Judge Ruling: No New Election
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Vol. 87 No. 38 Thursday, October 1, 2009 50¢ Plus tax At a Glance Chamber banquet Judge ruling: No new election questioned the results and eventu- dants included; Owen and Jimmy expected to sift through the list for The Greater LaBelle Chamber by Patty Brant Caloosa Belle ally fi led suit against Mr. Pelletier, Luckey for Supervisor of Elections possible non-eligible felons. They of Commerce’s 37th Annual Ban- added that the facts are insuffi cient Twentieth Circuit Judge Chris- Supervisor of Elections Lucre- Lucretia Strickland, Tom Hart for quet will Oct. 5, at the LaBelle Civic to decide if any illegal felons cast tine Greider handed down her tia Strickland and County Judge Mr. Pelletier and County Attorney Center. ballots. In addition, no Hendry decision late Friday, Sept. 25, sup- James D. Sloan, Chairman of the Mark Lapp for Judge Sloan. Check out local organizations’ County voters were challenged in porting the election of Phillip Pel- Hendry County Canvassing Board. Attacking the plaintiff’s accu- 2008 and only one provisional bal- information beginnin at 5:30 p.m. letier as Hendry County Property Ms. Kulpa’s case was based sation that votes were accepted lot was rejected. The banquet begins at 6:30 p.m. Appraiser. The case could have on three allegations. She believes from felons who did not have their The defense also noted that The Greater LaBelle Chamber forced the county to redo the Nov. that: rights restored, attorneys for the of Commerce will announce its 1. Fourteen felons who did not defendants responded that elec- no evidence had been presented 4, 2008 Property Appraisers elec- showing the felons who voted had Person of the Year that evening. tion. The non-jury trial took place have their rights restored cast ille- tions offi cials have every right to gal ballots in that election; presume that names on the voter not had their rights restored. This year the speaker will be Sept. 21-22 at the Courthouse in Mr. Feamon retorted that the Dr. Patricia Land from Edison State LaBelle. 2. Three non-county residents list from Tallahassee are legal reg- cast ballots; and istered voters. Elections staff testi- Supervisor of Elections is not nec- College. Tickets are available from In the election, then Hendry essarily at fault if felons voted ille- all Chamber Board Members and County Property Appraiser Kristina 3. Assistance was rendered to fi ed that the state holds new voter some voters illegally. registrations in pending for 24-48 at the Chamber offi ce. Tickets are Kulpa was bested by newcomer Phillip Pelletier with a margin of Ms. Kulpa was represented by hours till they are approved. De- See Trial — Page 2 $25 per person. Please call 863- just fi ve votes. Almost as soon as attorney Peter Feamon. fense attorneys noted that Super- 675-0125 or stop by the Chamber the election was over, Ms. Kulpa Representation for the defen- visor of Elections staff cannot be for more information. County Business expo planned Kids Day: Focus on the younger generation The Small Business Develop- ment Center (SBDC) and Southwest sets 6.5 Florida Workforce Development Board (SFWDB) are partnering to provide a one-day, one-stop infor- mation business expo scheduled millage for October 7, 3-7 p.m. at the Ma- by Patty Brant sonic Lodge building on Jaycee- Caloosa Belle Lions Drive in LaBelle. On Tuesday, Sept. 22, the Hen- The One-day, One-stop Infor- dry County Board of County Com- mation Business Expo will en- missioners approved the millage able those who are searching for rate for 2009-10 at 6.5 mills, the answers to tap into the resources same as the current year. The needed to fi nd direction. commission also approved its Contact Janice Groves, SBDC, budget for next year. [email protected] or swillis1997@ The 6.5 millage rate represents aol.com for more information. a decrease of 10.11 percent in to- See Page 4 for information about tal ad valorum taxes levied. how to contact the newspaper The county’s total taxable value has been assessed at $2,107,817,381. newszap.com The roll back rate, which is the Free Speech Free Ads amount required to bring in in- come equal to the previous year, is 7.2301 mills. Submitted photos/Dawn Jeffries The 6,5 mills will bring in ad Mary the Clown enjoys a laugh with one of the youngsters at Kiwanis Kids Day Sept. 19. For more information see Page 4. See County — Page 2 It’s the best time to SAVESAVE AA WADWAD OFOF CASHCASH 2 Caloosa Belle October 1, 2009 If there is no notation on their registra- Brooks, who assisted numerous voters. the Clewiston early voting polling station, tion that the voter needs assistance, the In