HomeMy WebLinkAboutHCBOE Board Meeting Minutes - January 14, 2011 - Preliminary Consideration MeetingHARNETT COUNTY BOARD OF ELECTIONS
PRELIMINARY CONSIDERATION MEETING MINUTES
JANUARY 14, 2011
11:00 A.M.
Present were Chairman Walter Massey, Secretary James Currin and Member Louise Taylor.
Also present were Janet Smith, Harnett County Staff Attorney, Sherre Toler, Director, Carolyn
McDougal, Protestor, and various members of the media and citizenry.
Chairman Massey called the meeting to order at 3:00 p.m. Mr. Massey advised that the meeting
was being tape recorded.
Business:
Ms. Toler provided the Board with copies of Ms. McDougal's original protest as well as copies
of the appeal and the State Board order remanding the matter back to the County Board of
Elections. Ms. Toler advised that Attorney Smith would explain the legal process for the
hearing.
Attorney Smith advised that this was not an evidentiary hearing, but a preliminary consideration
of the protest. She advised that Ms. McDougal was not asking for a recount, but wanted to voice
Election Day concerns regarding the East Averasboro precinct. Attorney Smith did advise Ms.
McDougal that if she wanted to withdraw her protest the Board could consider the matter as a
general complaint and hear from her and others who wished to speak. Ms. McDougal advised
that she wished to proceed with her protest.
Mr. Massey indicated that although he did not believe there was a conflict at the first preliminary
consideration, based upon the appeal wherein his daughter was named as an "alleged violator",
to avoid even the appearance of bias he would recuse himself. Mr. Massey moved to recuse
himself. Mr. Currin seconded. Approved without dissent. Mr. Currin as Board Secretary took
over the meeting as temporary chair.
Ms. McDougal expressed concern that Yolanda Massey was Chairman Massey's daughter and
that she believed that it was "nepotism" and inappropriate. Ms. Toler advised that Ms. Massey
represented her at the polling places as a runner and had been in that capacity since 2006. Ms.
Toler indicated that the runners utilize a check list and contact the director, not the Board, when
any problems arise. Ms. Toler asked Ms. McDougal if she believed Ms. Massey did anything
improper at the polling places. Ms. McDougal advised that she was not asserting that Ms.
Massey did anything wrong.
Ms. McDougal provided the Board with copies of three affidavits from individuals expressing
concerns about the polling places. Ms. McDougal also expressed her concerns that the machines
malfunctioned and there was not a technician on site. Other concerns involved the Chief Judge
allegedly walking in the parking lot with ballots in his hand. She did advise that she did not
contact the Director and advise her of her concerns other than in the morning when she called
regarding the voting machine malfunction.
Ms. McDougal stated that she witnessed people being turned away before having a chance to
vote. Ms. Toler advised that sending a voter to his/her correct polling place is not turning a voter
away but simply advising them that they may not get the correct ballot. Voters are provided the
option of going to the correct precinct or voting a provisional ballot. Ms. Toler also showed Ms.
McDougal the poll worker training manual which outlines that procedure. Ms. Toler explained
that she believes it is a disservice to the voter if they are not given the option of voting for those
individuals for whom they are entitled to vote.
Ms. McDougal stated that at the end of the day she attempted to enter the polling place and was
advised that the Chief Judge did not have time to speak to her. She stated that she was locked
out but that Ms. Massey let her in the building in order to observe the counting and reconciliation
of the ballots. She also stated that several poll workers had a "confrontation" with each other.
Ms. Taylor inquired as to when that occurred and Ms. McDougal stated that it was after the polls
had closed.
Ms. McDougal expressed concern that the ballots were placed on top of the voting machine from
the emergency bin. Ms. Toler explained that at the close of the day the ballots were removed
from the emergency bin and placed on top of the machine so they could be fed into the machine.
Ms. McDougal asked if board meetings were public. Ms. Toler advised that the Board meets the
first Wednesday of each month at 11:30 a.m. and any member of the public is welcome and able
to address the Board if they choose.
Mrs. Taylor stated that she believes that "we are on the same side and want the same things".
She also advised that she has witnessed the hard work of the staff preparing for elections and for
poll worker trainings. She asked Ms. McDougal if she was satisfied with the hearing.
Mrs. McDougal indicated that she was and that she just wanted to be heard.
Attorney Smith asked Ms. McDougal if she was withdrawing her protest. Ms. McDougal
questioned whether others could address the Board. Mr. Currin stated that this hearing was to
deal with the protest filed by Ms. McDougal but that if anyone wanted to come to a Board
meeting they could do so.
Ms. McDougal withdrew her protest and said that she wanted "fair elections".
The next meeting of the Board will be its regular meeting on February 2, 2011 at 11:30 a.m.
Mr. Currin made a motion to adjourn. Ms. Taylor seconded. The hearing was adjourned at 3:56
p.m.
Approved by:
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Walter Masse, airman
J es Currin, Secretary
Louise Taylor, Member