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March 14, 2013

Hamilton County: Resident complains about early voting polling place-Supervisor of Elections responds

Jasper — At the March 5 meeting of the Hamilton County Board of County Commissioners, an audience member, George Roberson, advised the board there is an issue at the Supervisor of Elections Office regarding early voting booths being set up in the office itself, which he says is a violation of state voting laws. The Jasper News checked with Hamilton County Supervisor of Elections (SOE) Laura Dees to get her opinion on the allegations made at the meeting.

Roberson told the commissioners, “I don’t know if this would refer to you or not, but it certainly will in the long run if you look at it from an insurance standpoint and for space that is needed.”

Dees stated that according to Florida Statutes (F.S.0 101.657), as a convenience to the voter, the SOE shall allow an elector to vote early in the main/branch office (Hamilton County Courthouse Annex).

With more and more days of early voting than in the past Roberson said having the voting booths in the supervisor’s office is causing problems, especially if there are a lot of candidates on the ballot who need to conduct business at the elections office.

“Early voting began in 2004 and at that time allowed the voter 14 days before an election to cast a vote at the early voter site (SOE office),” said Dees. “The Legislature shortened the days, allowing only eight days for early voting for the 2012 elections. I am sure the legislators will make more changes again before the 2014 election.”

“If a candidate or somebody walks in there, they run ‘em out and down the hall somewhere,” Roberson continued. “I know because it happened to me.”

Candidates, he said, can’t go into the elections office if someone is in there voting. When the incumbent supervisor of elections name happens to be on the ballot, Roberson said, the supervisor is violating the law by being in her office where the early voting is going on.

“I know you’ll probably be involved in it in the end because I’m sure there will be a lawsuit filed on this particular predicament,” Roberson told the board.

Roberson suggested the early voting booths be moved elsewhere, somewhere other than inside the SOE office.

Commission chair Randy Ogburn said the county’s attorney would need to look into it and check the Florida Statutes to determine if there is a violation of law. Ogburn also said he didn’t know if the board could tell the SOE where to hold her elections.

“As the early voting site is considered a polling place during these hours, the candidates are allowed to enter to take care of business and leave without speaking to voters voting,” said Dees. “Thus, my office has provided a room that they can enter for privacy and convenience if they have a question or need further assistance. If that room is being used for voting purposes, then the candidate is asked to wait a moment away from the door at least 100 feet in distance, as it is a polling place, per F.S. 102.031 (4)(a).”

“It’s definitely a violation and it’s going to come to a head sooner or later if it’s not already in the making,” Roberson told the commissioners. “You need to go ahead and do something about it before it creates problems for the county, if you can do anything about it. I don’t know if you can or not, but eventually you will be involved in it.”

Commissioner Beth Burnam said she experienced the problem firsthand this past election when she was on the ballot. As a candidate, she said, one has to frequently go into the elections office to file reports, especially as the election gets closer.

“I just came walking in one day, not thinking anything about it, and everything was set up for early voting and they just descended on me not to be in there,” said Burnam. “They took me and ushered me in another room real quick.”

Another candidate, Burnam said, came in right after her and experienced the same thing.

County Attorney John McCormick said he hadn’t heard of any problems from SOE Dees. It was decided to have Dees placed on the agenda to discuss the matter at the next day meeting of the county commissioners on April 2.

Dees said the Florida State Association of Supervisors of Elections (FSASE), which was founded in 1964 states: “Supervisors of Elections are elected officials responsible for administering all elections in their respective counties. The SOE is first and foremost responsible for overseeing, conducting the election, and accommodating all voters and all candidates.”

“This is the Supervisor of Elections job and responsibility,” said Dees. “This was what I was proudly elected to do. The public is free to come by and address any questions, concerns, or suggestions they may have.”

Dees wished to remind everyone that if they are not registered to vote, they have a name or address change, or need to update their signature on file, to come by her office at 1153 US Hwy. 41 NW Suite 1, Jasper (Court House Annex) or visit the SOE's website at hamiltonvotes.com.

“Your vote is your voice,” said Dees.

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