Tuesday, March 20, 2007
Mark Naymik and Joan Mazzolini
Plain Dealer Reporters
Ohio Secretary of State Jennifer Brunner's move to dump Cuyahoga County's elections board has thrown the county's elections process into greater turmoil, stalling a search for a new elections chief, slowing preparations for the May primary and possibly creating a leadership vacuum 18 months before the 2008 presidential vote.
Brunner, a Democrat elected in November, called each of the four board members Sunday and asked them to resign, a move that could mire election officials in legal fights when they also are dealing with elections, questions about the reliability of their electronic voting machines and the training of poll workers.
In an interview Monday, Brunner said she will fire the two Republicans and two Democrats if they don't resign by the end of business Wednesday.
Her call for the resignations also set off a war of words between GOP boss Bob Bennett, the board chairman, and Democrat Bill Mason, the county prosecutor.
Brunner said she made the decision after a Cuyahoga County judge last week sentenced two elections workers to 18 months in prison for rigging a recount of the 2004 presidential election.
"I'm not saying the board gave orders, but when you have a problem that serious on top of everything else that has occurred, you have an accountability problem," she said. "It has to do with public confidence and perception."
The elections board has long been perceived as dysfunctional. It has gone through three directors since 2000, wrestled with thefts of cell phones and money by workers and repeatedly struggled to produce accurate and timely vote counts. The problems peaked last May, when the board failed to deliver vote tallies for almost a week after the primary.
Bennett said he and Republican Sally Florkiewicz are not leaving. The two Democrats, Loree Soggs and Edward Coaxum, also are unwilling to go. Each board member receives $22,000 a year and credit toward a public pension.
Brunner said Ohio law allows her to summarily fire board members for neglect of duty. If the board members don't resign, she plans to file a complaint Thursday with the Cuyahoga board, spelling out the charges against them. She would then schedule a public hearing at which they can defend themselves.
"There will be a litany of things in the complaint," Brunner said. "I'm not really sure they want this."
Elections board members, still in charge, are without the top three employees who run the day-to-day operations.
The board members last month forced Director Michael Vu and deputy Gwen Dillingham to resign over the voting problems in the May primary. Elections coordinator Jacqueline Maiden, one of two employees sentenced last week, was fired by the board after her conviction.
Board turmoil has caused other employees to leave, and several important positions, including finance director and poll worker manager, are filled with interim appointees. The board appointed administrator Jane Platten interim director last month.
Bennett, in a news conference Monday in Columbus, accused Brunner of hitting "the wrong target in her attempt to make corrections in Cuyahoga County."
Bennett said the one to blame, particularly the recent conviction of employees, is Mason's office, which legally represents the board and advises it on election procedures.
Bennett said that better legal oversight of the recount procedures could have prevented the indictment of the two employees.
Brunner rejected that notion.
"The board is the one responsible for conducting an election, not the prosecutor's office," she said.
Bennett said he plans to file a complaint with the Ohio Supreme Court against the assistant county prosecutor assigned to the board, Reno Oradini, and possibly Mason. The Ohio Supreme Court reviews the conduct of lawyers.
Bennett said he will discuss his complaints against Mason's office during Wednesday's elections board meeting.
Mason, however, isn't waiting to hear more. He fired his own salvo Monday, accusing Bennett of "looking for a scapegoat," when "he should look in the mirror."
"Bennett's arrogance is boundless," he said in a prepared statement. "A judge and a jury rejected his phony excuses and found them guilty of rigging election results.
"Someone should tell him that he is not above the law. His mismanagement as president of the Board of Elections has created an environment that has permitted this illegal conduct to occur."
In the meantime, the process to find a new director and deputy director has stalled. The committee created to find top candidates reported Monday that it will withhold the names of finalists for director rather than give them to the board Wednesday.
"The opinion of the committee is that given the state of controversy at the board, there is nothing served by throwing the applicants into the political fire," committee chairman Bill Wilkins said.
Wilkins said he will tell the applicants that the process has slowed "until the picture clears a little bit."
Plain Dealer Columbus Bureau Chief Mark Rollenhagen contributed to this report.
To reach these Plain Dealer reporters:
mnaymik@plaind.com, 216-999-4849
jmazzolini@plaind.com, 216-999-4563
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