OpenCDA

April 28, 2010

Bring on the Judge!

Filed under: The City's Pulse — mary @ 8:00 am

Mary Souza’s Newsletter

Tammy Currie Farkes lives in Canada.  She voted in our last Coeur d’Alene election, even though her mother said, “She hasn’t lived here for 10 years.”  Tammy is not the only one.  There are many people who voted in our city election from outside the city, county, state and country.

Forget Obama’s Health Care bill, forget Cap & Tax, forget Card Check.  None of these important measures will be repealable or controllable if our election system is seriously compromised. And there appears to be a dangerous national movement to do just that. 

Last Saturday’s Wall Street Journal (link below) reported Sen. Charles Schumer is working on a bill to override the election laws in all 50 states and “require universal voter registration, which would automatically register anyone on key government lists.” Think Medicare, Medicaid, Student loans, Welfare,etc.  The article goes on to point out voter fraud concerns in several states, many of which we’re seeing in Kootenai County.

“Coercion and chicanery are made much easier by the excessive use of absentee ballots”, the article states, and it highlights the troubling issue of automatically mailing absentee ballots to voters, year after year, without requiring specific requests or legitimate reasons.

Most of the questionable CdA voters from Canada received automatic absentee ballots, sent by Kootenai County, because they had requested one for the Presidential election in 2008. Of course, since they were sent a ballot this time, the folks living in Canada went ahead and voted in our local city election.

Did I mention that one of our election races was decided by only 5 votes?

More than 30% of CdA votes came from absentee ballots. These ballots were counted and totaled for the Official District Canvass, reported the day after the election. That number was 2051.  But two days later, the County Elections Dept. ran a highly detailed report on the absentee ballots which shows the total at 2042.  That’s a NINE vote difference.  What happened?

County Clerk Dan English tried to explain, in an email, by guessing that some of the ballots may have been spoiled, he wasn’t sure.  His second guess was that workers may have forgotten to scan in some of the ballots. But the most upsetting guess of all was Dan’s third attempt:

He admitted, in the email, that sometimes they get more than one absentee ballot returned in an envelope, and count them anyway.  But that’s against our law! Idaho Code 34-1009, “…If an absent elector’s envelope contains more than one marked ballot of any one kind, none of such ballots shall be counted.”  The Secretary of State’s office explained, “the code is quite clear.” Any envelope containing more than one absentee ballot requires voiding all ballots in the envelope. That, however, is not the procedure followed here in Kootenai County.

The reason for the law is important.  One person signs the outside of each absentee envelope to testify they are a legitimate voter and have voted their ballot.  The ballot inside contains no identifying information. It would be possible for someone to also vote ballots of other family members, put them all in one envelope and send it in.  It’s not legal but they would all be counted here in Kootenai County!

And why would someone here in town request an absentee ballot but then go to vote in person on election day? Sixteen people, some of them very well-known names, did just that. So what happened to their 16 absentee ballots?  Absentee ballots are identical to poll ballots.  It would be possible for someone to fill in their absentee ballot, put it under their coat, go to the polls, then, in the voting booth, slip the second ballot into the plastic privacy cover along with the poll ballot, and slide them both into the ballot box.

Would an audit pick up this kind of cheating?  We don’t know.  The County has yet to release any documents and wants a huge amount of money to even look at them.

Please keep in mind that one race in the last election was decided by 5 votes, another had only a 29 vote difference.

The Wall Street Journal article concluded that serious voter fraud problems come from Same-Day voter laws, “which allow anyone to show up at the polls, register and then cast a ballot, ID requirements are minimal.”

Same-Day voters here?  You bet.  Kootenai County encourages Same Day registration.  We had 165 people sign up and vote the day of the election.  But out of that number, 90 have been tagged as possible problems because of their address, lack of ID or other inappropriate details.

And don’t get me started on the Poll Books!  Almost every poll book (where you sign when you vote in person) is filled in differently, with important information left out of many books, hand-written names on odd, unmarked pages tucked in the back of some…the inconsistencies go on and on.  Sloppy.

