Got Free Elections?

We, the people of the United States of America, have taught the world about representative government. Do we need to go back and read our own books? Have we lost touch with what makes our country great? The freedoms we enjoy were bought with courage, human lives, and personal sacrifice. Do you love your country enough to stand up for free and open elections or are you just cashing in on the land of opportunity? Does Character really Count?

"Free and fair elections require rules that require party representatives to maintain a distance from polling places on election day — election officials, volunteer poll workers, and international monitors may assist voters with the voting process but not the voting choice." US State Department Link to Principles of Democracy - Free and Fair Elections

On Tuesday, April 5 at 6 a.m. Elmhurst began casting votes for mayor, city council, school board and park board. Most polling places hummed along according the the rules set forth by the DuPage Election Commission.

Every polling place is subject to the authority of Election Judges who are appointed and confirmed by the Circuit Court. Polling places are staffed by at least one judge from the Republican, Democratic and Libertarian parties. Though Elmhurst municipal elections are non-partisan, the republican and democratic parties both fielded slates of candidates for Township government offices.

Candidates may appoint Election Pollwatchers who are permitted to observe the voting process. Pollwatchers are not to interfere with the election judges or the voters in any way. Electioneering, or campaigning inside a polling place where voting is taking place is strictly prohibited. (See excerpts from the DuPage County Election Commission Pollwatcher Guide at the end of this article.)

But according to some reports, Mr. Q., a pollwatcher at Lexington Square, apparently did far more than simply observe. Information is trickling in from eyewitnesses and Lexington Square residents about a pattern of vote fraud at Lexington Square that may have been going for years.


The Allegations

Mr. Q. provided the voters at Lexington Square with a sample ballot indicating who to vote for in the following contested races and the Salt Creek School District Funding Referendum.

Mayor - Thomas Marcucci
Ward 7 Alderman - Charles Mueller
Park District Commissioner - Christopher Healy
Referendum for Salt Creek School District - YES

Providing a sample ballot promoting certain candidates is perfectly legal -- no problem there, but Mr. Q handed out his sample ballot at the entry door to the polling place room, a textbook example of illegal electioneering.

After voters received their ballots from the York Township Precint 32 (Lexington Square) election judges, Mr. Q. helped the voters. In some cases Mr. Q. marked the voters' ballots so that the voters would know who to vote for. In many cases, Mr. Q. assisted the voters by looking over their shoulders as they were voting. If voters made a move with their pens to vote for the wrong candidate, Mr. Q., would say something like, 'I don't think you want to do that.'

Many Lexington Square voters could not stand while voting and were seated at an open banquet table where Mr. Q. could be of better assistance. The handicapped voting booths provided by the DuPage Election Commission were not used.

Some Lexington Square residents reported that in the past, Mr. Q. customarily helped many residents shade ballot ovals for the candidates he preferred.

Reportedly, though other pollwatchers objected to Mr. Q.'s electioneering and vote tampering, the election judges did nothing to stop him. In fact, according to one report, when Mr. Q. stopped helping voters, an election judge took over helping out, making sure that Lexington Square voters did not make wrong choices on their ballots.

Finally, late morning on Tuesday, April 5 a representative from the State's Attorney's office arrived after repeated phone calls for help were placed to the State's Attorney and the DuPage Election Commission. And, a fifth election judge was added to keep the remaining polling fair and honest.

Guess what happened next? Mr. Q. stopped helping. And the State's Attorney observed no wrongdoing. But of course by that time many at Lexington Square had voted. Voters stopped coming down to the polling place. After Mr. Q. decided to stop helping, the voters stopped coming. Why?

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Many Lexington Square voters are not all that interested in voting in the municipal elections. In 2003, approximately 36% of the registered voters turned out to vote in the local elections. Was there anything that might have rallied voter participation on Tuesday, April 5?

As one elderly woman sat in her wheelchair, she said that she only wanted to vote because she was encouraged to vote "YES" for the Salt Creek School Referendum and she "wanted to help out the school kids." Similar statements were made by other Lexington Square voters. Oddly enough the Salt Creek school referendum was on the back of the ballot which was not shown to the voters by their helpers.

