02/26/04 THU 10:00 FAX 315 435 8451

SPAFFORD PARTY

1940 E LAKE ROAD

SKANEATELES, NY 13152

November 5, 2003

Commissioner Helen M. Kiggens

Commissioner Edward J. Szczesniak

Onondaga County Board of Elections

421 Montgomery Street, 15th Floor

Syracuse, NY 13202

Dear Commissioners:

Spafford citizens who created and supported the Spafford Party throughout the last several months have strongly asserted that we should report some of the incidents that occurred during the voting process in Spafford on November 4, 2003. We believe that one incident that occurred at the Spafford Fire Hall, in particular. was very serious and even potentially violent.

First of all, we would like to emphasize that Spafford Party officials were very concerned about adhering to the Board of Election guidelines. Since there were few written rules available from your office, we called often to ask for clarification. At times, we even worried that our calls might be viewed as excessive by your staff.

Instructions written on the poll watcher certificate forms are very brief and even ambiguous. We were very careful to call the Onondaga County Board of Elections to request more information about regulations and rules for our poll watchers and for the actual Election Day process. We asked multiple questions regarding these issues on two different occasions and some things were clarified for us, but we were also told that we need not be so concerned about the details of the rules, as the election inspectors were very well trained and they would provide guidance for us on the day OH the election. In several important instances, this proved not to be the case on November 4, 2003.

The following difficulties occurred:

1. At the Spafford Town Hall, there were repeated issues regarding the location of the poll watcher desk. The Onondaga County Board of Elections had told us that the desk should be behind or to the side (and out of the way) of the inspectors and the voters. We located it about 10 feet behind the inspectors table and off to the side. In this location, the Inspectors table was a barrier between the voters and the poll watchers and the location seemed to work fine for everyone — indeed Inspectors Myers and Osborne indicated that this location was fine, Several hours later Republican Candidate Lisa Valletta came into the polling place and loudly declared, “headquarters does not like location of the poll watcher's desk." Valletta demanded that it should be moved to the Front of the room (near the entry door). This seemed to he the opposite of what we had been told, hut since the Election inspectors agreed with Valletta that it could be moved there, we did so. Several hours later Spafford Republican Party representative Grace Grenga came in to the polling place and indicated that she had received complaints about the location of the Poll watchers. Inspector Myers indicated that Candidate Valletta bad asked to have the desk moved to its new location, but it could be moved to the back again and we did so.

2.  Candidate Lisa Valletta’s office is in the Town Hall. but it is not in the community room, which was being used a polling place. Valletta's office has a separate entry door and there is no reason for her to walk through the polling place to enter her office. We do not believe that the Town Hall offices were open on November 4. In spite of this, Valletta remained in her office throughout the day, kept the door open between her office and the voting booth area and interacted with voters, inspectors and poll watchers throughout the Jay. Valletta also physically entered the polling area repeatedly throughout the day.

3.  Candidate Gordon Ireland entered the polling places to bring snacks and beverages to the Inspectors and at the same time socialized with the people in the polling area.

4. Election Inspector Ann Palen at the Spafford Fire Hall curtly informed poll watcher Dr. Fritelli. “I do not need to do anything for you! You do not have a right to be here. It is merely a courtesy that you are here!” This occurred when Dr. Fritelli asked her to please state the voters’ name out loud, since because of the distance of the poll watchers’ table and the constant loud socializing by the Inspectors, he was having difficulty hearing names. Inspectors had placed the poll watcher table approximately 30 ft from the Inspectors table. When Inspectors knew a voter they sometimes did not even speak the full name out loud. (For example, Hi Harry!) At one point a person dressed as a chicken had come in and pretended to lay chocolate eggs. Needless to say, it was difficult to hear names at various times. We were told by the Board of Elections that it would be ok to ask an Inspector if it were difficult to hear.

5. Spafford Party Candidate Joyce Barnett briefly entered the Spafford Fire House twice as follows: At 9:30 a.m. to drop off paper work for the poll watchers. She did not talk to any person in the building except the Spafford Party poll watchers and left within 2 —5 minutes. She also entered the building at 3:15 p.m. to pick up paper work from the poll watchers, spoke to no one other than poll watchers and left within 2 — 5 minutes. No one expressed any concern of any kind on these two occasions. The Spafford Party was not given any written guidelines by the Board of Elections, but was instead told to rely on the directions of the ‘very well trained” Inspectors. If there were any rules inadvertently being broken by this Candidate’s brief presence in the building, the Inspectors did not inform her or any other Spat ford Party representatives of the problem. If they had, their instructions certainly would have been followed.