The questionable voters add up fast.  And with only 5 votes, 29 votes and 361 votes deciding the city council seats, we could need a whole new election.

The WSJ article says, “A unanimous Supreme Court warned about the danger of loose election laws…The court made the obvious point that ‘disenfranchisement’ is a two-way street.  Fraud, it noted…drives honest citizens out of the democratic process…Voters who fear their legitimate votes will be outweighed by fraudulent ones will feel disenfranchised.”  Why aren’t our local political parties screaming about these election problems?

Here’s my big question: Why does one regular citizen have to bear the burden and cost of uncovering these problems? Where’s the government?  It seems to me that when legitimate evidence shows there are valid questions about the election, the state should jump in and order a full investigation. More than enough solid evidence has been provided but the state says they can’t or won’t get involved until there is a court ruling.

It’s been six months. The County refuses to give information or make requested documents available for viewing. Dan English recently told the Press he’s working with both legal teams but that’s clearly not true. What are they hiding? If it’s anything like the muck that’s already been uncovered with only minimal disclosure, it must be disturbing.

And now there’s no judge. Judge Simpson disqualified himself more than two weeks ago, “in the interest of justice”, he said, with no other reason given. Two weeks have gone by and still no judge has been assigned.  It’s up to Administrative Judge John Mitchell to find a strong, fair person to hear this politically sensitive case and do the right thing for the voters of Idaho.  Let’s get a ruling, get the state to do a full investigation of this mess and change the laws and procedures as needed.  We must be able to trust the integrity and accuracy of our election system.  Bring on the judge!

*********************

Here’s the link to the WSJ article on Voter Fraud: http://online.wsj.com/article/SB10001424052748704671904575193930226978178.html?KEYWORDS=voter+fraud+

21 Comments

  1. Who are some of the 16 “very well-know names” who potentially voted more than once in the City election?

    Comment by Dan — April 28, 2010 @ 10:25 am

  2. I could share a couple names but I won’t because of the context of your question. If I report a name that was on the list of folks who requested absentee ballots but then voted in person, it does not mean they cheated at the polls, it means the system is not secure and they could have.

    That said, it’s a bit weird that at least two prominent couples, both husband and wife, requested absentee ballots then voted in person.

    (I could almost see it if one spouse did and the other didn’t, so they just decided to go the polls together…but it’s still odd.)

    Comment by mary — April 28, 2010 @ 10:41 am

  3. Well, then they should know (because they read this blog) that we know who they are and will be visiting their precincts in the future to keep an eye on them. (Since, obviously, Dan English’s crew at the County doesn’t do their job.)

    Comment by Dan — April 28, 2010 @ 11:09 am

  4. I think it is about time that to ensure that the election laws are correctly enforced and that the employees involved with the election process are adequately trained, that we the people of Kootenai elect a NEW County clerk. Obviously Dan English is not doing his job. He’s the application of the “Peter Principle” at its finest.

    We will have two elections between now and the seating of the new County clerk. Two more elections will be suspect.

    Comment by Ancientemplar — April 28, 2010 @ 11:28 am

  5. You are totally right, both of you. Dan English has done NOTHING to help uncover problems or change anything for the better. He has blocked access to every possible election document, while telling the Press he’s “cooperating with both teams”. No he is not.

    Hey, Mr. English, I know you read this blog. Please tell us why you are blocking access to PUBLIC RECORDS from the last election? What is your plan to “cooperate”?

    Comment by mary — April 28, 2010 @ 11:44 am

  6. Yea, this upcoming election will be interesting. I would like to see if our (I mean Mr. Kennedy’s) Canadian friends weight in or stay away from appearing to commit another possible crime. What is our county prosecutor doing about A) the county holding back public records? (so far he has sat on his hands) and B) opening an investigation on these voters that the CDA Press detailed back a couple of weeks ago. Barry in case you don’t know it people are watching your inaction and will reflect that in the voting booth the next time your name appears on a ballot. But I do realize it might not matter, if you campaign well in Cranbrook or Nelson.

