Satellite stations OK'd to open 10/18/2008 12:39 AM
By ROB NOVIT Senior writer
In a unanimous vote Friday, the Aiken County Registration and Elections Commission has agreed to open three satellite absentee precinct sites, beginning Sunday.
The commissioners had suspended their planned use of the satellites in Aiken, North Augusta and Wagener pending an opinion of the S.C. Attorney General's office over the legality of the satellite locations.
That opinion, completed Thursday, appeared to support the contention of the Aiken Branch NAACP that such satellite sites are lawful and that failure to open them had the potential to disenfranchise prospective. However, the commissioners' action to reverse the week-long suspension rested more on procedural concerns raised by Aiken County attorney Jim Holly. He recommended that the suspension be lifted at an emergency meeting of the commissioners Friday night.
The Elections Board originally had approved the satellite facilities following the pre-clearance of the U.S. Justice Department in conjunction with U.S. Voting Rights Act. The board members could not have gotten the federal agency to preclear any changes to that decision prior to the election, Holly said.
Allowing the satellite offices to operate as initially planned is in the public interest, given the time frame issues, he said.
"We still have questions about the (attorney general's office) opinion," said Commission Chairman Kevin Bumpus. "But we didn't want to keep anybody from voting and don't want anybody's votes challenged. We got good counsel from our attorney."
The Election Commission also had gotten approval
Aiken Branch NAACP President Brendolyn Jenkins said she wasn't concerned how the commissioners arrived at the decision, just that they arrived at the right one.
"We're very pleased," she told the commission members. "I rise to commend this board and (election office director) Stuart (Bedenbaugh) for their work on the pre-clearance. I've been wiling to complain when I think we've been disenfranchised. Tonight I'm here to commend you."
The winners are the voters of Aiken County, said Aiken County Democratic party Chairman John Brecht, and NAACP official Kim Anderson Ray agreed.
"We want to make voting as accessible as we can for those with transportation issues and those who are elderly or handicapped," she said.
Diane Giddings, the Aiken County Republican party executive committeeman, said a voters' guide distributed by the election office clearly states that it's unlawful to distribute or display campaign literature near a voting polling place. The Kalmia Plaza in Aiken and the Nancy Carson Library in North Augusta are public places, she said. Bedenbaugh said those sites will be monitored like any regular voting precinct.
"It's illegal to have any campaign literature within 200 feet of a polling place," Giddings said. "They absolutely cannot protect that. The integrity of the polls is going to be broken."
The Election Commissioners initially set up the three satellite offices for absentee offices as a conveyance in such a large county area. Then a S.C. Republican Party official, Simpsonville attorney Todd Kincannon, protested the satellite stations, contending that state law doesn't allow such offices outside the regular Election Commission office. Following a meeting last Monday night, Holly said he had reached a similar conclusion in his own research, and the commissioners accepted his recommendation to suspend the satellite facilities.
At the behest of the Aiken NAACP, the organization's national office filed a federal complaint with the Justice Department the next day. Meanwhile, Holly sought an opinion from the office of S.C. Attorney General Henry McMaster.
That opinion, offered two days later by Senior Assistant Attorney General Charles Richardson, cited provisions of state law that appear to support the opening of satellite locations. Specifically, S.C. Code 7-15-330, indicates that a quality elector or family member must request an application to vote absentee in person, telephone or mail from the county registration office "or at an extension office of the board of registration as established by the county government body."
That provision and its authorization of the establishment of a satellite office "is clearly recognized in association with voting by absentee ballot."
Holly said the opinion doesn't fully clarify the definition of an "office." There would have been more discussion by the commission on that issue if time had permitted, he said. Holly said he expected further ramifications of this situation regardless of the way the commission ruled -- especially if the races are close and people look for ways to question the results.
The idea of a satellite location is a great community service that promotes participation, said Brecht, the Democratic party chairman.
"With the price of gas and the distance to Aiken from North Augusta, Wagener and Salley, it can be an inconvenience for some voters," he said.
Brecht contends that the Kincannon is part of a Republican effort to suppress voting, specifically in the S.C. Senate District 25 race, where incumbent Republican Shane Massey is going against Democrat Greg Anderson.
In an earlier interview, Massey said he only knew about the situation through media reports. He understands the argument on both sides. His primary concern, said Massey before the attorney general's opinion, is that voters might not have their votes counted if the rules were not followed.
The Republican party vice chairman, David Lobb, said Brecht's comments were off target. The GOP would have more to lose if the satellites were ruled to be illegal, said Lobb, "because more Republicans will vote absentee than Democrats."
Contact Rob Novit at rnovit@aikenstandard.com.
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Posted by: VOTE On: Saturday, October 18, 2008 5:27 PM
Comment Title: Todd Kincannon
What a slimey jerk. Just google this idiot. He has nothing to do with Aiken County, "Concerned Citizen" my ass. Just another trick to hold back the vote. Old ladies with walkers waiting in long lines because of this jack-ass. He needs to keep his fat jowls in Simpsonville, Columbia or at GOP headquarters. I googled him too and can see his smirky fat ass smiling like a chesshire cat. People get out and vote! Don't let this tool or anyone else dicourage you
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Posted by: Amicus Aikenae On: Saturday, October 18, 2008 3:42 PM
Comment Title: Satellite stations OKd to open
This is a wonderful but rare triumph of Democratic good over Republican evil. The Republicans attempted dirtily to discourage and infringe on our voting rights, and they failed miserably. Their panicked, unsuccessful attempt matches dozens of similar attempts nationwide as part of a deliberate, organized policy by the Republicans, who are desperate to reduce the numbers of voters nationwide in faint hope of avoiding the inevitable election of Obama and other Democrats, which is going to place the Democrats in firm control of all three branches of federal government, and also in more states.
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Posted by: sick of GOP crap On: Saturday, October 18, 2008 1:26 PM
Comment Title: HE IS A SCHMUCK
i googled that todd kincannon guy, he has a big ole fat head...looks like a cookie cutter good old boy...typical GOP jerk-off
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Posted by: PROUD TO BE A NATIVE S.C. DEMOCRAT On: Saturday, October 18, 2008 11:30 AM
Comment Title: Finally Some Sense...
Saving gas, ease for seniors, etc.....it just makes sense....why did this county let "Toad Kincannon" even have a say...ohhhh hes a lawyer and parlimentarian for the GOP...just look at a picture of this shmuck....anyway, looks like this board finally wised up and did the right thing...in the future why dont you guys seek advice from local non-biases people instead of a BAFFOON SIMPSONVILLE LAWYER AND WATER BOY FOR THE GOP....GEESH
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