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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: JaLL O�)� Walter Masse, airman J es Currin, Secretary Louise Taylor, Member