At about 8:45 p.m. Candidate Barnett arrived at the Spafford Fire Hall to witness the “totaling of the votes.” The Onondaga County Board of Elections had told us that candidates were allowed to witness this process. (The other 2 Spafford Party candidates arrived about the same time to witness at the other polling place.)

Barnett walked to poll watchers desk, spoke only to the poll watchers, saw that there was still a few minutes before the polls closed and immediately turned and walked out of the building to make a call on her cell phone. She was in the building for less than one minute. There were no voters in the building. Inspector Barbara Shoemaker got up from the Inspectors table, caught up with Barnett as she went through the door to the parking lot and physically pushed her through the door. In the parking lot Shoemaker followed Barnett about 15 feet out into the parking lot and began shouting. She accused Barnett of entering the polling place and “loitering for hours” throughout the day. She also told Barnett that “I hate you and a lot of other people hate you too.” She followed Barnett further into the parking lot and began yelling about issues of the Spafford Historical Society that she was unhappy about. Barnett said that this was not the time or place for that discussion and asked Shoemaker if she shouldn’t just go back into the polling place. Shoemaker repeatedly yelled that Barnett was not in charge and shouldn’t tell her what to do. Poll watcher Victor Sayko had seen Shoemaker run after Barnett and place her hands on Barnett just as she went through the door. He came outside to see if everything was ok and witnessing Shoemaker’s fury and loud accusations, suggested that he and Barnett drive down the road for the last few minutes before the poll closed. When Sayko and Barnett returned at precisely 9 p.m., they were met at the door by Inspector Randall who informed Barnett that she could not be a witness to the vote tally and that if she did not leave, the Board of Elections had instructed her to call the Sheriff. Barnett, a professional trained in conflict resolution, calmly suggested that the Spafford Party poll watchers witness the count in her place and waited in the car.

Although representatives of the Spafford Party did everything they could to defuse a very volatile situation, we are very aware that this could have easily escalated — even into violence. We feel that the entire incident was the result of Inspector Shoemaker and that her behavior must be reported. There was truly no problem — until she created one. If there is a rule about candidates delivering paperwork to poll workers, we were not informed of it and it certainly was not our intention to violate any rule. If the Inspectors had told Barnett that it wasn’t appropriate to come in, she would certainly have honored their instructions. (If there is such a rule, it appears that Candidates Ireland and most especially Valletta also were not aware of it or did not honor it.)

In good faith, the Spafford Party requested written guidelines from the Onondaga County Board of Elections and were told there were none. We called often and asked many questions throughout the campaign process and just prior to election day. We were told to rely on the Election Inspectors for guidance and we did so in good faith, with the utmost respect and. the best intentions. A simple, “ Please wait outside and away from the polling place until exactly 9:00 p.m.” would have sufficed. Pushing a candidate, following a candidate as she left the building, pursuing her into the parking lot, verbally assaulting her with talk of “hate,” bringing up conflicts unrelated to the important business at hand -- represents a lack of control and good judgment by a board of elections official charged at that time to manage the poll and the polling process. Inspectors Randall and Palen, both representatives of our opposing party quickly backed up Shoemaker. We believe this incident was very serious and is a violation of everything the American democratic process represents. People who witnessed the event in the parking lot or who have heard of it have strongly urged us to report this to the Board of Elections. Shoemaker’s behavior is seen as a deliberate attempt to intimidate and create a hostile, divisive situation. We feel that this inappropriate behavior must be reported and corrected — or next time the situation may be far worse. The voting public who selected Barnett as the lead candidate for town council on November 4th was also violated when their candidate was targeted and accosted by Election Inspector Shoemaker.

The election process is key to the principles of democracy and American values and its integrity must be maintained. Please let us know what action you will take regarding our experiences on November 4, 2003 and how we may assist you. Please also know that our candidates and poll watchers would never have knowingly violated any rule or regulation associated with the election and are all very eager to speak with you and to assist you, if need be.

Sincerely,

Carol Payntar

Campaign Chairperson

Spafford Party

cc: NYS Board of Elections