Investigation of Mercer County voting finds widespread problems

Thursday, February 10, 2005
By Paula Reed Ward, Pittsburgh Post-Gazette

A committee appointed to review the problems experienced by Mercer County voters during November's election has found what members call "remarkable negligence" by the county's elections bureau and commissioners.

In a 22-page report released this week, the committee made sweeping suggestions for correcting what happened on Election Day.

Among the problems that day were incorrect programming on some electronic machines, machines breaking down entirely and the unavailability of paper ballots in those instances.

According to the committee's study, out of nearly 52,000 voters who went to the polls, some 4,000 votes cast for president were not recorded. In one precinct in Farrell, 238 voters went to the polls, but voting machines counted only 55 votes for president.

Probably the most serious failure in Mercer County's election process was the failure of elections workers to check each precinct's voting machines to ensure they were in proper working order before they were sent out, said Michael Coulter, the chairman of the review committee.

Several other problems were a direct result of that lapse. In one case, a machine was still programmed with last year's primary ballot and therefore couldn't be used for the general election.

"I think the law wasn't followed," said Coulter. "It hadn't been followed for a while."

Some of the mistakes the committee found were as simple as not having secure boxes available to collect paper ballots when they were used, not having adequate phone lines set up for poll workers to contact elections staff and not having adequate privacy for voters filling out paper ballots.

Though the appointed committee did not have subpoena power, or the ability to question witnesses under oath, the members did interview 29 people and hold eight meetings over a two-month period.

They were appointed to do the review by the Mercer County commissioners, who also serve as the county's Board of Elections. The commissioners lauded the final report, especially because of its lengthy recommendations for improving the system.

"They're all very doable," said Commissioner Olivia Lazor.

One of the elements of the report she was most pleased with was the recommendation that all of the commissioners be involved in the oversight of the county's elections. In the past, Lazor said, it was typically only the chairman who got involved.

Other recommendations included:

 Developing a comprehensive written plan, including a contingency plan if voting machines break down, to direct the Bureau of Voter Registration and Elections in preparing for elections.

 Developing a written set of instructions for all elections employees to be reviewed before every election.

 Creating an educational program for Mercer County voters.

 Making the director of the elections bureau a full-time position.

Committee members also suggested that the county check the electronic voting machines to ensure they are in proper working order for the next election.

One of the committee's most important recommendations is that the board members create a system in which voters using electronic machines receive paper receipts to ensure that their votes are properly recorded.

Though the district attorney concluded shortly after the election that there was no legal wrong-doing, committee member Kathleen Cowles Paul believes there should be an investigation.

The right to vote, she said, is a "stalwart symbol of our democracy. When someone's right to vote has been taken away, the law has to look at it. [Otherwise], if people want to throw an election, it's not that hard to do; all they have to do is look incompetent."