Were voters rallied for a record turnout, one that would assure a landslide victory for Mr. Q's preferred candidates? Were the 973 registered voters in Precinct 32 urged to turn out like never before to vote to do something good to help children? Or were some voters motivated by the prize drawings they could enter with their voting stub?

There are reports that as the polling place was packing up, the defeated Ward 7 alderman appeared very surprised by his Lexington Square vote tallies. According to unverified reports, he exclaimed in a loud voice, "What Happened!" If true, was he was hoping for a better turnout -- a bigger, even more favorable turnout, that would overtake Donna Lomnicki's strong showing in every other Ward 7 precinct?

The candidates that did not get special recognition and help from Mr. Q. actually did receive some votes from able bodied voters who resisted Mr. Q's help. And it is not totally impossible that some infirmed voters may have chosen Mr. Q.'s candidates even absent electioneering interference.

Following is the official vote tally from York Township Precinct 32 which consists primarily of Lexington Square

Mayor (vote for 1)
Votes
262 Thomas Marcucci
102 Paula Pezza
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162 = Vote Margin gained by Marcucci from Lexington Square

Without Lexington's vote margin, Marcucci's city-wide win over Pezza shrinks to 539 votes.

Ward 7 Alderman (vote for 1)
Votes
217 Charles Mueller
121 Donna Lomnicki
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96 = Vote Margin gained by Charles Mueller from Lexington Square.

After Ward 7 votes were counted Lomnicki defeated Mueller anyway.

Elmhurst Park Commissioner (vote for 1)
Votes
not Christopher Healy
yet Mark William Daniel
available
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Vote Margin gained by Christopher Healy from Lexington Square

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If the reports of Mr. Q.'s election interference in York Precinct 32 are true, a crime against the people and against our free and open elections was committed.

Perhaps the State's Attorney investigator (a respected former Elmhurst Police Department employee)has more important cases to solve. Perhaps he didn't find any evidence of wrongdoing, especially since the illegal activity stopped once he arrived. Maybe vote fraud and tampering in Elmhurst is just not important to the investigator's superiors. Will this case just wither away as the statute of limitations on prosecution runs out? Will the Illinois' State's Attorney ask, too, "What Happened??!!!!" What do you think?

After the 2000 presidential election, some locals quickly latched onto sensationalistic national news stories of Florida election improprieties. And many have still not moved on. Even after the investigations and the finger pointing stopped, many harboured a simmering outrage. Where is that outrage today, in our own city, not some remote county across the country or on another continent? THIS is where democracy lives or shrivels up and dies -- right here.

Link to other Election and Voting posts below

Voter Fraud Watch

Character except when it Counts


Link to DuPage County Election Commission

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DuPage County Board of Elections Pollwatchers Guide (excerpts from p. 4)

Instruction

Instruction, is explaining to the voter (in full view of everyone in the polling place) how to properly cast a vote or write-in. Where voting machines are used, a voter must request instruction to receive it.

Any instruction that might be required should be given before the voter enters the booth. However, if a voter requests instruction after entering the booth, the judge should instruct the voter in full view of everyone in the polling place. A demonstrator ballot, not the voter's official ballot, should be used during the instruction.

Assistance

Assistance, is the actual casting of a vote for the voter by specified persons in the privacy of the voting booth. Assistance is given only upon the voters request and after the voter completes the appropriate affidavit. In every instance of assistnace, both the voter receiving the assistance and the persons(s) giving the assistance, must sign the appropriate affidavit.

Only two groups of voters may be given assistance: the illiterate voter and the disabled voter. If assistance is given, the voters Application for Ballot must be marked at the bottom on the appropriate square.

Assistance is alway given in the secrecy of the boting booth. Anyone giving assistance, must cast the vote as directed by the voter and shall not provide anyone with information as to how the vote was cast.

Assisting the Physically Disabled Voter

A physically disabled voter is a registered, qualified voter who is physically unable to cast their ballot or is blind.

A physically disabled person may be assisted by any person of their(sic) choice, including a friend or relative, or by two judges, one from each political party.

More to Come - Look for an update on the Lexington Square Park Board Race Vote Tally as it becomes available