QUOTE
Perry Co. auditor suit goes forward
By Kathy Thompson, kthompson@nncogannett.com
Staff Writer
--------------------------------------------------------------------------------
NEW LEXINGTON -- With only a week under his belt as the new Perry County auditor, former Speaker of the House Larry Householder finds himself embroiled in controversy.
After beating his Democratic opponent Bill Crane by only 277 votes in the Nov. 2 election, Householder and the Perry County Board of Elections are being sued over "defective" votes and voting procedures.
Crane was put into the auditor's seat last fall after JoAnn Hankinson died with three years left in her term.
After being defeated in the November election, Crane collected several hundred dollars from campaign contributors for a recount. Once it was determined the recount had the same results as the election, he filed the lawsuit.
Crane's Columbus attorney, Michael Kolman, claims to have found at least 400 irregularities in the voter books.
Kolman checked voting records and alleges the number of voters exceeded the number of people who signed the books in at least 11 of 46 precincts. Ohio election law requires all precincts to maintain a book that voters must sign before casting a ballot.
The lawsuit also said 359 votes were cast by people whose signatures were never verified as required by law.
Court proceedings plowed ahead, even though an investigation conducted by the office of Secretary of State Kenneth Blackwell found no evidence of fraud. Blackwell's office found technical problems and a need for more training for poll workers. None of the problems would affect Householder's win over Crane though.
Testimony began in Perry County on Monday morning in front of retired Fairfield County Common Pleas Judge J. Martin, who is presiding over the case after Perry County Common Pleas Judge Linton Lewis recused himself from the case. He felt proceedings would be more impartial with a visiting judge.
While Householder busied himself with becoming accustomed to the inner workings of his new position Monday, his attorney, Craig A. Calcaterra, said he would bring in "every voter in Perry County if needed" to prove that nothing but a couple of honest mistakes were made.
"No law was broken and nothing happened that would change the outcome of the election," Calcaterra said.
Kolman said he does not have to prove the mistakes were intentional. All he has to show is that the results could have been different if the mistakes had not happened.
Several poll workers testified they did not have some voters sign the books at the polls, Kolman said.
Calcaterra said a couple of mistakes by poll workers were not significant enough to change the entire election.
Donald C. Brey, the Columbus attorney representing the auditor's office, agreed with Calcaterra and said the purpose of the law is to protect "people calling the shots -- namely the voters."
"Just because a few innocent mistakes may have been made doesn't mean you throw the election results out," Brey said. "We're all human, and did a couple of poll workers make a couple of innocent mistakes? Yes. But, mistakes were made by both Democrats and Republicans, and they were completely innocent.
"No one was trying to change the outcome of the election. That's the point," he said. "This isn't a gotcha game. A crime was not committed. ... What we're really fighting about is what is the standard of proof."
Kolman said what he wants is the election results to be set aside and Crane reinstated as auditor until 2006 when another general election takes place.
Crane refused to comment.
Janie Dailey, supervisor of elections, said she is not allowed to comment as long as the case is in litigation.
Householder said he is concerned for the voters and their rights. However, he was glad to see the voters coming forward to testify Monday.
"I've never felt there were any inconsistencies in the voting process. I just would like to be able to work as the auditor for the people of Perry County," he said.
The case will continue at 9 a.m. today at the Perry County Courthouse.
By Kathy Thompson, kthompson@nncogannett.com
Staff Writer
--------------------------------------------------------------------------------
NEW LEXINGTON -- With only a week under his belt as the new Perry County auditor, former Speaker of the House Larry Householder finds himself embroiled in controversy.
After beating his Democratic opponent Bill Crane by only 277 votes in the Nov. 2 election, Householder and the Perry County Board of Elections are being sued over "defective" votes and voting procedures.
Crane was put into the auditor's seat last fall after JoAnn Hankinson died with three years left in her term.
After being defeated in the November election, Crane collected several hundred dollars from campaign contributors for a recount. Once it was determined the recount had the same results as the election, he filed the lawsuit.
Crane's Columbus attorney, Michael Kolman, claims to have found at least 400 irregularities in the voter books.
Kolman checked voting records and alleges the number of voters exceeded the number of people who signed the books in at least 11 of 46 precincts. Ohio election law requires all precincts to maintain a book that voters must sign before casting a ballot.
The lawsuit also said 359 votes were cast by people whose signatures were never verified as required by law.
Court proceedings plowed ahead, even though an investigation conducted by the office of Secretary of State Kenneth Blackwell found no evidence of fraud. Blackwell's office found technical problems and a need for more training for poll workers. None of the problems would affect Householder's win over Crane though.
Testimony began in Perry County on Monday morning in front of retired Fairfield County Common Pleas Judge J. Martin, who is presiding over the case after Perry County Common Pleas Judge Linton Lewis recused himself from the case. He felt proceedings would be more impartial with a visiting judge.
While Householder busied himself with becoming accustomed to the inner workings of his new position Monday, his attorney, Craig A. Calcaterra, said he would bring in "every voter in Perry County if needed" to prove that nothing but a couple of honest mistakes were made.
"No law was broken and nothing happened that would change the outcome of the election," Calcaterra said.
Kolman said he does not have to prove the mistakes were intentional. All he has to show is that the results could have been different if the mistakes had not happened.
Several poll workers testified they did not have some voters sign the books at the polls, Kolman said.
Calcaterra said a couple of mistakes by poll workers were not significant enough to change the entire election.
Donald C. Brey, the Columbus attorney representing the auditor's office, agreed with Calcaterra and said the purpose of the law is to protect "people calling the shots -- namely the voters."
