Some E.C. provisional ballots were marred

Oct. 29, 2004

By John Byrne / Gary Post-Tribune staff writer 

CROWN POINT — Twenty percent of the provisional ballots cast in the East Chicago special Democratic mayoral primary were thrown out because poll workers did not properly sign the forms.

The unaccepted 54 ballots would not have changed the outcome of the East Chicago race, which George Pabey won by 3,183 votes over Robert Pastrick. But with several tight votes likely in Tuesday’s general election, confusion about the recently instituted provisional voting process could become important.

Pabey garnered 152 provisional votes to Pastrick’s 49 and Lonnie Randolph’s three, according to county records.

Another 20 ballots were voided because the people who cast them were not registered to vote.

Established as part of the federal Help America Vote Act of 2002, provisional ballots are meant to provide a way for voters to enter their choices in an election, even if it isn’t clear if they are eligible to vote.

After the polls close, election officials can check voter rolls to determine whether the person had the right to cast a vote, then include or discard the ballot accordingly.

To thwart attempts at election fraud, two election officials must write their initials on a paper provisional ballot for it to be legitimate.

At least 20 percent of the time in East Chicago, either one set or both sets of initials were missing from the ballots.

Republican-appointed state election monitor Ted Rosdil was alarmed by the rate at which ballots had to be voided.

“We’re lucky this election wasn’t closer or the entire outcome would be in the air,” Rosdil said.

He urged Lake County Election Board members to fine election clerks who do not initial the ballots.

But county election officials said it is hard enough to get people to work the polls now without the threat of cash penalties hanging over their heads.

Republican Lake County Assistant Election Administrator Roberta Vierk defended the training sessions that prepare people to work the polls.

Vierk pointed out the East Chicago special primary was only the second election in which provisional ballots were used and noted a lower percentage of the forms were rejected than in the spring 2004 primary.

But for most of Lake County, Tuesday’s election — featuring hotly contested races for president, governor and other local, state and national posts — will be only the second time poll workers will need to contend with the provisional balloting process.

“Provisional ballots are going to be the hanging chads of 2004,” one Lake County election official said Thursday.

Before Tuesday, election officials will speak to any poll clerks who did not follow the statute in dealing with the new system. But there is no time to try to re-train poll workers, according to election office supervisor Michelle Fajman.

“At our training sessions, we really emphasized the importance of initialing the ballots,” Fajman said. “We did our best to get people to listen.”

The provisional ballot totals out of East Chicago came as the NAACP issued a release Thursday warning that “party officials” in several states are assembling teams of attorneys to challenge provisional ballots in an attempt to disenfranchise minority voters in the presidential election.

Citing the ease with which provisional ballots can be successfully challenged on administrative grounds, the NAACP is urging voters to cast the ballots “only as a last resort,” according to the release.