fact, elections personnel testifi ed that Judge Greider ruled: Trial voter must make out a declaration to secure Ms. Brooks became a “nuisance,” pick- “. this Court fi nds that the allegations assistance when they come to vote, which ing up large numbers of voter registration of improper assistance do not establish an Continued From Page 1 states their name, the election, date and the forms and returning them signed. (Citizens identifi able number of illegal votes suffi - name of their assistant. The assistant also may register to vote by simply signing forms cient to change or place in doubt the results gally, but urged that their votes should not signs that form, stating that they are not the which are available at many public places.) of this election. Further, these allegations do be counted. voter’s employer or agent of their employer, Staff was unsure of how many voters she not rise to the level for this Court to fi nd that With regard to three non-resident voters union offi cer or agent and that they have may have assisted. the Supervisor of Elections failed to main- having cast ballots, the plaintiff stated that not solicited the voter. As chairman of the Hendry County Can- tain good order at this polling location . .” ballots were cast by Mr. Pelletier’s son and Defense attorneys argued that, if no as- vassing Board, which ensures the accuracy In addition, Ms. Kulpa had requested an daughter-in-law, whom Mr. Feamon said sistance form had been fi led, the judge of election results. Judge Sloan testifi ed that award for court costs. It was also denied. were residents of Kentucky, underscoring would have to fi nd those votes to be illegal the board received no allegations of im- According to County Attorney Mark his assertion with one of Mr. Pelletier’s own in order to overturn the election. Everything proper assistance to voters in the Clewiston Lapp’s offi ce, to date, the lawsuit has cost campaign pamphlets. In addition, the bal- that happened may not have been techni- elections offi ce, no allegations of felons vot- the county approximately $145,000 for Ms. lot of Deputy Superviser of Elections Brenda cally correct, they conceded, but a techni- ing unlawfully and no allegations of anyone Strickland’s defense, It includes attorney Hoots’ son, who was a student at the Uni- cality does not equal an illegal vote. Because voting out of their precinct for that election. fees, and court costs such as the services of versity of South Florida at the time of the there was no testimony that any voter was With just a fi ve vote difference sepa- a court reporter and subpoena processing. election, was also questioned. unduly infl uenced, the defense concluded rating Mr. Pelletier and Ms. Kulpa in 2008, Mr. Lapp’s services to defend the canvassing According to the defense, Mr. Pelletier’s that there were no illegal votes. the board conducted a mandatory recount board are included in his salary. Mr. Pelletier son and daughter-in-law do work out of In her decision, Judge Greider cited the for the Property Appraiser’s race, with no must foot the costs of his own defense. state from time to time, but always return Florida Rules of Executive Clemency, stating: change in the results. There were also 464 Ms. Kulpa said the entire process has to Hendry County, which they claim as their “these rules were signifi cantly amended in undervotes in the Property Appraiser’s elec- been “arduous” and has taken longer than permanent residence. Attorneys pointed out April 2007 and established a system for the tion. it should have, noting that they were set for that the same would apply to local students automatic approval of restoration of civil Another key point in the trial is the al- trial last March. She said that her attorney studying outside of the county. rights or for restoration of civil rights with- legation that the Clewiston Supervisor of interprets the laws on voting by felons dif- In the end, the judge ruled that there was out a hearing. Simply put, this rule change Elections Offi ce was “chaotic” as voters ferently and believes there may still be an not enough evidence to establish that three established that a person shall have his or were casting ballots. opening for an appeal. She said the whole non-residents voted in the election. her rights . under Florida law immediately Ms. Strickland herself testifi ed that 2008 reason for the lawsuit still remains - her con- The plaintiff’s third allegation was that restored by automatic approval of the Clem- had the largest voter turnout in Clewiston in viction that the 2008 Property Appraiser’s some voters were assisted illegally in cast- ency Board, excluding the specifi c authority 18 years.