"Just because a few innocent mistakes may have been made doesn't mean you throw the election results out," Brey said. "We're all human, and did a couple of poll workers make a couple of innocent mistakes? Yes. But, mistakes were made by both Democrats and Republicans, and they were completely innocent.
"No one was trying to change the outcome of the election. That's the point," he said. "This isn't a gotcha game. A crime was not committed. ... What we're really fighting about is what is the standard of proof."
Kolman said what he wants is the election results to be set aside and Crane reinstated as auditor until 2006 when another general election takes place.
Crane refused to comment.
Janie Dailey, supervisor of elections, said she is not allowed to comment as long as the case is in litigation.
Householder said he is concerned for the voters and their rights. However, he was glad to see the voters coming forward to testify Monday.
"I've never felt there were any inconsistencies in the voting process. I just would like to be able to work as the auditor for the people of Perry County," he said.
The case will continue at 9 a.m. today at the Perry County Courthouse.
http://abclocal.go.com/ktrk/news/011105_AP..._elections.html
QUOTE
Two Democrats expect to be seated after controversies
By The Associated Press
(01/11/05 - HOUSTON) — Scores of Houston-area voters face Texas House subpoenas after casting contested ballots in the November election that gave a Democratic newcomer a narrow victory over veteran Republican state Rep. Talmadge Heflin.
Democrat Hubert Vo was scheduled to be sworn in and seated as the Texas Legislature convenes Tuesday. But he still faces Heflin's challenge of the election results before a special House committee, which ordered voters to fill out questionnaires or give depositions to lawyers representing Heflin and Vo.
Meanwhile, the Senate State Affairs Committee on Monday dismissed an election challenge filed against Sen. Mario Gallegos by a former opponent who is also his former ex-mistress.
The panel found that Susan Delgado "failed to state the grounds necessary to maintain an election contest" against the Houston Democrat. Committee members voted 9-0 to send the report to the full Senate for a vote.
Delgado had contended that Gallegos lived in the 11th District, although he represents the 6th District. Gallegos, who has represented the east Harris County district since 1995, was overwhelmingly re-elected in November.
A former stripper who claimed she had a 17-year affair with Gallegos, Delgado ran as a write-in candidate against the incumbent. She contended that Gallegos took a homestead tax exemption on a house outside of his district. But Gallegos is registered to vote at his mother's house within the 6th District and also claims to live there.
Heflin lost to Vo by 33 votes out of more than 40,000 cast in the November general election. But House Speaker Tom Craddick appointed the special committee to investigate the 11-term Houston legislator's allegations of voting irregularities. More than 100 ballots are in question.
Aledigna Staats, who moved with her husband Michael from Harris County to Fort Bend County in October 2003, was told at a Harris County polling place that they could vote there as long as they completed a change of address form. The Staats voted straight Republican tickets.
"I didn't think twice about it," said Aledigna Staats. "Then we got subpoenaed and had to give depositions. We were kind of upset by the whole thing. This is ridiculous."
Another subpoenaed voter, Henry Akuchie, had lived in Vo's and Heflin's district until a recent move to Sugar Land. He was sent to three different polling sites on Election Day.
"It took me almost two hours," said Akuchie, a native of Nigeria who has been a U.S. citizen since 1993. "I just hope my vote counts. How could I have done anything wrong?"
(Copyright 2005 by The Associated Press. All Rights Reserved.)
By The Associated Press
(01/11/05 - HOUSTON) — Scores of Houston-area voters face Texas House subpoenas after casting contested ballots in the November election that gave a Democratic newcomer a narrow victory over veteran Republican state Rep. Talmadge Heflin.
Democrat Hubert Vo was scheduled to be sworn in and seated as the Texas Legislature convenes Tuesday. But he still faces Heflin's challenge of the election results before a special House committee, which ordered voters to fill out questionnaires or give depositions to lawyers representing Heflin and Vo.
Meanwhile, the Senate State Affairs Committee on Monday dismissed an election challenge filed against Sen. Mario Gallegos by a former opponent who is also his former ex-mistress.
The panel found that Susan Delgado "failed to state the grounds necessary to maintain an election contest" against the Houston Democrat. Committee members voted 9-0 to send the report to the full Senate for a vote.
Delgado had contended that Gallegos lived in the 11th District, although he represents the 6th District. Gallegos, who has represented the east Harris County district since 1995, was overwhelmingly re-elected in November.
A former stripper who claimed she had a 17-year affair with Gallegos, Delgado ran as a write-in candidate against the incumbent. She contended that Gallegos took a homestead tax exemption on a house outside of his district. But Gallegos is registered to vote at his mother's house within the 6th District and also claims to live there.
Heflin lost to Vo by 33 votes out of more than 40,000 cast in the November general election. But House Speaker Tom Craddick appointed the special committee to investigate the 11-term Houston legislator's allegations of voting irregularities. More than 100 ballots are in question.
Aledigna Staats, who moved with her husband Michael from Harris County to Fort Bend County in October 2003, was told at a Harris County polling place that they could vote there as long as they completed a change of address form. The Staats voted straight Republican tickets.
"I didn't think twice about it," said Aledigna Staats. "Then we got subpoenaed and had to give depositions. We were kind of upset by the whole thing. This is ridiculous."
Another subpoenaed voter, Henry Akuchie, had lived in Vo's and Heflin's district until a recent move to Sugar Land. He was sent to three different polling sites on Election Day.
"It took me almost two hours," said Akuchie, a native of Nigeria who has been a U.S. citizen since 1993. "I just hope my vote counts. How could I have done anything wrong?"
(Copyright 2005 by The Associated Press. All Rights Reserved.)