Carlisle levy vote may have to go to a judge
Montgomery County counts more ballots in Carlisle precincts than it has registered voters

Ed Richter   Middletown Journal   11 November 2005

CARLISLE ? A judge may have to determine what to do about ?human error? that may have contributed to the apparent defeat of a tax levy here Tuesday, says Montgomery County?s top elections official.

In Tuesday?s election, the Montgomery County Board of Elections used new electronic voting machines for its residents, including 148 registered voters who live in the Montgomery County section of Carlisle.

However, Tuesday?s unofficial results indicated 225 votes were cast in the two Carlisle precincts in Montgomery County ? 77 more votes than there are registered voters ? with the proposed 3.8-mill levy for fire and emergency medical services defeated by a vote of 146-79.

The Montgomery County votes, now in doubt, are important because the levy failed by only 11 votes in Warren County, 520-509.

Until the vote snafu is resolved, City Council won?t be able to decide about funding its fire service and possibly adding an EMS division.

It may be difficult for the Montgomery County Board of Elections to certify its final vote to forward to the Warren County Board of Elections which provides final certification to the Ohio Secretary of State?s office, City Manager Brad Townsend told City Council on Thursday.

Steve Harsman, Montgomery County elections director, said he had a brief discussion with the Montgomery County Prosecutor?s Office and is seeking guidance from the Secretary of State?s office.

Harsman said he is still researching what happened Tuesday and it was ?human error.?

He said that he had issued separate encoders for various voting districts to the county?s 2,200 poll workers. The encoders, operated by poll workers, program vote-access cards with the voting district information for each voter.

However, Harsman said the county?s poll workers may have encoded cards with the incorrect ballot information.

?We need to look at who actually voted (on Tuesday),? he said. ?Without question, we?ll address it.?

?We?re looking at the facts and identifying what happened,? he added.

As for the Carlisle levy, Harsman is unsure about the next step. He said he has suggested that Carlisle consider contesting the election and filing a motion in Montgomery County Common Pleas Court for a hearing and letting a judge decide. Harsman said he believes a judge could ?probably order a new election? and assumes a new vote would have to be held in both counties.

Despite the problems, ?we really had an excellent election,? Harsman said.

Townsend told council Thursday that city Law Director David Chicarelli is researching state law and will be consulting with the Montgomery County Prosecutor?s Office and the Secretary of State?s office.

He also reported that he had spoken with Susan Johnson, Warren County?s elections director, who said Warren County would proceed with the certification process and count any provisional and late absentee ballots on Nov. 22.

However, until Montgomery County certifies its portion of Carlisle?s votes, Warren County may not be able to complete the final certification for the Carlisle levy, the manager said.

Townsend also said that there are still questions on the correct procedure on how to contest an election that includes voters in two counties.

City officials are hoping for a speedy resolution. If the fire levy should pass, the city must notify the Joint Emergency Medical Services District in Warren County that it will be withdrawing before Jan. 1. If the levy is approved after Jan. 1, Carlisle will have to remain a part of the joint ambulance district until Jan. 1, 2007.

If that wasn?t enough of a headache, neither Townsend or Mayor Jerry Ellender knew if problems with Montgomery County?s vote would have an impact on the re-election of at-large Councilman Dennis Bowles and 3rd Ward Councilman Randy Winkler who received votes from both counties.

Bowles? opponent, write-in candidate Timothy Humphries, said he learned Tuesday from a Montgomery County voter that voters could not write in his name because the Warren County Board of Elections had not forwarded his name as an official write-in candidate to Montgomery.

He said he will be bringing the matter to Warren County?s attention because the elections board ruled him off the ballot originally because he did not correctly list on his nominating petitions that he was running as an ?at-large? candidate for council. Thus, he had to run as a write-in candidate.

In unofficial results from both counties, Bowles received 744 votes while Humphries received 115 votes from Warren County only. Winkler was unopposed.