    Comment by WannaBe JD — April 28, 2010 @ 2:37 pm

  7. We need to publish the Kootenai County Guide to Voting as Many Times as You Like. Document these methods. Include ripe quotes from Dan English. Some peppy banter from Mikey about his views on Christianity. Typical excerpt:

    Say your name is “Thom” and you want your friends in power to win an election so that the Big Developers in town can continue fleecing the public through questionable acts of urban renewal. Here’s how you can vote at six key precincts and never get caught!

    Such fun.

    Comment by Dan — April 28, 2010 @ 2:44 pm

  8. WannabeJD–last night at the Kootenai County Republican Central Committee meeting (boy, that’s a long title), Starr Kelso, the attorney for the Election Challenge, spoke to the whole group. The room was packed. Starr gave a great overview of the problems and what’s happening now, which is basically nothing because there’s no judge. There were lots of questions and Barry McHugh was put on the hot seat.

    But Starr brought up an interesting bit of news that fits with your question about the out-of-country voters in the upcoming elections. Starr said he just got an email from a military guy in Iraq who, in the last election, was told by Dan English to use the courthouse address in CdA even though he’s formerly from Post Falls and has never lived in Coeur d’Alene. He did as he was told by Dan English. Now he realizes it was not right.

    He just told Starr that he has already received an absentee ballot for the Primary, BUT, get this: His voting status was changed by the Kootenai County Elections–now he’s a voter in Post Falls! They never had him change anything or sign anything.

    Comment by mary — April 28, 2010 @ 2:53 pm

  9. Yep, that would be fun – putting Dan English’s face on the front of a handbook – Kootenai County Guide to Voting as Many Times as You Like.

    Give me time, I have to go to real work/job and go mushroom hunting.

    …and yes, I wanted to try out my new avatar.

    Comment by Stebbijo — April 28, 2010 @ 4:02 pm

  10. Nah, It doesn’t show up well enough, I think I will go back to my orignal standby 🙂

    Comment by Stebbijo — April 28, 2010 @ 4:06 pm

  11. He just told Starr that he has already received an absentee ballot for the Primary, BUT, get this: His voting status was changed by the Kootenai County Elections–now he’s a voter in Post Falls! They never had him change anything or sign anything.

    Yeah, nothing to see in the County Elections Office. These aren’t the droids you’re looking for. Move along, move along.

    Comment by Dan — April 28, 2010 @ 4:39 pm

  12. OMG, this parody is too hilarious – don’t ‘they’ know we are all on fire for justice!

    Comment by Stebbijo — April 28, 2010 @ 7:11 pm

  13. I agree with Mary’s point about where is the OFFICIAL inquiry into these allegations of mis or malfeasence, or worse. The onus for determining if state law has been broken does not lie with a private citizen. It is the sworn duty of Barry Mc Hugh, Ben Yusursa and Lawrence Wasden to ensure that the laws of Idaho are enforced no matter of the social standing of those associated with the inquiry. Added to this are the actions of Dan English. If the elections office is as squeaky clean as English proports, then open up the files, let the public see what’s there. Instead his actions seem obstructionist. Not the actions you’d expect from someone who has nothing to hide. If a private citizen has broken the law by illegally voting, they should be prosecuted. There are Veterans cemetaries all over this country full of those who died in order for us to be able to vote. They laid down their lives for us, its time to stand up for them.

    Comment by Will Penny — April 29, 2010 @ 5:03 am

  14. The humor and parody’s are needed lest we all go insane with all of this. But, this is serious business and WillPenny says it best in her/his closing statement above. So for a Friday morning question…

    Is the justice system stonewalling this lawsuit? Who is the judge?

    Comment by Gary Ingram — April 29, 2010 @ 7:52 am

  15. I would imagine the unilateral changing of a registered voters address by the Kootenai County Election employees is a crime, maybe even a felony What do you say to this Rocky and or Barry?

