November 17,1999
Voter-registration purge placed on agenda
By Paul Sunyak
Herald-Standard Staff Writer
The Fayette County Commissioners agreed Tuesday to conduct a voter registration purge program which will cost approximately $20,000.
Commissioners Vincent A. Vicites, Sean M. Cavanagh and Harry E. Albert III — who previously did not fund the purge for various reasons — voted to put it on the agenda for an official vote Thursday.
A countywide grand jury investigating voter fraud recommended the commissioners conduct the purge in a report filed Oct. 27.
The grand jury noted that former Election Bureau Director Barbara DeCarlo estimated that 7,000 names on the county's voter registration rolls — 10 percent of the total — should go through the purge process.
``I think it's important. I think we have to put that in phase right now,'' said Cavanagh, who noted only ``legitimate voters'' should be on the rolls.
Vicites added, ``I think when the official count (from the Nov. 2 election) is done, we should pursue this immediately.''
However, Vicites noted that the projected cost for the purge is closer to $20,000 than the $10,000 mentioned in the grand jury report.
Assistant District Attorney Jack R. Heneks Jr., who presented the case to the grand jury, was originally scheduled to appear at Tuesday's meeting.
Heneks was to discuss the grand jury report; however, Chief County Clerk Judith M. Bodkin said Heneks had a conflicting appearance. The commissioners agreed to let Heneks speak later in the meeting if he showed up, which he did not.
In a related move, Albert made a motion to follow another of the grand jury's recommendations by having the county Election Bureau automatically purge all voters who have not voted in the past 36 months.
Albert said the grand jury recommended that Fayette follow some of the election bureau procedures used in neighboring Somerset County, which does a similar automatic purge.
``I'm proposing that we do an objective purging,'' said Albert, who noted Assistant County Solicitor John Cupp had reviewed the idea and feels it can be done.
Cavanagh said he wasn't sure if the move was legal and, as such, wanted more time to examine the proposal. Vicites agreed that the matter warranted further review, so the Albert proposal was tabled,
Albert said he was a bit miffed at the grand jury's use of comparison and contrast between Fayette and Somerset counties.
``How in the world were any of us to know what Somerset County is doing (in this area)?'' asked Albert.
Laurie Nicholson, director of the Fayette County Election Bureau, said after the meeting that she's researching what moves must be made to carry out the $20,000 purge.
``I'm not sure what I have to do yet,'' said Nicholson, who added she had only been informed earlier in the day that the purge had been approved.
DeCarlo made the request for purge funding as far back as 1996, the first year the current commissioners took office. She said the purge was a requirement of the Motor Voter law which was passed to make voter registration easier.
Albert also failed to get any support for a second proposal he made, which was to limit the number of voter registration forms and absentee ballots which will be mailed by the Election Bureau.
Under Albert's proposal, no more than four such forms or ballots would be mailed to any single location; requests for five or more would be filled by having an Election Bureau employee hand-deliver the materials and assist voters in filling out the forms or ballots.
``We aren't going to mail out 20 to one place anymore,'' said Albert of the gist of his proposal.
Cavanagh suggested tabling it until the commissioners could develop an all-encompassing policy regarding operations in the Election Bureau.
The matter was then tabled.
NOV. 17, 1999
Fayette poised to purge voter rolls
LIZ ZEMBA
Courier Staff Writer
UNIONTOWN
Fayette County commissioners are poised to take the first step toward discouraging voter fraud in the county.
Saying they want to abide by recommendations given them by a grand jury investigating election irregularities, the board agreed to consider at its regular meeting on Thursday authorizing a countywide purging of the voter rolls. If carried out, such a purge would remove the names of those who are deceased or otherwise ineligible to vote.
"This is the time to do it," said Vince Vicites, commission chairman, during an agenda session on Tuesday. "It was recommended by the investigating grand jury. It needs to be done as soon as possible."
A Fayette County investigating grand jury had convened in April of this year to look into allegations of voter fraud in 1995 and 1997 elections. In its 18-page report issued on Oct. 27, the grand jury made a number of recommendations aimed at reducing or eliminating voter fraud.
In one of those recommendations, the grand jury suggested the county "immediately embark upon a purge program consistent with the Motor Vehicle Law, but aggressive in its scope, to remove voters that are deceased, who have moved or who have not voted in recent elections."
The resolution commissioners have agreed to consider on Thursday will address each of those concerns.
Sean Cavanagh, commissioner, said in order to carry out the purge program, the county will have to mail out postcards to all registered voters. To remain on the rolls, voters will have to return the postcards.
"No one should be on the rolls unless they are legitimate voters," said Cavanagh. "We have a lot of issues to iron out. This is just the first thing."
Cost to carry out the purge program is estimated at $20,000. Vicites said authorizing the purge program on Thursday will be timely because budget hearings began this week. He said the board of commissioners will be responsible for ensuring the funding is set aside in the year 2000 budget.
In its Oct. 27 report, the grand jury had criticized commissioners Vicites, Cavanagh and Harry Albert for not acting on annual requests by former election board director Barbara DeCarlo to purge the voter rolls. According to the report, DeCarlo had told the jury that by not purging the rolls, the names of at least 7,000 ineligible voters remained on the list.
Vicites, in answering a written request from Common Pleas Judge Gerald R. Solomon to explain his failure to act at the time, had indicated he had felt that the county could not afford to spend $20,000 on the project. Albert, according to the report, had told the jury he viewed a registration purge as an unfunded state and federal mandate, while Cavanagh had claimed no knowledge of the purge proposals.
While Vicites and Cavanagh appeared eager to begin enacting the grand juryŐs recommendations, they would not place on ThursdayŐs agenda two related items Albert had requested.
Albert's first failed proposal would have removed from eligible voter rolls the names of those who have not gone to the polls in the past 36 months.
Albert said Somerset County, through a computer program, already does the same. Albert said the county could obtain the computer program at no charge.
Another recommendation contained in the grand jury's Oct. 27 report is that Fayette adopt the system used by Somerset County to prevent voter fraud. The computer program and 36-month rule is not mentioned specifically in the grand jury's report, but Albert said he learned about it through his own research.
"The grand jury report said we should follow Somerset, and I thought that was a bit much, because how would we know what Somerset does," Albert said. "I was a bit offended by it, but in looking into it, I found they are (purging) after 36 months."
Neither Vicites nor Cavanagh would second the motion. Although Albert said he had consulted with the county's assistant solicitor to ensure the process is legal, Cavanagh moved to table the motion because he's uncertain of its legality.
Vicites and Cavanagh also would not second a motion by Albert to allow no more than four registration forms or absentee ballots to be mailed from the election bureau to one location, such as a personal care home.
Albert's motion would have required an election bureau employee to hand-deliver requests for five or more such forms. The employee would also have assisted with completion of the forms.
The grand jury, in its report, had recommended the county appoint a volunteer registrar who would go to nursing and personal care homes to assist voters and determine their qualifications. A member of the county's election board would, under the grand jury's suggestions, accompany the volunteer registrar to such homes. A similar system is in use in Somerset County, according to the report.
In refusing to second Albert's motion, Cavanagh and Vicites said they want to implement any changes as part of an overall plan, not separate actions.
"This may be a good idea, but we need an overall scheme before we implement it," said Cavanagh.
Zemba's e-mail address is lzemba@tribweb.com.
