Crossville Chronicle, Crossville, TN

Area News

July 20, 2010

Brouhaha erupts over challenge of voter

Poll watchers not expected to impede election process

CROSSVILLE — The establishment of poll watchers by three entities sparked rumors about intimidation and exclusionary tactics by candidates with the beginning of early voting Friday.

However, no such incidents were reported during the first two days of early voting during which 973 voters cast ballots on Friday and Saturday.

There was a report Monday that at least one Democrat was denied the opportunity to vote in the Republican Primary. There is a major dispute about what transpired and what was said between Mickey Eldridge and Cumberland County Election Administrator Sharon York.

York said that Linda Thompson, a poll watcher for Eric Swafford's campaign, challenged Eldridge's right to vote in the Republican Primary.

Eldridge claims that York tipped Thompson off as to Eldridge's request to vote Republican. York adamantly denies this, stating Thompson approached her and that she had to first find out which ballot Eldridge asked for, and then to initiate the challenge. She also contacted the state election commission office in Nashville on how to proceed.

Eldridge stated she was denied her right to vote in either the County General or the State Primary and would be consulting an attorney Monday.

York responded that the conversation with Eldridge never got that far. York said she was attempting to explain the challenge process with Eldridge and that Eldridge became vocally angry and left without voting.

York said she attempted to conduct the challenge in the privacy of her office, as recommended by the state, but that Eldridge responded, "I don't even want you in this office."

According to York, 615 early votes were cast on Friday and 290 on Saturday. Of those casting votes early, 733 voted in the Republican Primary and 223 in the Democratic Primary.

Absentee votes received on the first two days numbered 68.

There is a general false assumption that Tennessee is an open primary voting state but that is not necessarily true. Voters can select the primary they wish to vote in as long as their vote is not challenged.

Party members do not carry affiliation cards but do sign an oath that they support the respective party whose primary they vote in "at that moment."

Each political party has the right to challenge voters to protect the integrity of their respective votes, although this is seldom done.

With great interest in the Republican Primary race for governor and in the local race for state representative, there has long been talk of widespread crossover voting by Democrats, and when word of poll watchers being organized for the Aug. 5 vote circulated in the community, there was a general fear of efforts to prevent some who have voted Democrat from voting in the Republican Primary.

York said Thursday that Dennis Gregg, representing the Cumberland County Democratic Party, was the first to file for poll watchers followed by Republican candidate for state representative, Cameron Sexton.

York added that she had heard rumors that incumbent State Rep. Eric Swafford was planning on using poll watchers and as the deadline approached, she had not heard anything from his campaign so she called him to see if he was going to make the deadline to file his list of watchers.

Each political party is entitled by state law to appoint poll watchers. In addition, state law allows each candidate to have poll watchers. Any citizen's organization interested in a question on the ballot can have poll watchers as can any citizen's organization interested in preserving the purity of elections and guarding against abuse.

Political parties may appoint two watchers and candidates may appoint one or more. However, political candidates can only have one at the polls at any given time. Each citizen's organization can appoint two watchers.

Appointments must be submitted in writing and signed by the candidate or person representing the citizen's organization.

Poll watchers can be appointed to observe at the county election commission office, satellite locations, nursing homes, penal institutions, election day polling sites and absentee counting boards.

Appointments must be made no later than noon two business days before the first day of early voting and for election day noon two business days before the election.

Prospective candidates or candidates for office on the ballot and election commission members cannot serve as poll watchers.

Through "judges" appointed to mediate issues, poll watchers can challenge a voter's right to vote in a certain primary. The voter will then be taken to a private area where the challenge will be heard, voting records checked and a decision made.

If the challenge is upheld, the voter will then cast votes on a paper ballot which that voter will then place in an envelope with the voter's name on it. This is preserved in case the challenge is appealed to Chancery Court. The chancellor will then open the ballot, hear the challenge and determine whether to uphold the Election Judges' decision or to allow the vote to be counted.

"You don't have to be a poll watcher to challenge a voter," York said. "There is a list of reasons anyone can challenge someone's vote. You can be standing in line to vote and have knowledge about the person in front of you and you can file a challenge," she said.

Reasons for those challenges can include a convicted felon whose rights have not been restored or someone voting in a dead person's name.

 

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