Dan English

VOTERS BEWARE!

Some strange things are going on here in Kootenai County.  Our election administrators are ignoring, bending or breaking the law. 

Even after almost a year of legal scrutiny of our voting system, due to the Election Challenge of last year’s CdA City Council race which was decided by only a 3 vote difference, at the end of it all, County Clerk Dan English and his staff are now brazenly stepping on protocols and laws as next week’s election approaches.

It seems an arrogant misuse of power, and is especially out of line because Dan English himself is up for re-election this time.  He’s a candidate.

Here are the major issues:

1.  Write In Candidates: There are several registered write-in candidates in our area, which is fine.  What is not OK is that the staff of the Elections Department has been giving out written information about these candidates to people coming in to vote early.

Idaho law clearly and specifically forbids this.  According to a CdA Press article this week, Tim Hurst, chief deputy secretary of state, said that providing a list of write-in candidates at polling stations is against state policy. “That policy has been there as long as I know of,” Hurst said.

Dan English is the Chief Elections Officer for Kootenai County.  It’s his job to know the laws and correct protocols, yet here’s what the CdA Press quoted Dan as saying: “English said he wasn’t surprised to hear the rules were more rigid.”  Wasn’t surprised?  He should have known.

2.  Opening Ballots Early: County Clerk Dan English has decided to open the Absentee ballots early, starting on Monday, the day before Election Day.  The problem?  It’s against the law.  Idaho Code 34-1008 specifically says the absentee ballot carrier envelopes only (the outside ones that have the signatures) shall be opened between opening and closing of the polls on election day.  It goes on to say that “The ballot envelope shall not be opened until the ballots are counted.”

Dan English plans to open the outside envelope AND the inside ballot envelope on Monday, take out the ballots and stack them in a pile.  They explain they will keep them in a secure room with only limited access by certain elections people.

How can they just change the rules?  The law is very clear.  If the law is not functional for the needs of the current system, it is Dan’s job, as County Clerk, to propose changes to the law and work with the Sec. of State to obtain such approvals from the legislature.

He has not done so.

Do you remember the fiasco with the UOCAVA Federal overseas voting law?  It came to light during the Election Challenge trial that this Federal law was the reason Judge Hosack allowed the votes of the Canadian group, the most famous of whom was the woman who hasn’t lived in CdA for 22 years but was still allowed to have her vote count in our city election, along with many other voters from Canada.

At the trial, Dan English told the court that the UOCAVA Federal law was adopted by Idaho State.  But guess what?  It wasn’t!

In response to a direct question I asked Dan English online after the trial, he wrote back that it was the Secretary of State who decided to apply the Federal law to all our elections.  And, when I asked for a copy of the order from the Sec. of State, Dan told me there WAS NOTHING IN WRITING.  No letter, no written policy or procedure, no fax, not even an email.  Nothing.

This massive change in our election system was made by the Sec. of State without approval of the legislature.  And our County Clerk, Dan English did not question that move, even though Idaho law is clear that the job of Secretary of State is to enforce the election laws, not make them.  Idaho Code 34-202 also directs the Sec. of State to use WRITTEN directives and instructions and WRITTEN corrections.

Dan English should have insisted that these critical policy changes be approved by the legislature and put in writing.

3.  Which brings me to my final point.  Dan English is a candidate for re-election,  yet he is allowed to be in the Elections Dept. during the counting and handling of the ballots.  I emailed him to ask if he would have a substitute instead, and he replied no, he would not.  Dan will be there and will still be in charge, he told me.  But he will not handle the ballots, he said, and he will not be the one to report the results online.  (I’ve been told that he usually takes the disk of info from the counting machines, goes into his private office by himself, closes the door, puts the disk in his computer and reports the results.  I’m not kidding…by himself.)  My concern is that he will be there and he is still the boss, holding great influence over his staff.  And now the Absentee ballots will be out of their protective envelopes a whole day early.

So, dear readers, voters beware!  These are tricky waters we’re treading.  There are many serious election law issues to be reviewed by our legislature.  The Sec. of State has far overstepped his job description and Dan English has not been actively protecting the fair election rights of the voters of Kootenai County.

As the tyrannical Soviet dictator  Joseph Stalin said, “The people who cast the votes decide nothing. The people who count the votes decide everything.”

Please get out and vote this next Tuesday, Nov. 2nd.  Only a huge wave of an election will carry the day; I’m afraid any close elections will remain suspect.  So we need every single voter to go to the polls and make your will known.

Use your right to vote!

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Mary Souza is a 23 year resident of CdA, local small business owner and former P&Z Commissioner.   Her opinions are her own.  To sign up for the free weekly newsletter, or access a free archive of past columns, visit www.marysouzacda.com  Comments can be sent to marysouzacda@gmail.com.