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Lancaster County Commissioners' Meeting

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Lancaster County Commissioners' Meeting LANCASTER COUNTY ELECTION BOARD MINUTES WEDNESDAY, OCTOBER 8, 2008 The Board of County Commissioners met today for an Election Board Meeting. Present at today’s meeting were: Terry Kauffman, Chairman James H. Thomas, Vice Chairman John O. Shirk BOARD OF ELECTIONS Andrea M. McCue CHIEF CLERK/ DEPUTY COUNTY ADMINISTRATOR Mel Newcomer SOLICITOR Others present were: Bill Bonanno, Resident RAPHO TOWNSHIP Paul Hentz, Resident MANHEIM TOWNSHIP Matt Henderson, Reporter NEWSLANC.COM James Huber, Resident MANOR TOWNSHIP Diane Skilling, Deputy Chief Clerk/Registrar VOTER REGISTRATION Mary Stehman, Chief Clerk/Registrar VOTER REGISTRATION Immo Sulyok, Resident WEST LAMPETER TOWNSHIP Terry Kauffman, Chairman called the meeting to order at 10:26 a.m. On a motion of Mr. Shirk, seconded by Mr. Thomas; the Election Board Meeting Minutes for September 2, 2008 were unanimously approved. ELECTION BOARD RESOLUTION NO. 8 OF 2008 On motion of Mr. Thomas, seconded by Mr. Shirk; WHEREAS, The polling place for the Borough of Columbia – Sixth Ward was a temporary arrangement for the Primary Election, and a move is necessary because the building does not provide sufficient space to conduct an Election. The polling places for East Petersburg Borough – West District and East Hempfield Township – Centerville District are being moved to accommodate a request from the Hempfield School District which has concerns regarding the security of their students. The building that houses the polling places for Millersville Borough – Third District and Manor Township – Manor, New East District has been sold, and the new owner was not able to make a commitment for the continued use of the building. The polling place for Mount Joy Township – Fairview District is too small and larger space is necessary. The polling place for Penn Township – South Penn District is being remodeled and will no longer be available for use on Election Day. NOW, THEREFORE, BE IT RESOLVED BY THE LANCASTER COUNTY BOARD OF ELECTIONS , That the Chief Clerk be and is hereby directed to post the proper notices of the following proposed polling place changes effective with the November 4, 2008 GeneralElection, and of hearing thereon to be held in the Commissioners’ Public Meeting Room in the Courthouse, 50 North Duke Street, Lancaster, Pennsylvania on Wednesday, October 15, 2008 at 9:15 A.M. FROM: TO: Columbia Borough – Sixth Ward Columbia School District Susquehanna Valley Administration Center Emergency Medical Services 200 North 5th Street 610 Poplar Street Columbia, PA Columbia, PA East Petersburg Borough – West District East Petersburg Elementary School Church of God 5700 Lemon Street 6030 Lemon Street East Petersburg, PA East Petersburg, PA -continued- -2- Election Board Meeting Minutes Wednesday, October 8, 2008 Election Board Resolution No. 8 of 2008 – cont’d - East Hempfield Township – Centerville District Centerville Elementary School St. Edward’s Episcopal Church 901 Centerville Road 2453 Harrisburg Pike Lancaster, PA Lancaster, PA Millersville Borough – Third District Millersville Lions Club Grace United Methodist Church 190 West Charlotte Street 163 West Frederick Street Millersville, PA Millersville, PA Manor Township – Manor, New East District Millersville Lions Club Millersville Brethren in Christ Church 190 West Charlotte Street 3116 Blue Rock Road Millersville, PA Millersville, PA Mount Joy Township – Fairview District Fairview Elementary School Darrenkamp’s Food Market 8853 Elizabethtown Road 191 Ridgeview Road Elizabethtown, PA Elizabethtown, PA Penn Township – South Penn District Lyons and Obetz Penn Township Municipal Building 55 Doe Run Road 97 North Penryn Road Manheim, PA Manheim, PA Mr. Shirk commended the staff for finding alternate locations for polling places. Mr. Thomas also commended the staff for finding alternate locations. Mr. Kauffman stated that the changes in location were made in an effort to cooperate with school districts in order to eliminate security concerns for the students while the election was taking place. Motion passed unanimously. On motion of Mr. Shirk, seconded by Mr. Thomas, it was agreed for the Lancaster County Board of Elections to approve the Chief Clerk/Chief Registrar’s recommendation to pay the mileage reimbursement set by the Internal Revenue Service to each Judge of Elections for the delivery of the election returns to the drop-off point designated by the Lancaster County Board of Elections. Mr. Shirk inquired if the purpose of the resolution was to allow for the rate to increase or decrease as set by the Internal Revenue Service. Mary Stehman stated that was the purpose of the resolution. Motion passed unanimously. Discussion re. Electioneering/Passive Electioneering in the Polling Place Mary Stehman recommended to the Board that they take the path of least resistance and allow passive electioneering. Mel Newcomer stated that the statutory provision does not allow electioneering and it has not been defined in the election code, historically policy has not