State fines officials

By: B.J. O'Brien
03/26/2004

The state's Elections Enforcement Commission handed down fines earlier this week against town election officials who violated election laws in the Nov. 4 municipal election.

Voting machine mechanic Roger Walsh was fined $400 and registrars of voters Mary O'Leary, a Democrat, and Mary Legnard, a Republican, were each fined $2,800. Machine mechanics John Demko and Thomas Ryan were each fined $1,400 and were "decertified," according to the consent orders that were signed Wednesday.
The five election officials will have 60 days to pay their fines.
"This closes our case," said Joan Andrews of the Elections Enforcement Commission.
She added that the law would allow for the town to reimburse those who are being fined.
The fact that the election officials agreed to the fines isn't a surprise, according to Ms. Andrews, considering that they have admitted that mistakes were made Election Day.
Ms. Andrews said that residents in Bethel seem to have gotten an education in election rules and regulations thanks to the court case filed by former First Selectwoman Judith Novachek and other members of the Republican ticket who were defeated Nov. 4 against the winning Democratic candidates and town officials.
Danbury Superior Court Judge Douglas Mintz dismissed the case, stating that the court lacked jurisdiction to render a decision because not all of the candidates who would have been affected if another election were to be held were not notified of the lawsuit by the plaintiffs.
Ms. Andrews also believes that the court case and decision by the commission should help in making sure that election laws are strictly followed in the future.
"I think, in the future, the Bethel voters will be better protected," she said.
Mrs. Legnard refused to comment on the matter, and Mrs. O'Leary, Mr. Walsh, Mr. Demko and Mr. Ryan could not be reached for comment.
The lawsuit and the decision by the Elections Enforcement Commission stemmed from problems that occurred on Election Day.
Voting machines were not working properly and residents were forced to use paper ballots in most of the voting districts.
The machine mechanics are responsible for setting up the voting machines. The registrars are supposed to oversee the machines, as well as test and certify them before the election.
The Elections Enforcement Commission later received letters and complaints from Bethel citizens concerning what happened Nov. 4.
"The commission received two sworn complaints and seven letters from Bethel citizens, and a referral from the Secretary of State alleging that voting machines were set up improperly for the Nov. 4 municipal election and that voters could not split their votes in multiple opening offices, that machines were not tested, that machines were opened during the day, that people were allowed to later cast their votes on flawed machines and that, due to long lines and waiting times, many voters did not vote, and requesting a new ion," the consent orders said.
Although its investigation paralleled the court case, the commission does not have the authority to request that another election be held, according to Ms. Andrews.
Matthew Paulsen, the chairman of the Bethel Action Committee, was one of the people that filed a complaint with the Elections Enforcement Commission. He believes that the fines send a message to the registrars, noting that they are elected officials and are expected to uphold the election laws.
He said that BAC would keep its eyes open in the future to make sure that there are no errors made in future elections.
"I think it definitely sends a message that we'll be watching more carefully," Mr. Paulsen said.
He added that he would be opposed to the town's reimbursing the election officials for their fines.
"The taxpayers are not responsible for their errors," Mr. Paulsen said, adding that, if the town decides to do this, "BAC will take it to the highest level we can."
Mr. Paulsen also said that, in light of everything that has happened, the registrars of voters should not seek re-election when the time comes.