SMETHPORT – McKean County leaders are bracing for the
possibility of a primary election featuring paper ballots, as
officials wait to see whether a court ruling requiring counties to
hold a referendum before purchasing electronic voting machines per
federal law is overturned.
That’s the word Tuesday from McKean County Commissioner Chairman
John Egbert, who said following the commissioners’ meeting the
state Supreme Court is expected to hear an appeal of a Westmoreland
County case, where a lower court judge ruled that counties need the
referendum to change over from the lever-type to electronic
machines supplied by Electronics Systems Software (ESS).
The electronic machines are required under the federal Help
America Vote Act (HAVA) following the disputed 2000 Bush-Gore
presidential race, which was eventually settled in the U.S. Supreme
Court.
As a result, the lever-type machines have been decertified by
the federal government.
“It would create a horrendous task for counting the ballots,”
Egbert said. “For all we know, they might not be official until the
next night.”
Egbert said the county is going ahead and buying the machines
with $320,000 in HAVA funding under the direction of the
Pennsylvania Department of State.
If the court doesn’t making a ruling in due time, Egbert said
the county would be forced to print paper ballots for each district
for the upcoming May 16 primary election.
“It would not be a large cost to the county,” Egbert said,
adding a letter sent to the commissioners by Secretary of State
Pedro Cortez indicates the state is “pressing very aggressively”
for the matter to be resolved in time for the election.
The situation would be particularly difficult for the county,
whose residents have the task of choosing a U.S. senator and
representative, governor and state representatives and committee
members.
“The feds have said point blank that we have to be HAVA
compliant and have even threatened to void all the ballots cast,”
Egbert said. “The Westmoreland County judge’s ruling is not
precedent, but more an advisory decision. We are hoping the state
Supreme Court rules to get around the need for a referendum.”
Both Egbert and Commissioner Bruce Burdick said it would be near
impossible for a referendum to be drawn up and completed by the
primary election.
When the county receives its electronic machines, Egbert said
they will be fairly simple to use, noting they will be touch
screen.
“Even I can use them,” Egbert said with a chuckle.
To be HAVA compliant, the county needs to provide at least one
electronic machine in each voting precinct; the county is comprised
of 42 precincts. There is only one precinct in the county that will
be using paper ballots regardless – Sergeant Township – which voted
by referendum last year to stick with that form of casting
choices.
In other news, the commissioners announced that talks with the
McKean County Solid Waste Authority are continuing and an agreement
should be reached in the near future.
Officials said there are essentially four points of contention
between the two sides – three of which have apparently been settled
to some satisfaction, with the fourth still being debated.
The three in which an agreement has been reached include the
municipalities keeping the money distributed by the authority; that
any money left over after all the authority’s obligations are
settled will be turned over to the county; and the county will
guarantee that authority members will not be liable for any future
claims or liabilities.
Officials said previously, the fourth issue centers around how
the money which goes to the county will be spent.
“It’s really down to one philosophical difference that we have
with the authority,” Egbert said. “The lawyers are looking to find
non-contentious language to reach a middle ground. Maybe that will
result in one more face-to-face meeting.”
Egbert said he hopes a final settlement can be reached by the
spring, likely April.
“We are getting closer, but are not there yet,” Egbert said.