allowed the use of campaign buttons, stickers or t-shirts in the polling place by voters. In a memo dated approximately, September 4, 2008, the Department of State issued an advisory statement stating that buttons, stickers, or t-shirts absent positive actions on the part of an individual does not constitute electioneering and suggests that it be allowed, the memo also advised the County Boards to make their own decision. Mary Stehman reported that other third class counties allowing passive electioneering include Erie, Berks, and Lehigh. Lebanon County is allowing passive electioneering. Cumberland, Adams, and Montgomery are not allowing passive electioneering. There has been no contact from Dauphin, Delaware, or Philadelphia County and Bucks County is still deciding. Mr. Shirk made reference to a US Supreme Court decision that was made. Mel Newcomer informed the Board that the case was based on a Tennessee statute and involved more explicit terms and there was a compelling reason to uphold the statute. Paul Hentz spoke on behalf of the Columbia Borough 1301 Election Board and stated that they do not want to become fashion police trying to determine what is appropriate. Paul Hentz suggested if the County is going to make a rule that they be a little more passive with clothing since these items will have to be removed in order to allow voters to enter voting precincts so that they can vote. Paul Hentz also requested distinct guidelines that will prohibit aggressive electioneering at polling facilities. James Huber wanted clarification on the distance requirement as it relates to campaigning near the polling facility. Mary Stehman stated that campaigning must be ten feet away from the polling place. Immo Sulyok stated that he had the opportunity to speak to a group of younger voters who were planning to attend a polling facility in a group wearing the same sweatshirt in favor of a candidate that would have led lights on it that would blink on and off which would be considered passive electioneering and if such actions occur will there be a policy in place that will allow an election board to make a decision if something of this nature would happen. -continued- - 3 - Election Board Meeting Minutes Wednesday, October 8, 2008 Mel Newcomer stated that Mary Stehman secured a policy statement from York County which was used as a starting point to develop a policy for Lancaster County. Mary Stehman indicated that she would like a decision made today on whether to allow passive electioneering because she has two training classes scheduled before the next Election Board Meeting will take place on October 15, 2008. Bill Bonanno stated that he takes voting very seriously and does not feel that buttons and t-shirts should be allowed inside polling places. Chairman Kauffman agreed with Bill Bonanno and suggested that he contact his legislature in order to clear the matter up. Paul Hentz inquired if voters were allowed to carry cards or pieces of paper with names on into the polling places. Mary Stehman stated that the voters are permitted to carry such items into the polling facility. Matt Henderson inquired if prior to the Department of State memo the rule that stated no electioneering within a polling place was interpreted as meaning no shirts, campaign buttons, or stickers and was that interpretation uniform within the State. Mel Newcomer stated that there was no declaration by the Department of the State previously, the provision that is in the statute states that you may not solicit votes. This was interpreted throughout the State that you can not allow campaign buttons or shirts in polling places and that was the policy in Lancaster County and to the best of his knowledge was the policy of other counties in the state, noting he did not poll other counties for confirmation. Decision re. Electioneering/Passive Electioneering in the Polling Place On motion of Mr. Thomas, seconded by Mr. Shirk, it was agreed for the Lancaster County Board of Elections to approve the Policy Statement of the Lancaster County Board of Elections regarding Electioneering in the Polling Place as follows: Topic: Shirts, buttons, hats, pins and any other electioneering paraphernalia are permitted to be worn inside the polls so as to display support of a person, political party, or referendum or retention question that is on the ballot. Voters shall be allowed to wear tee shirts, clothing, buttons, hats, pins or other apparel with a candidate or political party’s name, picture or emblem inside of the polling place provided that (i) such items do not involve sound, lights or other active displays of any kind and (ii) the voter takes no further action to influence other voters in the polling place. Apparel may also include references to referendums, retention question and other political issues. This policy shall only apply to individuals inside of the polling place for the purpose of voting. All other individuals, including poll watchers and election officials, shall not be permitted to wear apparel, pins or other displays favoring a candidate, political party or a position as to a referendum or retention question.
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