't tried them out.

Until now.

I decided to look for my very own sample ballot for the May 4th Primary. Here's how:

1. Log on the the Pamlico County Government web site;
2. Click on Departments;
3. Select Elections;
4. Click on "Registration Lookup and Sample Ballot;"
5. You will find yourself at the State Board of Elections site;
6. Fill in your name and date of birth, then select Pamlico from the drop down list of counties;
7. Click "submit" and you will see your voter information, including voter history;
8. Click "my sample ballot," and you will see your very own ballot style for the May 4th Primary, based on your party registration and where you live.

Amazing!

The State Board of Elections has posted this information for every registered voter in North Carolina.

You still have to make up your own mind who to vote for.

Thursday, April 15, 2010

Wallace v. Sanford

Many people remember the key sound bite from George Wallace's 1963 inaugural address as Governor of Alabama: "Segregation now, segregation tomorrow, segregation forever."

Fewer remember the central theme of Wallace's 1962 campaign: opposition to registration of African American voters. That theme emerged as early as 1959 when then circuit court judge Wallace refused to turn over voting records to a federal commission investigating discrimination against black voters. He eventually turned the records over under threat of jail, but continued to posture against the federal government.

Elsewhere in 1962 while Wallace was running for governor, Governor Ross Barnett of Mississippi incited a mob of people proud to call themselves "rednecks" to riot at the University of Mississippi to prevent James Meredith from entering the University.

1963 was a blur of events: George Wallace "stood in the schoolhouse door" to oppose entry of two black students into the University of Alabama; Medgar Evers was shot and killed; Rev. Martin Luther King, Jr. gave his "I have a dream" speech in Washington, DC.

Almost unnoticed in the rest of the country, four days after George Wallace's defiant inaugural, Governor Terry Sanford of North Carolina said it was time to "quit unfair discrimination and to give the Negro a full chance to earn a decent living for his family and to contribute to the higher standards for himself and all men."

A long-lost eight-minute film of that speech - a unique declaration by a Southern governor in that era - was shown publicly for the first time earlier this evening in Chapel Hill.

Talk about a profile in courage!

Tuesday, April 13, 2010

Voting Starts Thursday

One Stop voting starts Thursday morning at 8:00 at the Board of Elections office in Bayboro. It continues until May first.

One stop is a great way to vote. The polls are open for thirteen days. You can pick your own day and avoid the crowd.

You can also register and vote the same day. North Carolina is one of ten states with some form of same day registration. If you have moved, you can correct your voting information.

Come on by and vote. If you have questions about the candidates, ask your party chair for the lowdown.

Saturday, April 3, 2010

Voting in North Carolina

Just got back from a very interesting training session for county election officials offered by the State Board of Elections. I'm still digesting the information.

One message came through loud and clear: North Carolina is one of a very small group of states leading the way in modernization and reform of election law and procedures. Other states and the federal government often look to North Carolina for ideas.

An example is the Military and Overseas Voter Empowerment Act of 2009 which amended prior law (Uniformed and Overseas Civilian Absentee Voting Act)concerning overseas voters. Of ten provisions in the law, only one provision will require amendment to North Carolina law.

In fact, the US Department of Justice has asked to use North Carolina as a model for other states and as a pilot for new ideas. That speaks well of the leadership of our State Board of Elections.

Friday, March 26, 2010

Voter Registration

Fifty years ago, I tried to register to vote. I met an obstacle course.

When I turned 21 and became eligible to vote, I was at the University of Mississippi. I wasn't allowed to register in that County. At my home of record, Washington County, the Registrar's office was open every other Wednesday afternoon during working hours. I also had to pay a poll tax. So I never had the opportunity to register before going off to sea.

Two years later, 1960, I was the ship's voting officer (among other duties) and had access to all of the information about registering and voting in all fifty states. I knew how to do it and what the deadlines were. I submitted a Federal Postcard Voter Registration Application to Washington County, Mississippi in ample time.

Months later, I received a reply regretting that the county had received the application too late.

Balderdash! Even if the form had been received too late (which I never believed), registration in Mississippi was permanent. There was no reason not to have sent a registration form, even if it was too late for the 1960 election.

The next time I was home on leave, I registered. This time, the Registrar could verify my complexion.

The Voting Rights Act and the National Voter Registration Act fixed the problem.