    Comment by Ancientemplar — April 29, 2010 @ 2:35 pm

  16. It appears the local elections office is attempting to cover up their mistakes. Below information is straight from the State of Idaho Elections website:

    VoterID Precinct
    010128179 30

    Select Last Name First Name House No. Street Name City County Zip

    PROFT GREGORY 1999 E FOUNTAIN DR POST FALLS KOOTENAI 83854

    Comment by LTR — April 29, 2010 @ 6:04 pm

  17. Ancientemplar,

    Your question in Comment 15 is a very good one. What statutory authority does the Kootenai County Clerk (or for that matter the Idaho Secretary of State) have to make any change to a document completed and sworn/affirmed under oath by an elector without the elector’s specific direction? In essence, there is little difference between that and forging the elector’s signature on a voter registration or application for absentee ballot. The disturbing thing is that if it is statutorily allowable for the Kootenai County Clerk to do this on any application sworn/affirmed under oath by CSM Proft, he can do it for any elector. He could even fabricate fictional electors’ documents, create fictional voters.

    There may be another complication: If electors perjured themselves by knowingly and intentionally falsely swearing to applications containing false information, and if those same electors mailed, fax’d, or emailed the perjured applications, they may have violated federal wire and mail fraud laws. This would not appear to apply to CSM Proft who by all accounts relied in good faith on the incorrect instructions supplied to him by the Kootenai County Clerk Dan English.

    Comment by Bill — April 30, 2010 @ 7:25 am

  18. Having English allow this is one thing. Having McHugh not investigate it is another. They’re both equally guilty.

    Comment by Dan — April 30, 2010 @ 7:51 am

  19. More corrections by Dan English following a flawed election:

    VoterID Precinct
    002711885 16

    Select Last Name First Name House No. Street Name City County Zip
    PRIOR RONALD 11032 N AVONDALE LOOP HAYDEN KOOTENAI 83835

    n Harris and Ron Prior

    VoterID Precinct
    002705286 16

    Select Last Name First Name House No. Street Name City County Zip
    HARRIS SUSAN 11032 N AVONDALE LOOP HAYDEN KOOTENAI 83835

    Comment by LTR — April 30, 2010 @ 5:15 pm

  20. Curious again…I searched registered voters for an address for Tammy Farkes (Kootenai County Commissioner Rich Currie’s sister). Her family has several properties all in a family trust. She may be part of the family trust but according to the below story is a resident of Edmonton, Canada.

    Meeting the Love of my Life at WEM…Who Knew?

    By Tammy Farkes

    [lengthy copyrighted cut-and-paste deleted and link added by Bill] Excerpt from linked material quoted below:

    We are very happy and the proud parents of our 2-year-old daughter. Edmonton is our home and a girl from the States finding a farm boy from Saskatchewan, at the WEM, is our legacy.

    Story Created: Jun. 24, 2009

    Comment by LTR — April 30, 2010 @ 6:52 pm

  21. LTR,

    Thank you. I went into your post and highlighted Farkes’ statement relevant to her residency.

    I guess finding that and following up would have been too much trouble for Kootenai County Clerk Dan English and Deedie “We are not the residency police” Beard. Dan English, of course, wouldn’t want to take time away from his lucrative Tote-a-Vote business to actually do the job the Kootenai County taxpayers are paying him to do.

    Here’s another problem: Idaho’s Secretary of State, Ben Ysursa, has been patting English on the butt for years, telling him and the world how good a job English is doing. Well, the evidence is now trickling out (in spite of the County’s efforts to conceal it) that English has been derelict in his official duties. Ysursa is too emotionally and reputationally invested in English to back away from him now, so expect Ysursa and our Attorney General to look for ways to hinder Jim Brannon’s election contest lawsuit even more.

    Thank you, too, for pointing out “corrections” made by electors who voted illegally in Coeur d’Alene’s City election. Again, City Clerk Susan Weather and County Clerk Dan English were not doing their jobs, jobs for which they are very well paid by city and county taxpayers.

    Everyone should keep in mind that these violations of law and the subsequent cover-up involving city and county officials would not even have come to light had it not been for Jim Brannon, Starr Kelso, Confidential Investigations, and several other honest and courageous citizens (yes, folks, there really are a few in this area) in pursuing the election contest.

    Comment by Bill — April 30, 2010 @ 7:03 pm

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